The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-03-08
Supreme Court Has Not
Allowed Their
Appeal.
Maxine, Negoro, Sega
and Tasaka Are
involved.
(From sunday S Advertlser.l

Tasaka, assistant editor; NJ. Negoro,
neutrality-suspicious. and editorial writer;
and Fred Maxine, leader of the Higher
Wage Association movement, and arch
conspirator in the Japanese labor strike
of last year, must go to prison and
serve out the ten months sentence i'm
posed upon each one by the circuit
court unless they take an appeal to
the Supreme Court of the United
States.
The supreme court of the Territory
of Hawaii yesterday filed a decision
against the conspirators, the decision
being written by Chief Justice Hart
well and concurred in by Justice Perry
and Circuit Judge Whitney, in place
of Justice De Bolt.
The appeal to the supreme court was
on exceptions to both the verdict of
Conspiracy in the third degree, and the
sentence. Unless an appeal is taken
TO the highest tribunal of the land the
four conspirators must serve out the
prison sentences imposed by the lower
court.
The decision is one of the most
lengthy ever filed by the supreme
court, covering twenty typewriter
pages. The decision goes into the case
infinitely, analyzing the various edi-
torials and news articles which appeared
IN the Nippu Jiji, the organ of the
Higher Wage Association, sustaining
the prosecution throughout. The four
men we're accused of melting and abet-
ting strike and the supreme court in
its syllabus sets forth that the statute
makes combination or mutual under
taking or concerting together to in
cite acts Of violence and to threaten
and intimdate laborers who should not
strike for higher wages or who should
not return to work punishable as the
offense of conspiracy.
The decision. further holds that a
mutual undertaking to arouse discon-
tent of a certain class of japanese
Raborers by speeches and newspaper
articles tending to incite acts of vio-
lence in order to induce them to strike,
rs. shown by, or may be inferred from,
the evidence in the case. Furthermore,
the justices declare, mutual under
standing may be inferred from the
conduct of the defendants, their mu-
tual relations to each other with refer
ence to common object and by cir
eumstantial evidence, although the or
der of presenting proofs is immaterial'
The court further states in its syllabus
that the intention of newspaper arti-
cles to ineite to criminal acts of vio-
Ience by threats and intimidation may
be inferred from their nature and the
fact that such acts followed their
publication tends to show that the Ian
.guage used in them was susceptible OF
such meaning in the minds of those
whom they were intended to reach
discriminating evidence of papers OBJ
tained from the possession of the de-
PENDANTS forcibly and without process
of law is admissible in the opinion OF
the court.
The attorney general is justified in
having private counsel to assist in the
prosecution of TIE cases, the private
counsel being particularly w. a. Kin
ney, S. NJ Ballou, NJ. +. Prosser and
Robbins Anderson of the law firm In
cluding those names.
History Of the Case.
Justice Hartwell, in his opinion
gives a complete history of the case
He sets forth that on January 13, 1909
the defendants were arrested by High
SHERIFF Henry, and in his complaint the
defendants were charged as follows:
That they rnlawfully, maliciously
and fraudulently combined and mu
tually undertook and concerted to-
gether and with other persons whose
names We're to tb affiant unknown "tC
do what plainly and directly tended
ito incite and occasion offense and to dc
what was obviously and directly inju'
rious to another" by conspiring to
prevent certain corporations owning
sugar plantations in the county of Ho
nolulu from carrying on their business
and operating their plantations by in
timidating and threatening violence
against, and inst'gatpg others TO in
timidate and threaten violence against
and melting and instigating assaults
and batteries upon all japanese In the
City and County of Honolulu who oppos
ed or should oppose an immediate de
maDd being made by the japanese
laborers upon said plantations for In
q 'ase Of wages aud strike by such
Japanese laborers M were refused
The demand ana upon all Japanese
Ia the city aud county who should
attempt 90 persuade any Japanese la
boTera who should be refused such de-
mand from leaving the employment ei
the corporations aud refusing 20 con
inne OF renew u, AID b. Intimidation
threats Of violence aud insiipaiing and
iEslilng others 10 inilnidAis aRd threat
on violence and hy ineiting and lnrii
gaiinR assaults sad batteries upon MI
jhpanfan lah0Iars upon said plHniaiionl
who should eonllnus 10 NoIi fof them
after helnR nDllhea Ny tbs defendants
sud their ferpnfpifni0ff 40 cease hud
TrfuR HaThing lfoT ihem) HHd aoa
splflaf ~ Flnllfl means ~ h0yfeil
HnaAflailg nnd 0tife1lfs leslsilY ~
iHnaHssf Nhe shNuli Tffulf ~ laln IL
reii aa'anfHii mEllfieus anl ffsAaulsal
feAhltaiiaH NJ N nsf M asila "a uslf 4
~ lla'Ae'iar iAf Nsf VI elifg " ~