The Hawaiian gazette., 1911-11-07
QUESTION OF
JURISDICTION UP
Atkinson Holds Federal Court
Cannot Try Crime on
Reservation.
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diction over crimo committed at Lei.
Iehua reservation, Is the ground taken
by Attorney a. L. G. Atkinson, who is
defending Mi,sunga on "a charge of
larceny. ia demurrer filed yesterday, |
and should this contention be upheld by
the court IL will result in q strange
condition, the most important immedi
ate effect being that the federal court
cannot try Sergeant McMahon for the
killing OF A. N. Cederlof at Leilehua
the latter part Of Septemer.
Mitsunaga is charged with the lar;
oony of six promissory notes from one
Ogato Mt Leilehua, the notes being
worth $1,000 and the crime alleged to
have been committed on May 10, last.
''It is a nice question of law, said
United States District Attorney Breck-
ons yesterday afternoon in discussing
the matter, "and should it be decided
that this court has no jurisdiction i'll
will result IN Mcmahon not being
brought 20 trial here, but also in the
turning loose of Anderson Grace, now
at Leavenworth, who was convicted of
murder at Watertown,"
| One matter which complexities the
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government does not own the reserva-
Elon at Leilehua, and will not until the
lease of the Dowsett estate runs out,
which win happen in few months.
Under these conditions it is not gov
ernment land as long as the lease is
in force.
Prosecutor Breckons in looking up
cases yesterday, found one which took
! place in Montana where man got out
going to trial in the state court by al
leging no jurisdiction, and then when
he was called up in the federal court
he was turned loose on the same
grounds.
1t is the idea of the attorney of
Mitsunaga that the Territory alone has
jurisdiction on the military reserva-
tions, as no act of the Legislature has
ever given it to the United States. In
q State there would be no question gen
orally as the States have passed laws
vesting the jurisdiction of matters of
federal reservations in the federal
courts.
After all the trouble of convicting
/ the negro Anderson Grace, to have t.
/ turn him loose in the States because
the court which convicted him had nl
ii jurisdiction in the matter would be {
{ strange spectacle of miscarriage Of
Justice through technicality of the
/ law.
/ The decision of Judge Clemons ON th
' demurrer introduced yesterday il
awaited with interest.
ss X X X X :ls;as'
/. pavilions were used for dancing, OIL
: chestras of Hawaiian singing boys bC
y ing stationed in each and until Ion
4 after midnight the pavilions wer
!, thronged for each dance.
a. Supper was served in the dinin
! rooms on the sixth floor, the menu be
! ing a model array of delicacies, an,
there over brimming glasses the consul
general pledged again his hope for in
ternational amity-'' Niehi Bel Shi
c Zen ''-everlastin friendship betwee
d the United States and Japan.
= The guests included representative
, of foreign nations, practically all -
.. the consuls being present; federal, ter
s. ritorial and municipal officials, officer
a of the army, navy and marine corr
10 from the headquarters of the new d
Sc partment, Forts Ruger, De Russy, Sha
ter and Schofeld Barracks and tn
70 naval station and marine barracks
4. representative Japanese, and soci;
3. Honolulu. Queen Liliuokalani was a
a. tended by Colonel Curtis Iaukea, Hoi
d E. X. Lilikalani and John Aimok
q. Dominis.
\. Young Hawaiian-Ja in It.
10 1t was great day for young Jal
k. anese- America. There were thousanc
ID at Aala Park, the Boys Field and III
IT Chi.dren's playground yesterday afte
y noon, celebrating the day with TYPES
ss Japanese and American sports-boy
ie and girls, and even old folks.
e. The children of Nuuanu High Scho
10 iisported themselves at the Boys Fiel
y. and those of KakaRko at Aala Par
go Throughout the afternoon the spor
NJ continued, hundreds of youngsters tal
ch ing part. Consul General uyeno offe
mt cd as n prIze to the best all-round at
he lete competing in the various events
or the two places n gold watch, whi,
Ial went to NJ Kojima of Nuuanu Hi
School. Trophy banners in patriot
red and white were awarded to fir
he second and third winners in all t
os. contests.
ne Great credit is due the teachers
oil. the Japanese SchoOlS Tor their WOrk
ry drilling the students for flag and wa
ms exercises. Groups of Japanese girls a
We boys went through pretty figures |
err fore the crowd of several thousand p,
w. Pile who were gathered at the two fell
en-. and particularly interesting eye
be- was the work of large squad of Jc
an anese boys who went through a sigi
tn. flag drill.
of At Aala Park the county band pit
ed concert of music beginning
ms, three clock, opening the list of sci
hi. tons with the Japanese national
eir them, which brought the Japanese
ing their feet with barred heads IN the mi
on OF the tournament Of games.
ish, In the races, which were largely
tho the obstacle class, children OF all q
'seF competed from little tots hardly a
nge TO toddie 70 neargrownNpe, TIL
nal we're races were they had 90 eFawl
do der nets, through winding eheeta,
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