> Robertson Susta; 
Demurrer to Suit 
Thousand Dollars 
Judge Robertson on Saturday renu- U p( 
ered a decision sustaining the de-J f ro 
murrer of Max Schlemmer to the suit ; 
for $1600 brought against him by the ^ 
tJnited: States for unlawful importation T j v 
of a contract laborer. P e< 
The sustaining of the demurrer, how- fa( 
ovp.r dnpa not mean that the suit will 
The ground on whieh the tlemiirrer 
was sustained was that the petition 
failed to show that the Japanese 
brought into American Territory was 
not a domestic servant, v Of course, ev- , 
erybody, including the judge, knows 
well enough that Max Schlemmer didl 
Uot import domestic servants to Laysan 
Island to kill birds, but just there lies 
the difference between law and com¬ 
mon sense. Things must be just so in 
law, no matter what the common sense 
view of the matter. 
'The only difference made by the sus* 
taining of the demurrer is that ©reck¬ 
ons will have to amend the complaint 
so as to specify that the Japanese 
brought to Laysan to kill birds was 
not a domestic servant. This will take 
a little time and drag out the proceed¬ 
ings some, but otherwise the case re¬ 
mains just where it was. 
If the government wins this case, 
twenty-two other cases of a similar 
nature, covering the importation of the 
twenty-two o'ther Japanese servants ot 
Schlemmer, will probably be institute!. 
In sustaining the demurrer yesterday 
Judge Robertson said: “The demurrex 
is sustained on the first ground, namely 
that the petition does not state a cause 
of action in that it does not negative 
the 
L be 
ions 
and 
iza- 
\ the 
will 
fead 
Inly 
i?OTTR STEAMERS 
ccjpiy 
THB PACIFIC 
COMMERCIAL ADVERTISER, HONOLULU, THURSDAY, AFSl1, _ 
* 
Holds It Is Not Unlawful to 
Bring In Aliens Through 
Foreign Agents. 
*< It is no offense and is not unlawful 
to bring aliens by vessel-and land them 
within the United States of America 
through and by means of others. 
The above is one of the grounds upon 
which Judge Robertson of the United 
States district court yesterday alter 
noon sustained the demurrer of Max 
Schlemmer to two indictments aga 
him returned by the S™ nd T J a ^ an d 
count of his part in the Laysan ana 
Lysianski islands bird poaching busi¬ 
ness in other words, apparently a citi 
zen ‘of the United States may employ 
a Japanese vessel and Japanese agents 
to smuggle Japanese contract labore 
into the United States, and i . 
be shown that the smugg .ng was don^ 
difgetly by leieig m» !J! tbe sfflP.ef - 
the citizen the citizen 8°^ f * ee ' 
’That t°" •■ig.VK 
brought in the aliens through other par- 
tie Thft the indictment attempts to 
charge nineteen separate and distinct 
offenses in one count. . 
That it does not appear Mhat Said 
aliens were not lawfully m the United 
States or not entitled to enter t 
^Tfew^days ago Judge Robertson sus¬ 
tained another Schlemmer demurrer on 
the ground that it had not been shown 
tv the complaint that Schlemmer did 
St Wag S.. twanty-a,.. Jap.«» 
captured on Laysan and Lysianski is 
lari (is as domestic servants. 
Judge Robertson yesterday reserved 
his decision on the demurrer to t be in¬ 
dictment charging SehlemmeL with 
poaching on the United States bird 
reservation 
$ 
