In re Okkots ex rel. Matsuji

Opinion of the Court, by

Frear, J.

Application was made to the Circuit Judge of the Fifth Circuit by K. Okkots, Inspector of Japanese Immigrants, for a writ of habeas corpus on behalf of Takeshita Matsuji, a contract laborer, who was alleged to be imprisoned upon default of payment of a fine illegally imposed on him by the district magistrate of Waimea, Kauai, for willfully absenting himself from service. The alleged illegality consists in this, that the sentence, which is for a first offense, imposes a fine of the amount prescribed by the statute for a second offense. The *403Circuit Judge refused…