The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-04-11


attracted BY the glittering promises of |
adventure, had left his home and gone !
with the emtgrants. She was also re-
ferred to the United States officials, as
the sheriff could do nothing. The |
pathos of the mothers who have lost |
their sons through the promises of the
recruiters is one Of the details of the
whole affair which adds a sadly per
sonal point Of view to what Is other
wise fight between corporations.
Daring the morning Kube and Saito,
two Of Captain Miller s Japanese, we're /
arrested by Harry Lake.
Fix Positions.
Daring the day the Senator, which
had been steaming off the coast,
anchored near the British steamer off
the channel, supposedly on orders from
the collector of the port. There were
many guesses as to her position and
finally Mr.. Ballou and Surveyor E. d.
Baldwin went to the top of Punchbowl
and through the medium of trigonome
try fixed the position at mile and a
half off shore.
Mr.. Ballou at once returned and get
ting the high sheriff the two again
Went out IN u Henry EcdQ
commission and every routine detail as
demanded by law was complied with.
The same refusal was met with and the
two steamed back. AS they were re-
turning, Attorney Dorm of the Alaska
interests and Captain Miller passed
them going out. Twenty minutes later
the steamer was steaming southwark,
while Miller's launch returned with
Miner, Dorm and Craig.
Craig surrenders.
AS Craig stepped on shore he was
seized by Chester Doyle, while Harry
Lake read the warrant, and then taken
to the police station. There he was
charged with the violation of the new
act just passed by the legislature re.
lating to emigrant agents. He hurt the
feelings of Lake considerably by refus.
ing to shake hands with him, which
was the very last rebuff of them all.
The note in the San Francisco Guide
that the Senator had cleared from there
to Honoipu ON Hawaii, which was first
thought to have been mistake is now
possibly correct and that may have
been her destination last night.
1t is significant that she left as soon
after the wireless offices were closed
as was possible for her to do without
giving the local authorities chance to
catch one of the operators on the other
I island and warn The other county au-
thorities.
1 1t will not be surprising to hear
that she has made raid on the Hawaii
coast similar to the one she perpe
trated at Honolulu, as there is little
knowledge of the new law down there
as well as no adequate force to handle
i the careful planners on board the mod
ern labor.pirate ship.
One of the features on the side dur
ing yesterdays developments was the
libeling of all of Captain Miller's feet
with the exception of one launch, by
H. Hackfeld s. Co.
The Court Decision.
The decision rendered by the su.
preme court goes into the case relating
to the Korea emigrants very thoroughly
and is most unqualified in its disap
proval Of certain of the features con
nected with it, particularly City Attor
ney Cathcart Is order, which barred this
men from getting counsel.
1t also held that the circuit court
judge had no right to issue the order
nected with the matter. The decision
said in part:
"The common law referred to BY
the authorities, whether inclusive OF
exclusive of the statutes of Philip and
Mary, gave the power to Justices OF
the peace and coroners only and not Il
courts of general jurisdiction CORE
, spending in any degree to our circuit
courts or judges, limited it at most tt
cases where an indictment had beer
found or where the accused on a pre-
liIninary examination had been com
mitted for trial or held to await tn,
action of the grand jury and authorized
imprisonment only in the event of re
fusal of the witnesses to appear or Il
furnish recognizanees as ordered.
Sin the case at bar at the time o.
the issuance of the order no indictment
had been found or presented or FLEE
, in court or submitted to the grand iury
I for finding either against e. de Guz
man or against any other person ebarg
ed with the Offense mentioned in tn,
affidavit of the attorney general, n,
person had been, after preliminary ex
> animation by the magistrate, commit
, ted for trial or held to await the action
Z of the grand jury and the propose,
witnesses were committed to jail with
I out having been given amy opportunit
, to furnish reeognizances. The orde
did not define the amount of the recog
!, nizances. Even if, therefore, certail
! powers of this general nature existe
lat the common law, whether with O
without the aid of the statutes of Philil
& Mary, they were not such as to sup
T port the issuance of the order now un
der consideration, both because the,
did not relate to courts of a jurisdic
1 ton similar to that possessed by GU
circuit courts and judges and also be
i cause they could be exercised only il
, a mode and under circumstances no
, followed or existing in the case of thes
! petitioners.
, "Under the terms of the statute tn
order there mentioned can only be mad
!. I'D when an indictment has been 'pre
a ferred or (2) when an Indictment /
/ about to be preferred Responder
comedies under the circumstances il
this case that no Indictment had bee
. preferred within the meaning of tn
. statute but claims that one was 'abOu
: to be preferred the argument ad