The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1922-06-23
Suit For 100000
Results From Raid
Made at Waikapu
Action of Trespass in Case In
stituted by Japanese; Search
Without Warrant Grounds
For Action

Action in the form of "trespass in
the case" for damages in the sum of
100000 has been brought by Attorney
Eugene Murphy for +. Nakagawa
against Prohibition Enforcement Off
Ger Ned" Crabbe and County Officers
Joe Coelho, Huakini Enos and Thomas
Clark as an outgrowth of the raids
made by them in the Waikapu planta-
tion camp on June 15, when Nakaga-
wa and two other Japanese were ar
rested. They appeared in court the
following morning, Friday, JUNE 16
and their cases were continued one
week, until this morning. There was
fourth arrest of a Chinese and in
one instance there were three charges
lodged and in the others two charges
each of violations of the federal pro-
hibition laws 1t is asserted that the
raids were made without the prelim-
mary of search warrant issuing
Charges in Complaint
In the complaint which was filed
in the circuit court late Tuesday af-
ternoon Nakagawa alleges that on
June Is, 1922, the defendants center
ed into and upon his permises and
assaulted and detained him with force
of arms, clubs and revolver for more
than two hours and until he had paid
to them the sum of $100 to obtain his
release" and their departure from his
premises which they had entered
without warrant, authority or justifi
cation of the law"
The $100 mentioned in the COM
plant is the $100 cash bail which the
officers say Nakagawa put up to in
sure his appearance in court next
morning
Under the provisions of the law a
house used exclusively for dwelling
purposes cannot be entered without a
search warrant and to secure search
warrant there must be strong evil
dence of the law being violated with
in the premises. The contention of
the plaintiff is that his home was such
a dwelling house, and that by enter
ing it without a search warrant the
act of trespass was accomplished.
On the other hand it is the conten
tion of federal authorities that the
having on the premises of liquor for
sale or the manufacturing of liquor
in home or about home premises in
the one instance transform the nature
other into a distillery or brewery ac-
cording to what is being made, that
the selling or making of liquor puts
the law as used exclusively for dwell
ing purposes.
Crabbe States Position
Ned Crabbe went to the sheriff's
office Wednesday morning and was
served with the papers in the case.
Speaking of the suit he said that in
his actions as prohibition enforcement
officer he has been governed at all
times by the directions of the pamph
let on the law and it's provisions and
rulings on it furnished him by the de-
partment in which he is employed.
He said he acted on such directions
and instructions in the making of the
raids at Waikapu and would stand up
on them as his authority.
'If the contention of Nakagawa and
his attorney are correct" Crabbe con-
tinued, "such difficulties will be add
ed to the work as to make it practi-
cally impossible to enforce the 18th
amendment Our contention is that
where liquor is sold at house the
place is no longer used exclusively
for dwelling purposes and loses its
character as home, is no longer ex-
empted from investigation by the
search and seizure law"
Crabbe said that developments of
today, if the cases went to trial as set,
would vindicate his action and those
of the other officers.
Admittedly on the decision that will
be made in the suit just brought will
depend greatly the success or failure
of efforts made to enforce the 18th
amendment and the Volstead act.
This morning the cases of the three
Japanese taken in the raids went over
for a week in the magistrate court.
County Attorney Bevins has written to
United States Attorney Huber asking
if it will be satisfactory if the cases
be tried in the federal court.