The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-09-29
TEST CASE .
CONTINUE, rom Page one. ,

. up out nan an nOur OF the courts time.
and submitting the matter on a. brief.
The chief points in his argument were
as follows:
, The ground of demurrer as to the
/ first count is that corporations organ
! lied under the laws of Hawaii are not
corporations organized by authority
of any laws of Congress- AS to the
second count the ground is that the
law is not applicable to an election at
! which a Delegate is to be voted for,
that is the word Representative in
the Act does not include the word De
legate", that the word Representative"
is the denomination and designation Of
a well defined and known class of per-
son Representatives in Congress-" and
does not include a separate distinct
and known class of persons, Delegates
in Congress"
1t was held that the Haleakala cor
poration came into existence pursuant
to the laws of the Kigdom of Hawaii.
The Organic Act continued in force the
laws of Hawaii. 1t is asked that if
the court believes that there is dis
tinction between corporations existing
before the passage of the Organic Act
and of those organized since that time,
this shall be indicated. The conten-
ton is made that there is no such dis
tinction. 1t is held that the Territorial
acts have a distinct and we'll defined
meaning of their own as have state
statutes and that Territorial laws are
not laws of Congress within the
meaning of the term. A number of
cases are cited to sustain this conten-
ton
Under the second count, whether the
term Representative includes that of
Delegate" it is Contended that while
in a certain sense the Delegate" from
a Territory is the representative Of his
constituents in Congress, still it does
not follow that he is a Representa-
tive" that word being used with
capital r to denote exactly the class OF
persons to whom reference is made. 1t
is held that strictly speaking delegate
to Congress is not a member of Con-
gress. He has a seat but no vote. It
is stated that in fifteen statutes where
the term Member of Congress" ap'
pears the same is followed by the word
. Delegate" and in twenty-five statutes
where the word Representative APP
pears. it also is followed by the word
Delegate" thus showing that the two
terms are entirely separate in the
practise followed by Congress itself.
In no case was Attorney Lewis able to
find statute in which the term Re
preventative appeared that 1t was not
followed by the separate definition OF
Delegate"
The answering argument made by
U. S. District Attorney Breckons was
a mastery one, taking an entirely dill
ferent point of view from that of the
opposing counsel. While Lewis had
worked entirely on the legal and tech
meal phase of the question, Breckons
looked toward the intent of the Act.
He said in part:
Upon the first count l am inclined
to have some doubts, in fact more per-
sonal doubt certainly than is expressed
by the Attorney General of the United
States. In this connection it may be
held that the Haleakala Ranch Com
pany, being a corporation organized
under the laws of the monarchy, con-
J nd
still holding its existence under the
Organic Act, is not a corporation or
ganized under the laws of Congress.
| would ask Your Honor in his deci-
sion to note this and render an OPP
inion on both phases, as otherwise II
might be necessary to file a second suit
against a corporation which has been
organized since the Organic Act
Coming to the second count | am
; glad to state, to know and to feel sure
, that we have reached state in the
legal affairs OF This country where the
strict Interpretation, one sided, techni-
cal rules are being cast aside, those
rulings through which so many law
: breakers have escaped. More atten-
ton now is being paid to the intent
of the lawmakers when they passed
this Act or that Statute, what good
will result from it or what evil will
be remedied Now we find out from
= the debates which took place, from
the searching OF the minds of the law
makers in this manner, what they in
) tended. For years this has been the
trend of judicial decisions and of leg
islative acts.
= "One hundred and fifty years ago
p when there were some hundreds OF
crimes which were all punishable by
= death it was necessary to watch these
: technicalities to safeguard the life OF
: man In those days if the little boy
running along the street picked up an
2 apple as it lay fallen on the ground
/ from a tree, he might be hanged, while
F. if he had plucked 1t from the bough
: he would go free. But these days
: are changed.