Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-04-11
steven Held AS
EMIGRANT Agent
Minus LICENSE
Case Involving Recruiting La
borerS for California
Now in Court
HIS COUNSEL CHARGES
WARRANT NOT PROPER
Defendant, Surrendered By
Boadsmen, Goes to Sheritf's
Office and Waits

Upon his return from the mainland
in the steamer Wilhelmina this morn.
ing, o. A. Steven. charged with illegal
eEiigrant recruiting. was remanded to
the custody of Sheriff Charles II.
Rose and placed m detention pending
further Developments in case in the
circuit court in which he is defendant.
Stevens detention was brought
about by his being surrendered to the
authorities by Farm Cornn, local Chi
nose interpreter who went on his
be nd in the sum of $3.50, following the
bringing of four complaints against
Steven, charging him with acting as
an emigrant agent without a license.
Complaint against Steven was made
in documents entitled information,
signed. but not sworn to. by Deputy
City Attorney Will Garden. On the
strength CT the information" Circuit
Judge Ashford signed and caused to
be issued warrants for Stevens arrest
several weeks ago. He was then re-
leased ON bond and the case was
scheduled to go to trial in Circuit
Judge StuaIt's court at 10 o'clock this
morning.
Z he trial has been delayed by the fil-
ing in the supreme court of a writ II
habeas corpus by Stevens attorneys.
The writ questions the constitutional
ity of that section of the Revised
Laws. 1915, regarding the issuance of
q warrant. for the arrest Of q person
on fhe mere information furnished by
an officer of the law.
Illegally Detained7
II ID alleged in the writ that Steven
is uniawfully, unjustly and illegally im-
priscned and restained Of his liberty
by Sheriff Rose The writ continues,
in part:
n hat the petitioner Is not inn
by virtue of the final judgment or de
cree of any competent tribunal of civil
or criminal jurisdiction, or by virtue OF
an execution issued upon any such
Judgment or decree.
That the application for a writ of
habeas corpus for the relief sought
herein has been made to or refused by
any Judge of this or any other court
in the Territory of Hawaii.
THAT no application for a writ Of
and 3774 Of the Revised Laws OF Hs
wal of 1915, and each and all sections
laws and provisions of the said Re-
vised Laws, and each and all laws of
said territory relating to informations
so-called, in permitting or authorizing
the same to be made or filed without
cath or affirmation, are unconstitu-
ticnal and void. in this, to wit In that
the same and each are all thereof are
contrary to and in conflict with the
fourth amendment to the Constitution
of the United Staes of America
Argument on the writ was had this
morning before A. G. NJ. Robertson,
chief justice of the supreme court.
Attorney Garden appearing for the.
city and county.
Says Ashford in Error.
In the course of his argument, Attor-
ney c. H. Mcbride, one of counsel for
Steven stated in effect, that Judge
Ashford had no right to issue the war
rants for Stevens arrest, for the rea-
son that the information" furnished
by Garden was not sworn to.
And / challenge Mr.. Garden" he
added, ito state whether he has any
ether evidence in this matter aside
from that obtained from Filipinos."
1t was expected, that Mr.. Steven
would be released on other bonds this
afternoon.
On being informed that his bonds.
man bad surrendered him, Steven
went to the sheriff's office this morn.
ing and waited there while the habeas
corpus writ was being argued.