The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-01
NATIONAL ISSUES
ARGUED IN COURT
COntrOVerted Questions of the
Mainland Politics
Bob Up.

! While the political campaign is be
ing fought out principally on personal
issues, some of the big questions of
the Presidential campaign are being
fought ont in the United States Dis
| trict Court. One of these is the ques
ton of the right of CORPORATIONS to con
tribute to campaign funds, which is
receiving good deal of attention in
the speeches of the big men of both
parties on the mainland.
Another case heard yesterday morn
ing by Judge Dole involves the ques-
ton of contempt of court and con-
tempt proceedings which have a place
in national platforms.
This case was that of John Kamana
or John Kapela who was brought from
Kau by Deputy United States Marshal
Holt on Tuesday on an attachment for
contempt issued by Judge Dole. Ka-
mana was subpoenaed to appear and
testify in a case heard before Judge
Dole September s. He did not appear,
but the defendant, Kaailehua, pleaded
guilty and was sentenced and is now
in jail. On September 9, an attach
ment was issued out of the United
States District Court at the relation of
w. T. Rawlins, Deputy United States
District Attorney, and on this he was
brought before Judge Dole on Tuesday.
Judge Dole continued the case under
bonds of 800 which were furnished by
D. Kalauokalani Sr. and appointed G. |
III. Mcbride, the Governor s secretary, |
to defend him. Mcbride during the
absence of the Governor is taking a /
vacation practising law.
When the case came up for hearing
yesterday morning Mcbride filed mo.
ton to vacate the order of attachment
basing his motion on a variety of rea-
sons. Among the most important of
these was that the order of attachment
was issued without any complaint, at
fidavit, or information setting forth the
facts constituting a contempt, or tend
ing to show any contempt of court on
the part of the defendant; or that the
testimony of the witness was material
to any issue joined in the case of Ka-
ailehua, in which case he was sub
poenaed to testify; or that the court
had jurisdiction of the case of the Uni
I
ted States VS.. Kaailehua; or that the
conduct of the defendant was calculat-
I'd to or did actually defeat, impede,
Or impair Justice; or that an order to
show cause why he should not be at
sached for contempt was issued.
Another contention on which Me
Bride laid stress was that the case of
5he United States VS.. Kaailehua had
,ome to an end before the order was
ssued, so that the court was without
to issue the order. He adj .
nitted that if the order had been is
ued before the ending of the Kaailehua
.ase the court would have had iurisdc-
ion. But this not having been done the
ourt he claimed, was without jurisdic
ion. The case was argued at consider
Lble length by United States Attorney
3reekons and Mcbride The Debs case
vas cited and the decision of Taft, when
United States Judge, in a contempt {
ase was cited, and the whole range of |
was gone over in regard
o direct and constructive contempts
nd their remedies. 1t was a battle
oval and attracted a good deal of at
ention in the Judiciary building.
Judge Dole took the case under adj
-isement.