Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-08-31
JURISDICTION
NATTER TO BE
SETTLED SEPT. 9
CONTINUED from page one)

able settlement of the question o
jurisdiction was set following an opeI
conference in the district court room
before Judge Dole, following the is
suance OF an order by the fedora
jurist which set forth his opinion a:
being that the question should be set
tied prior to the commencement In
the federal court of the trial of the
district attorney. Present at the con
ference besides Judge Dole were J
w. Cuthbert, city and county attor
ney; Attorneys J. A. MagOon, Joseph
Lightfoot and A. s. Humphreys, coun
sci for McCarn; Alexander Lindsay
Jr., special assistant to the attorney
general. and NJ. A. Thomas, in charge
OF the local district attorneys office
until the disposition Of the indict
/ ments against MCCarn.
! At the commencement Of the con
| ference the following order was read
| by Judge Dole:
AS the probable presiding judge in
the case of the United States VS.. Jeff
! McCarn, set for trial in this court on
/ Monday, September Ia, 1914, | desire
: to say to you that | entertain some
doubts as to the jurisdiction of this
court to try the said case, especially
referring to Section 272 of the Penal
Code, paragraph 3. 49,
1T is, without doubt, better to have
this question disposed of before the
day set for the trial, rather than to
have it arise after the trial, when, in
the case Of a conviction, a finding
that the court was without jurisdic-
ton would result in the unfortunate
PENDANT without the satisfaction, on
his part and on the part of, the United
States, of disposal of the case on its
merits.
THE court, therefore, desires the
assistance of counsel on both sides of
the case in the solution of this ques-
ton, and deems il proper that J. w.
Cathcart, attorney for the city and
county of Honolulu, be invited to ap-
pear in such discussion, in view of the
fact that similar indictment against
the same defendant, antedating the
proceedings here, is now pending in
the first circuit court of the territory
of Hawaii.
THE court will consider this ques-
ton on its own motion, and will set
an early day for it's discussion by such
of it's counsel mentioned as shall be
able to take part" -.
In explaining the status of the Nc
earn case now before the territorial
court, Attorney Cathcart said that it
is now in a rather peculiar state. The
trial of the case, he said, has been
set for September of this year and,
although the case in the federal court
has been set for trial September 3.
the territorial court has not as yet
taken any action toward continu-
ance Further, he stated that the or
der to try the case in the territorial
court September 8 stands revoked.
A suggestion that the question of
Jurisdiction be settled prior to the re-
turn of Mr.. McCarn met with strenu-
Gus objection from the district attor-
ney's counsel on the ground that 1t
is McCarn's right to be present at all
having to do with the
CdOS dSolu0t Juu6C DOtOs
though he remarked that he could see
no value of Mr.. McCarn's presence,
set the date CT the hearing for the
morning after the day of the return
from the mainland of the district at
torney. .--
Early this afternoon City and Coun.
ty Attorney Cathcart filed in the Office
of the clerk of the federal court the
following supplementary suggestions
for record: ...... I'LL. x .., E
Comes now John W. Cathcart, city
and county attorney of the city and
county of Honolulu, Territory of Ha- !,
vail, and on behalf of the said Terri
.ory of Hawaii further respectfully
suggests to the court as additional
and supplementary matters of record
N the above entitled action:
a. That subsequent to the filing :
If the suggestions for record in this I
court, the said case of the .
Territory of Hawaii v. JEFF McCarn,
stated and set forth in said sugges- /
ions for record, was duly set down z
n the circuit court of the first judi
.ial circuit, Territory of Hawaii, for
rial on the Sth day of September,
914.
"2. That the distrit curt of the
United States in and for the district
md Territory of Hawaii has not juris-
fiction of the above entitled cause,
or the reason that the offense eharg-
d against the said defendant, JEFF c.
dcCarn, did not take place and was
lot committed within or on any lands
eserVed or acquired for the exclusive
Use of the United States, and under
he exclusive jurisdiction or otherwise,
% as to give jurisdiction to the courts :
# the United States . Is