Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-04-15
Dispute Maybe Solved
ByDesignating Hawaii
As military Area

A compromise involving limited
military control in Hawaii was seen
by Federal officials today as a pos
sible solution to the controversy
over martial law, declared invalid
by Federal Judge Delbert E. Metz
|ger.
This might be done by declaring
Hawaii military area" Such a
designation would allow the military
to exercise strong police powers,
particularly over communications
and ingress and egress of persons,
while simultaneously eliminating
the recurring fight on the issues of
continuance of martial law and
suspension Of the writ of habeas
corpus in the Territory.
Questioned about Judge Metzger's
decision. at press conference yes
terday, Secretary of the Navy Knox
said merely that he felt martial law
should be invoked whenever mill
tary necessity invites it," He de-
clined to comment directly on the
decision.
Some Federal officials said they
felt strongly that civil liberties in
the islands had been violated by
the long maintenance of martial
law, established after the Pearl
Harbor attack, December 7, 1941.
observation-disclosures Seen.
Although the Justice Department
technically must represent the War
Department in the current case,
high Justice Department officials
privately have expressed the opinion
that War Department control Of the
Islands. sets a pattern of high
handed" military rule.
Particularly offensive to officials
following Hawaiian developments is
continued denial of full restoration
of functions they contend constitu-
tionally belong to civilian courts,
including the right to issue writs of
habeas corpus.
Judge Metzger has ruled in a
previous habeas corpus case, and
repeated his decision in the current
case, that provost courts have no
authority to try civilian petitioners
and that the territory is not in i'm
lminent danger of invasion, thereby
making unconstitutional continued
suspension of the habeas corpus
writ.
Opposed to this view Is the con-
tention Of the War Department that
martial law and suspension of the
writ is necessary to provide ade-
quate protection to the islands.
Ruling Follows Precedented.
Judge Metzger's ruling was made
in the habeas corpus case of Lloyd
c. Duncan, 25-year- old civilian
Navy Yard worker who was SEN
fenced to six months in Jail by a
Provost Court on a charge of as
sauiting two Marine sentries.
1t followed the precedent he set
last year in another habeas corpus
case which was not appealed to a
higher court, thus leaving unset
lied the constitutionality of the
HaWan governmental situation.
mat case was closed when the
President pardoned 1t. Gen. Robert
e. Richardson, jr., commanding gen.
eral of the Army's Hawaiian de-
partment. Judge Metzger had held
Gen. Richardson in contempt of
court when he failed to produce
TWO Army-held civilian prisoners in
response to writ of habeas corpus.
Subsequently Released.
The prisoners subsequently, were
released on the mainland and off,
Gals are hopeful this action will
not be followed in Duncan's case
thus stymying' again a settlement
OF the issue.
Other possible actions in the pres
ent case are appeal to higher courts
or introduction of legislation either
10 establish military government"
IN Hawaii or to suspend the habeas
corpus writ.
Some constitutional authorities
believe only Congress has the power
TO suspend the writ.