Ex Parte Spurlock

McLaughlin, judge.

This habeas corpus proceeding differs from the Duncan and White cases (Ex parte Duncan, D.C., 66 F.Supp. 976; and Ex parte White, D.C., 66 F.Supp. 982) essentially in that:(a) It involves a period of time prior to the Battle of Midway.(b) Here the fictitious role of “Military Governor of Hawaii” is abandoned, and forsaken is the theory that the General had the judicial powers of the courts of the Territory because the Governor of Hawaii delegated them to him on December 7, 1941.

In lieu thereof, it is advanced that martial law having been declared, the General had the total…