Haw. Rev. Stat. § 67
That the governor shall be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known.
Referred to in 16 Hawai'i. 266; 1 U.S.D.C. Haw 95; Cf. Const. of 1894, Art. 31. See 10 H. 29, questioned 327 U.S. 319, on martial law. Privilege of writ of habeas corpus was suspended and Territory placed under martial law on the afternoon of December 7, 1941. Proclamation of martial law modified September 2, 1942 and February 8,1943. Martial law terminated and privilege of writ restored by Presidential Proclamation 2627, October 18, 1944, effective October 24, 1944, 9 F.R. 12831, and Governor's proclamation of October 24, 1944. For military powers thereafter see Executive Order 9489, October 18, 1944, effective October 24, 1944, 9 F.R. 12831. See 30 Cal. L.R. 371; 55 Harv. L.R. 1253; 17 Journ. of State Bar of Calif. 185, 199; 30 Cal. L.R. 599; 29 A.B.A. Journ. 698; 31 Cal. L.R. 477; 44 Colum. L.R. 639; Executive Order 8987, 6 F.R. 6675.
A person detained by the military authorities in Hawaii, after an inquiry into his loyalty, held not entitled to writ of habeas corpus after the proclamation of December 7, 1941: 132 F.2d 442, cert. den. 319 U.S. 744 (moot). See also Application of Walter Glockner, U.S.D.C. Haw., H.C. No. 295 (moot); Application of Erwin R. Seifert, U.S.D.C. Haw., H.C. No. 296 (moot). Persons convicted in provost courts after proclamation of December 7, 1941 and before Proclamation No. 2627 held not entitled to writ of habeas corpus: Application of Lloyd C. Duncan, C.C.A. 9th, November 1, 1941, rev'g U.S.D.C. Haw., H.C. No. 298; Application of Harry E. White, C.C.A. 9th, November 1, 1941, rev'g U.S.D.C. Haw., H.C. No. 300; Application of Fred Spurlock, C.C.A. 9th, November 6, 1944, rev'g U.S.D.C. Haw., H.C. No. 301; as to foregoing three cases see proceedings on petitions for certiorari; see 327 U.S. 304, rev'g 146 F.2d 576, 652.
See as to military commissions, 317 U.S. 1; trial under 56 Stat 173 for violation of military order (curfew), 320 U.S. 81.
HRS § 67
Law Journals and Reviews
Bayonets In Paradise: A Half-Century Retrospect on Martial Law in Hawai'i, 1941-1946. 19 UH L. Rev. 477.
Internal Security, the "Japanese Problem," and the Kibei in World War II Hawai'i. 35 UH L. Rev. 415 (2013).