The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-03-25
HABEAS CORPUS
WRIT IS DENIED
Japanese Strike Leaders Must
Stay in Jail and Serve
Their Sentences.
tFrOm wednesday Advernser.)

japanese strike leaders convicted in
the circuit court of conspiracy, must
stay in Jail. Judge Robertson of the
United States District Court so decided
yesterday morning by denying the petit
tion for a writ of habeas corpus.
In denying the petition, Judge Rob
ertson held out some slight hope to
Attorney Lightfoot, counsel for the con
spirators, but it is very slight. The
judge advises him to go to the terri |
torial supreme court on writ Of habeas
corpus. The supreme court would, in
view of its former ruling, probably re-
fuse to issue the writ but the attorney
could then appeal to the Supreme Court
of the United States. But there is /
little hope for him there, considering
the court s ruling in the Morita Keizo
case, in which it refused to consider
a matter of that kind that had already
been passed upon by the territorial
supreme court
1t looks very much as if Maxine and
his associates were in Jail to stay until
their ten months sentences are served
out. OF course, Lightfo0t can appeal
from Judge Robertson's ruling either to
the circuit court of appeals of the ninth
circuit at San Francisco, or directly to
the Supreme Court of the United
States. But again, if he takes that
route to the court of final appeal, he
bumps up against former ruling to
the effect that the proper remedy in
such case is to 60 to the Supreme
Court of the United States through the
territorial supreme court.
A Tactical Mistake.
1t appears that the defense made a
serious tactical mistake in the first
place by going to the supreme court on
a bill of exceptions instead of on writ
of erron The Supreme Court of the
United States has ruled that no case
may come before it and be considered,
unless it carries with it the entire rec
ord, as a bill of exceptions does not,
and as writ of error does. 1t is said
that Lightfoot was carefully led along
the bill of exceptions road by the OPP
posing attorneys, and that when he
filed his bill of exceptions, lost out,
and then allowed six months to elapse,
he shut himself out from the possibility
of going up on writ of error, the only
way he could reach the court of last
resort with any chance of having the
matter considered.
OF course, Mr.. Lightfoot may waste
a few more months in litigation, if his
clients can afford it, but there appears
to be little chance of his getting them
out of Jail until they have served out
their sentences.
Sure of Release.
But so confident were the conspirators
that they would not have to stay in Jail,
that when they were arrested last week,
they did not even take extra clothing
with them, and Editor Soga did not ap-
point substitute to edit the Nippu
Jiji while he was temporarily in re-
tirement. They thought they would be
released in a few hours at most But
they were not. They are still in Jail,
and the chances are that they will stay
there.
Lightfoot made one last desperate
if they should be able to show that the
circuit court under whose Judgment
they are held, was without jurisdiction
for any of the reasons alleged, it would
be the duty of the supreme court to
of the prisoners, and if that court
should fail to do its duty upon any
mistaken ground, the error would be
rectified by the appropriate tribunal,
namely, the Supreme Court of the Uni
ted States. Such a course would OBJ
viate the necessity of an unseemly clash
between this court and the territorial
courts and the final review of the mat
ter would be had in the proper appel
late court.
cit is not necessary in this case that
the writ should be issued and hear.
ing had.
"The relation between the Hawaiian
territorial courts and the federal court
in Hawaii is substantially the same as
that existing between the State courts
and the federal circuit and district
courts within the same territorial limits.
"Where n prisoner is in custody un-
der void Judgment of territorial
attempt TO free his clients temporarily
when the Judge read his decision deny
ing the writ of habeas corpus. The
lawyer moved that the japanese be
released ON their own recogniZance. The
judge smiled blandly and denied the
motion.
In his written decision Judge Rob,
ertson says:
"The mere fact that the petitioners
are in Jail under a void judgment of the
territorial court does not constitute
such an exceptional ease of peculiar
urgency which would require or Justify
this court in exercising its jurisdiction
II is quite evident that should | issue
the writ (habeas corpus), agd, finding
the allegations of the petition to have
been substantiated, discharge the peti.
TONERS from custody, the judgment
would ON appeal he reversed.
"'fhe ordinary and proper eonrse for
the petitioners TO pursue would be to
apply 10 the supreme court Of the Ter,
ritory for a writ ~ habeas corpus, and
court, this court has jurisdiction 10 re-.
lease him upon habeas corpus,
4" But this court ought not 10 exercise
is jurisdiction except IN exceptional or
| peculiarly urgent eases, aud the mere
fact ihnt petitioner Is deprived 0f
bis liberty in violation Of bis rights
under tho federal constitution does not