The Hawaiian gazette., 1911-04-07
TROUBLE OVER
LICENSE MONEY
oATHcART DEMANDS NEW Ii
OEEsE--REoRUIrERs
DON'T.

The Emigration situation" sim.
plihed as far as the court ends Of II
are concerned by indictments returned
by the grand jury, seems now to be in
a hopeless tangle over the license ques-
tion. The territorial authorities Ere un.
certain how to take the situation but
the city authorities, and particularly
the city attorney, are emphatieally on
record in demanding ~ new license from
the recruiters
Cathcart sent letters to both Craig
and Ogawa yesterday stating that his
opinion that the licenses secured from
the Territory were invalid had been
concurred in by the attorney-general.
There is no consolation in the letters
for the money paid over for the licenses
but instead ~ note of warning concern
ing the new law just passed by the
legislature.
Cathcart intimated that he has heard
that the recruiters intended TO continue
doing business under the old license and
warned them that he would proceed
against them if they did so.
The assurance Of this position is not
shared by all the officials interested in
the matter. The treasurer is particu.
larlv at sea over his position in the
matter although his position calls for
no action other than taking the money.
He has been told by the attorney-gen-
eral that he had no right to take the
money for licenses from Craig,
The fact remains, however, that he
has it and can not give it back. If
he accepted it contrary to law, II was
only after the city refused to accept
it., Cathart's opinion having not been
filed at that time. The law was plainly
on the books demanding the license,
and no one else being willing to take it.,
the territorial treasurer had to, 1t
looks now as if Craig and 0gawa will
have to appeal to the legislature 10 get
their money back and indications point
to no desire to do this.
Cathcart IS letter demanding in effect
that another license be taken out
under the law Just passed has not been
received by the recruiters with any
great degree of enthusiasm. There is
sure to be mixup somewhere and it
is fairly evident that they are hoping
that in it there will appear loophole
by which they can escape.
The grand jury yesterday afternoon
Craig, Telefero, Baltazar and Alva-
rado. They are charged with violation
of Act 81 of the Laws of 1905. An
other curious legal kink appears here,
for if present conditions continue it
is probable that they will be prose-
cuted for violation of both this law
and the law that supersedes it, at the
same time.y
The men were arrested in the after
noon, the grand jury's action taking
the matter out of the police court. In
the supreme court the hearing on the
writ of habeas corpus is still going on.
A long debate yesterday in which
Messrs. Kinney, Ballou and Anderson
participated for the prosecution and
Watson for the defense ended, with
little advancement being noticed. Both
sides are now going to file briefs,
which are to be in by noon today.
Meanwhile the sixteen prisoners for
whom the writ was sued out have
been released on one dollar bail and
ordered to appear next Saturday.
One of the surprises of yesterday IS
developments came to Ogawa, who
learned in the afternoon that he had
been to the treasurer to get his money
back. His surprise is shared by the
treasurer.