Duncan v. Kahanamoku

The Court’s opinion, in which I join, makes clear that the military trials in these cases were unjustified by the *325martial law provisions of the Hawaiian Organic Adir. > Equally obvious, as I see it, is the fact, that these trials were forbidden by the Bill of Rights of the Constitution of the United States, which applies in both spirit and letter to Hawaii. Indeed, the unconstitutionality of the usurpation of civil power by the military is so great in this instance as to warrant this Court’s complete and outright repudiation of the action.

Abhorrence of military rule is ingrained in our form…