The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-02-16

me nam issue = unquestionably the same il
both, and all this talk about unc5Isrirutionalify
i pure aieurlity. The position Of the Minisrr!
may r stated thus
lst. The Government has the right 70 erac
that tie auction business Tor the practice Of law.
may - restricted % Hawaiian subjects. even
though il operate u the prejudice Of aliens resi
dent here.
The above VIII. no doubt. = considered a. JUS,
b al Unpr.judiced pers9ns; and il -, then By
parity Of reasoning, the following mus; also be
granted
p. Il has the right 70 confne the traffic in
ardent spirits % foreigners only.
The question Is y whether This Government
has. in IT. treaty with Great Britain. ceiei %
much - her that it cannot enforce is enacrnents
when applied u British subjects, ! quite an
other a6air, and forms at. important subject for
diplomatic discussion and arbitration: and iudy-
ing from the view taken Of il by the acting
representative Of Great Britain. in his let
Ter Of Feb. : 10 Mr.. willie. that Government,
can assume 4 strong position on this question Of
privilege. Tie whole letter, az published By u
last week, i an admirable diplomatic production,
rejecting credit on its author. \ vein Of the
keenest sarcasm and irony peryades It, carrying
Z power which more than d-mOlishes the
wOrdy documents u which il was d reply. We
quote here that portion Of II which relates u the
question wheth-r the auction law conflicts with
the British Treaty
] have carefully considered your E1ceIlency's views
On the subject Of the Interpretation Of the wording of
the second article Of the British treaty as bearing on
the claim Of a British subject :Cr al auctouee='s Il
ceuse, a. well a. those Of the Minister Of Finance On
the ssme subject, and the explanation Of the latter
with regard 20 Mr.. WAREHOUSES; application.
I'll - .. ~aHH $50
! cannot but conceive to be Il miycoustructou both on
the part q your E1ce!ency and Of the Minister O.:
Finance Of the paragraph IL the md article OF the
British treaty, quoted IL my last dispatch - bearing
On this question.
The She s=r.=uoe stands taa--Theyr tia, 4. -.h= sah5-e.s
side in any par q The szd t-rritori=s respectively and hire ana
Copy houses AID v@r-houses' aud may trade - wholesale O
r-i@i ~ al sinds q prod1ee msrlfaet1re- and merchaud--o -
l4~t-l commerce. s1.1yiug TIE sane exemptions and PRIVILEGES
t4oE-leI customs a. naive ~sgt!-ct--" A. I uu1er.-alI Ills
sentence tie Sor1s -e2lgying iAe sane eN=lllaous and pry-
preceding clause commencing. and may trade - wholesale q
retail" Tut quite a. much - the as, claus c-1a.eraa- -t5ey
nay remain and reside &c. Gr your ENc-I=acy vii observe
IL tie orsuai tr Al i--s-as PRINTED u la- CrA C.IeJ TIA:
hsis : ts sane s-Iara,oH - q s~Ilr'ion t~'Ssen the see1ld
s-- third ela-z-s a. -a=re IS t-;~e=l The Erst All =sc5ui, uus
giving TIE vonls ~=UIy-lg the sane exemptions and privileges
eaIr1c.l. a: ne .are en- ~ .e ~ 49,. srJ r-taT = -
the d-s-ns.-gn -t-.Ie Nv EL1Is.sIe - r-,sTS e1rTIel. ne
business q an auctoneer o. sh~taer il Go-- nU. tie uarasraah
in my humble Judgment pFesetves tie same force - D=aras
The Minister Of Fiaanoe asks Il Mr. Wa;-raouse you'd main
tam the right % own and sail merchant vests under the Ha-
t@raatcaaI Law - affecting merchant vessels j. almost a codeo;
ce.e - vtTt aT-[ul-5t ca99.I --Ba7,lf1-5 ITa rr-.ai--s-i-1
q tai- sind ForH IL be claimed that the business Of az @Uc-
cipr j. admitted in the case u Hawaiian .hips, what = to pre-
vent the sane Ilne-Pie being stu further carried out- 50 as to
O any Oh IN 'ther numerous businesses ami professions which
ais csuno; BE- brought under tie designation, 20 strongly iusis-
or retail "a view Of the question which I cannot suvIs--
your ESseu-ncy would sustain. IeadIar as f: doe. 20 a resd1iiS %
should have been glad if your Excelsency had been able TO
sta;= sAe.h,r there Va any British I4x which you'd p1stert
a. alien from obtaining a license in England as an auctgueer,
a. should tis b. the case, Z which Iauin sIDe d,ubt, It, would
subject That during your ENe-l=acy'- resiI=ue= il London
Iy conceive, As 1t ! lot q business in which a foreigner would
y Ik-ly 70 comi=t- s1ec@s;G4.y viii a native 4 The country
qraIifca,I6n. il would have ben d.EcCl, fgr yoar ExcsIeacy to
recognize them as foreigners.
come ra,asr a subject fr mutual coE=ilera,ioa and se;,lemeat
On general principles tLau as = ground for any specific claim,
ice Of Her britannia Majesty's Government.
1t is quite unnecessary that we should notice
at any length the apology made by or for the
Of Finance in the last P0lyaesian. Our
arguments are neither disproved nor in any de-
gree weakened by anything there brought for
ward. The force Of our statements have been
acknowledged by those who have bestowed the
most thought on the subjectsof the assessment
grievances. That the Minister Of Finance did
choose ''to step in" where the law not only
authorized him 10, int nqde 1t HIS Duty TO. only
proves what we ADVANCED want Of official ca
pacity. The cficial organ acknowledges that the
knew his duty, but not having the reso-
.ution to provide for the exigencics OF the case, or
aupply any Deficiencies that the law had overlook
d. but which it had empowered him to supply,
oddly asserts that the Minister wisely resolved
rot 70 be caught executing the trust confded to
lin. He made a few ''rules and regulations
which the veriest tryo in finance might have done,
,ut which do not cover the whole ground. He
lad il in his power to create a board Of referees,
II institute some similar mode of appeal, on each
,land, as is done in other countries. with full t
,ower equitably 10 settle all assessment errors or
on some plain principles Of justice and
putty. |
But the Minister forgot that taxpayers cannot &
ford TO contend with him in courts Of justice" L
hat the poor have not the privilege Of an attor- a
ey provided gratis for their benefit from the :
ublic funds, and that the only practicable mode
f redress for them was some inexpensive appeal
hitch he had it in his power to provide, and
-hich We distinctly say, the law made it his duty :.
, provide. The Minister omitted all this-a -
important part of his duty-and for this re :,
.i>sness Of duty, the unanimous voice Of the ma y
On will condemn him. The poor have rights,
nd they should be respected. The rights Of a T
cor kanaka who pays his real estate tax Of g
ne dollar, or Of a daily laborer, who paws his
) tax, both Of which may feel agsrieved by the =.
.gh. and perhaps unjust. assessment made by the :
cents Of the government. are a. sacred as those "
the Kings Ministers, who publicly announce a
determination TO compel them to resort to ex- n
,nsiye courts Of Justice as their only appeal te
hereby their grievances may be heard and right in
J.. 1t Is here that the Minister has made great tn
ID we fear a fatal mistake in his administration. co
M II l. har.in that the whnla rnLlic cninc,dn Io.