Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-04-15

Petition for u Writ of Habcas Corpus.
To the Honorable A. Perry one Of
the Justices Of the Supreme Court Of
the Territory OF Hawaii:
Tho petition of Frank Il. Craig re.
specially shows:
. That he. the said Frank y. Craig, Is
unlawfully imprisoned and restrained
OF his liberty by william p. Jarrett
shcri1 Of the City and County of llo.
noulu. Territory OF Hawaii. at the po-
lice station In said Honolulu, City and
County aforesaid.
That according to the best of your
petitioners knowledge and belief, the
cause or pretencc of his aforesaid con.
iincmcnt and restraint Is certain pur.
ported or alleged warrant of arrest Is.
sued by William u. Lymer, District
Magistrate of Honolulu, City and
County of Honolulu, dated April I,
1911, which said purpOrted or alleged
warrant Is based upon purpOrted and
alleged written complaint sworn to be-
fore the said District Magistrate of
Honolulu by John w. Cathcart, City
and County Attorney of the City and
County Of lIonOlulu,-CopieS of which
said purported complaint and the war.
rant az arrest issued thereon by the
said William b. Lymer, District Mag
iStratc ag aforesaid, are hereto annex
cd, marked Exhibit a., and made a
part hereof.
That the said Imprisonment and re-
straint of petitioner Is Illegal, and
that said illegality consists in this:
|. That Act as Of the Laws of the
Territory of Hawaii, session of 1911,
under the authority of which Act said
warrant of arrest Is purpOrtcdly and
allegodly issued. Is contrary to the
spirit, intent, and provisions of Sec
10 of the Organic Act" of Hawaii 81
SITS. at l.. al, e. 1897, relating to con
tract labor.
.. That said Act As 10 in contravcn.
ton of Sec. 40 of said Organic Act"
which provides THAT each law shall
embrace but one subject, which shall
be expressed in it's title
3. That said Act IS of the Session
Laws of 1911 Is wholly unconstitution'
al and void.
4, That said Act constitutes an un.
reasonable restriction and regulation
of intercourse among the citizens Of
this Territory and those of other
states and territories OF the United
I. See. 8, Par. 3, ana Act !, Sec. .,
Par. !, Of the Constitution of the Unit.
cd States.
L. Ca) That said Act Is cXpost fac,
to In its operation, and Is in contra
vention of Act I, See, ., Par. ., Of the
Constitution of the United States.
>. That said Act is violativC of the
First Amendment to the Constitution
of the United States, In that II
abridges the freedom of speech and OF
the press
&. That said Net tends to create
and Creates condition of invOlun
tary scrvitudc among persons of the
laboring class in the Territory Of Ila
wall, contrary to the provisions of Sec
of the Thirteenth Amendment to the
Constitution of the United States.
Z. Tnat said Act Is violativc Of tho
' Fourteenth Amendment to tho COnsti
tuition of the United States, in this:
Ca) II denies to persons within the
Territorial jurisdiction the equal pro
lection of the laws,
% II Is an interference with ant
restricts the right of the citizen Il
move from the Territory of Hawaii Il
another state or territory of tn,
lnllcO states, ana therefore hDIluee'
his privileges and immunities, In con
travcntiOn of tho provisions OF See.
of said Fourteenth Amendment
(cC' II unduly restricts the right o
the citizen to contract, thereby dcprly
ing him of his property without du'
process Of law, and amounts to pro
hlbtiOn Of the right TO carry on law
full calling and occupation.
I'd It (said ActO Is class lcglsla
ton, discriminating arbitrarily am
WITHOUT reasonable basis.
s. That said Act Is violative of tn
Fifth Amendment to the Constitution
of the United States, for the reasol
stated in subsection tCl herclnaboyo
Therefore, your petitioner pray
that q Writ Of Habcas Corpus may b.
granted directed to the said William
p, Jarrett Sheriff OF the CITY an
County of Honolulu, AS aforesaid, CON
handing him to have the body q
Frank b, Craig, your petitioner, be
fore the Supreme Court of the TER
tory of Hawaii, at time and plac
therein to be specified, to do and r.
Ceive what shall then and there b
considered by such Honorable Coul
concerning said Frank d. Craig, t