The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-04-14


Provided, That no suit or proceed
ings shall be maintained for the spe-
cifc performance of any contract here
tofore or hereafter entered into for
personal labor or service, nor shall any
remedy exist or be enforced for breach
of any such contract, except in a civil,
suit or proceeding instituted solely to
recover damages for such breach. p
Organic Act.
The above cla1se from Section 10 of
the Organic Act is one of the principal
points relied upon by the attorneys of
Frank B. Craig to clear him on the
charges of violating the newly passed
emigration laws, according to develop
ments yesterday.
The fight by the defense to test the
legality of the recently enacted emf
grant laws, and, if possible, have them
declared unconstitutional, commenced
yesterday afternoon when Craig was
surrendered by his bondsmen and a
writ of habeas corpus Immediately
afterwards issued.
The move was a sudden one, and Mr..
Anderson of the firm of Kinney, Ballou,
Prosser & Anderson was the only repre-
sentative of the prosecution who could
be secured to appear in the chambers
of Justice Perry of the supreme court,
from whence the writ of habeas corpus
was issued. At four O'Clock, or short
ly afterwards, the Pacific Surety Com
pany's representative surrendered
Craig to Sheriff Jarrett and the agent
was placed in custody at once. A half
hour later Attorneys Watson and Dorm
appeared with the writ, which was
served, the sheriff taking his prisoner
before the court forthwith.
After appearance, the prosecution
was given until Saturday to answer and
the hearing will be held probably some
time next week if the defense cares
to traverse the answer.
The Points Made.
The clause of the Organic Act quoted
above is only one of eight points made
in the petition for the writ of habeas
corpus which was presented to Justice
Perry yesterday afternoon. Another
clause of the same act which states that
"each law shall embrace one subject
which shall be expressed in its title,
is another clause upon which reliance il
placed by the defense
With the general claim that the Law
under which Craig was arrested is un
constitutional and void, the petition
goes into particulars, alleging amonl
other things that it constitutes an un
reasonable restriction of intercours
among the citizens of the Territory.
is also asserted to be an ex post fact
law in its operation; that it violate
the first amendment to the constitution
that il tends to create a condition o
involuntary servitude among persons O
the laboTing class here, that it is
violation of the fourteenth amendmen
to the constitution; that it denies t
persons the equal protection of the law
that ii interferes with the right of pen
sons TO move from the Territory; an
that it also violates the fifth amend
ment of the constitution.
The petition is signed by Chiekerin
and Gregory of San Francisco throug
their representative and Z. NJ Watso
ana r. W. Breekons. Craig has bee
released on a new $1,000 bond.
Report Senator Around.
japanese fishermen who returned in
power sampan from the Molokai waite
reported yesterday that they saw
large steamer off the coast of Moloki
on Monday, and in their statement the
expressed the opinion that the yess
was the Senator. The statement va
made TO various japanese yesterda
and the matter was put in the hant
Of the japanese newspapeTmen. II
fishermen describe the vessel and n
description fits the Senator very wei
Officers Of the steamship Mauna 10
which arrived yesterday morning fro
kona aud Kau ports, Hawai-, stat
that vessel WAS seen on Napoopf
while the steamer Was coming up n
eoaat aud the llghta Of the Yesa
seemed 20 indicate 4 ship of about Il
size d the senator Passengers IL
anfe 4 vas Tia mysterious Yeseel whis