#BADGEMILITARY MARTIAL LAW HAWAII TRIAL#
(See Exhibit A annexed to Petition.) This plea was overruled on both grounds, whereupon White in writing demanded a trial by jury. Upon this oral and only notification or specification of the charge, White entered by his attorney a written plea to the jurisdiction of the provost court, thus putting in issue both its jurisdiction of the subject matter and its jurisdiction of his person. It was orally stated to him that he was in that court on a charge of embezzlement growing out of his conduct of his business, in violation of Chapter 183 of the Revised Laws of Hawaii, 1935.
He was then, for the first time, informed of the charge. White was placed by the Marshal in the jail of the City and County of Honolulu until August 22, on which date he was brought before the Provost Court over which Major Murrell presided. White, a citizen of the United States and a civilian unconnected with the armed forces of the United States, who had been regularly engaged in the brokerage and investment business in Honolulu, was arrested by representatives of the Provost Marshal of Honolulu. On August 20, 1942, the petitioner, Harry E. Accordingly, in August 1942 General Emmons was acting with respect to the civilian population of Hawaii as "Military Governor of Hawaii." (i) Apparently upon the theory that Governor Poindexter delegated the powers described in his December 7 proclamation to the office of Commanding General, General Short transferred to General Emmons his powers as Military Governor of Hawaii on December 17, 1941, and on the same date General Emmons assued the position of Military Governor of Hawaii. D., was judge of Honolulu Provost Court No.
(h) By appropriate military orders the Military Governor appointed army officers as judges of his provost courts.
#BADGEMILITARY MARTIAL LAW HAWAII FULL#
57 modified further his grip upon the "courts *984 in the Territory." By this order it was stated that the courts were restored to their full jurisdiction "as agents of the Military Governor." On the criminal side, however, the courts could not under the order summons a grand jury on the criminal or civil side they could not grant a jury trial, or at any time grant a writ of habeas corpus. (g) On January 27, 1942, the Military Governor by General Orders No. The relaxation affected only civil matters. The relaxation was worded to include the United States District Court, though it has never been closed since its organization in 1900. 29 the complete closing of the courts because of the existence of martial law was partly relaxed. (f) On December 16, 1941, by General Orders No. (e) The courts of the Territory were closed as of December 8 by order of the military. The procedure prescribed for these military courts was that of special and summary courts-martial. 4 by which he had set up a system of military courts to try civilians for violations of the laws of the United States, the laws of the Territory, and "rules, regulations, orders, or policies" of the military authorities. (d) Likewise on December 7 the self-styled Military Governor of Hawaii issued General Orders No. Short, referring specifically to Governor Poindexter's proclamation of the same date, himself issued a proclamation notifying the people of Hawaii that he had assumed the position of "Military Governor of Hawaii" and had taken over the government of Hawaii. (c) On December 7, 1941, the Commanding General, Walter C. Not until 1943 was the text of the Governor's December 7 proclamation furnished Washington officials, and it is still doubtful if it has yet been seen by the President. The President's approval was requested and it was granted by radio on December 8, 1941. (b) By radio the Governor of Hawaii on December 7, 1941, notified the President of the United States simply that he had placed the Territory under martial law and suspended the writ. Poindexter, invoked Section 67 of the Hawaiian Organic Act and by proclamation placed the Territory under martial law suspended the privilege of the writ of habeas corpus and delegated to the Commanding General of the Hawaiian Department of the United States Army not only all of his powers as Governor but also all of the "powers normally exercised by judicial officers * * * of this territory * * *" "* * * during the present emergency and until the danger of invasion is removed." (a) On the afternoon of December 7, 1941, the Governor of Hawaii, J. In this habeas corpus proceeding the pertinent facts are as follows: Army, Provost Marshal, Central Pacific Area. Slattery, Office of the Military Governor, of Honolulu, T. Hughes, Jr., Judge Advocate General's Department, both of Washington, D.
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