The Hawaiian gazette., 1870-03-02

Us. 1Z,0tf DdSo VI SuS"i, NO
San Francisco by the steamer Idaho, in
September 1868, and seized because 1885
bags of it had been mixed with carbon,
for the purpose of rendering it unmer-
charitable as grocery sugar, and reducing
it below No. IL, Dutch Standard, in color,
with the expectation that it would pass
the Custom-House at San Francisco at the
lowest rate of duties 1t can not be claim
ed that the opinion of one Judge, on any
matter, is infalible, however eminent that
Judge may be, and however weighty his
opinion may be in consequence of his po-
sition. No one is bound to waive his own
opinions on account of judicial dictum,
however much it may be, as it certainly
is, the duty of good citizens to bow to a
conscientious decision, when rendered by
a Court of last appeal. We publish this
decision now, though we have not
thought it worth while to do so before
in hope that our fellow citizens will read
it carefully, and that they will see there
is no reason for sneering at one, and de
signaling him as a person of charcoal
notoriety" because, before the decision
was given, he may have ventured to ex-
press an opinion that the act was justi6a-
BILE under the law of the United States,
and defensible as moral proposition.
The defendants have taken their appeal
to the Supreme Court at Washington, and
it will probably be heard there. 1t GER
tainly-most certainly would have been
so, had Mr.. Gordon lived; and it may yet
happen that those who build their ideas
of moral fitness, as well as legal propriety,
upon the views of others more eminent in
position than themselves, may have occa-
sion to forget their sneers, and to remark:
eve have always thought that the act
was defensible." 1t may, on the other
hand, happen that the Judgment will be
confirmed, and that these worthy syco-
plants of provided that the power
be exercised in another country than that
which has the misfortune to shelter them
at present-may have an opportunity of
saying: " Behold how wise we were; we
always knew so; we always said 500
Whenever immense duties are levied on
any article, and more especially upon an
article of prime necessity, there viii al
ways be an exercise of ingenuity to avoid
the payment of such excessive duty. But
this was not the case in the matter of these
sugars. 1t was an attempt to reduce
grade of sugar that is known as Grocery"
grade, below that grade, to render it unit
for commerce, and bring it down to " Re
fnery" grade, which the law favored to
the amount of half cent per pound. We
do not intend to enter into any discussion
about this matter-our readers and pa
irons may be sure of that. We have hith-
erto published some letters on the subject,
and if requested, may do so again, when
soever the subject may appear to interest
our fellow citizens, or whenever we think
it NAV be instructive or advantageous to
their material interests This was an ac-
ton between the United States and one
of their own citizens, who made no con-
cealment, but came into Court, avowing
and justifying the act--having entered into
the enterprise under advice of most emf
nent counsel But it may be well to say
how it happened that the device of mixing
carbon with the sugar was resorted to.
1t had been usual, before, to mix light
sugar with darker one, to bring down
the whole color below No. p. This no
one ever doubted to be perfectly legiti-
mate; but it was found that the darker
sugars, which generally were second or
third crystals, melted (deliquescence, as it
it is termed the lighter, or first crystals,
so that there was loss of weight. For
this reason, it was thought necessary to
resort to some other expedient, and mas
much as it was believed that the color,
(No. l2,) was put at a lower duty, simply,
for the purpose of protection to Refiners,
Mr. Gordon did not believe that the adj
mixture of charcoal-which could only be
taken out by refining, and which reduced
the sugar to refinery sugar-could be con-
strued into any fraud on the revenues of
the United States, more especially as he
was not required to state the color in his
invoices, but is always left to the iudg-
ment of the Appraisers. See charge of
the Judge, as follows:
q 1t is argued, with the ingenuity which has char
aeterEed counsel throughout the whole case, that the
suppression concealmens of any fact which the law
does not call upon him to disclose is not wrongful and
that nasmuch in this it not requisite that
in the entry the invoice the color of the goods
should be stated, the suppression coneeanent Of
the true color could not be offense. 1t is true
gentlemen that the color Of the sugars not required
to be stated in the invoice"
Moreover, the mixing of carbon was
very apparent, it not only not requiring
astuteness to discover it, but the greatest
stupidity not to discover it. There were
only 1886 bags ont of the whole 1891
being less than onefourth of them, and
all the bags containing the mixed sugars
were marked with particular mark Mr..