The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-03-05

quote the very important part WHICH VIC h''
italicized
alt is argued, with the ingenuity which has characterized
counsel throughout the whole case, that the suppression or
concealment Of any fact which the law does not Call upon HIN
n was not reguisite ,bat in the entry or the invoice the color
Of the goods shall be stated, the suppression or concealInent OF
that the color Of the sugars is not required TO be stated IN the
invoice, 6"t from The nature Of the oath tint as rsga,dsd 10 20
imposing so searchIng IA oath that there should be disclosed
lshether Tegsired 10 be Stated in The entry or inDOiee or
not. uhieh az Was important TO the interest Of me Tersmne
nSight he aeGanded. Had il been intended that the import.
satry reIe true, he oath rro1d hare been 70 that e1tet
and nothing more. Bur II goes turhd. me lntpoItes
DSice and 6iH Of GadinS Gy me receired Of the goods, etc
that the entry now detTeTed By me contains a Just and
true account Of said goods, etc. according 10 said HOOcs
and BIZ Of iadinG, aud that nothing has 1een, on my pat
nos 10 my hno.isags on ne pGTt Of T1 agg os XIX gf nSs be De
etc. IL appears TO me that uhsH that oath ras required Oy
Congress IL was Intended to eOpsT just such a tTG"'aet'0"
The Gazette writer may now say: Well, what
is a Custom House oath anyway? And here
argument would of necessity stop. The above Is
not the only instance where garbling has been
resorted to in order to hide the truth, and there
by mislead the reader as to the real facts, as any
close reader of the charge of Judge Holman can
ascertain for himself. The whole article IN the
Gazette is a tissue of inconsistencies. at which,
however, we are not surprised, for one cannot
consistently make wrong appear right. When 1t
suits the Gazette writer's purpose Judge Holman
is STYLED :. learned and 80 distinguished, " and
after his remarks upon the character OF MIR.
Gordon we are told, 50 surely one must have great
confidence in his own legal and moral discern
ment, or 4 great want of modesty, who will VEN
ture, after n veteran Judge has thus spoken, from
his Judgment seat, to sheer at another gentleman
to whom each of the qualities attributed by the
Judge to Mr.. Gordon will apply, to a by no
means inconsiderable degree, as one of charcoal
notoriety' because he has taken a similar view"
But when speaking of Judge Hoffman's opinion
as given in the charge to the jury in which the
Judge says the importer : : has been guilty of q
false appliance and fraudulent practice, then the
Gazette writer says sit cannot be claimed that
the opinion of one Judge, on any matter is infal-
lible, however eminent that Judge may be-"
The whole gist of this charcoal transaction is
ably illustrated by the following remarks taken
from the Judges charge:
zone other observation will l think expose the true nature
citizens to the Government are less solemn or less imperative
than those Of one citizen 10 another. Suppose, gentlemen,
that a contract had been made and The money paid down, by
which one of you agreed 10 deliver sugar above No. II Dutch
3ulAT IN Color, ana suppose tldt as mas Dccu proved mere,
il were possible 10 imlart TO sugar OF a dark hue a lighter
appearance by putting into it G psum or chalk, or some other
cOoring matter, your contract in the case supposed would Qike
the obligation of the importer TO pay so much 10 the Govern
ment, in case his goods are above No. IL Dutch standard) be
10 give to the purchaser sugar above No. II Dutch standard in
color. In both cases the same mode OF Classification is referred
to. In 10 n cases the same phrase is used to indicate the kind
of sugar that is the subject matter Of the obligation. The
obligation IS in the one case 10 pay the duty specified in the
Act, if the sugar is of a certain color in the other, to deliver
for a price already paid, sugar of a certain specified color.
Would you conceive yourselves at liberty to take sugars of No.
9 in color, and put into them gypsum or chalk, and tender
them 10 the party with whom you had contracted as sugars
above No. I2? Would you expect him to listen to you, if you
should say i contract TO give you sugar above No. IL
Dutch standard in color but what is the Dutch standard Of
color! YOu can only know by looking at it through a glass
sugar | offer with sugar above No. IL Dutch standard, and if
the colors are the same 1 claim the right TO tender il, nOtwith-
standing il is in fact No. o sugar, and L have used chalk or
gypsum TO make il appear of a lighter color" Can any man
mistake as to the prOpriety Of such q coursel 1t appears TO
me that there is no difference between the two cases, and the
device by which a seller would give a false appearance of
ightness is Of the same character, and must have the same
legal effect as the device by which the importer would give 10
these sugars a false appearance of darkness.
III that view be correct, then gentlemen, in this case the
importer, consignee, or agent, has mixed charcoal with these
sugars in order to disguise the true color, and make them
appear 10 be below No. IL Dutch standard in color, when in
point Ct fact they were above No. IL in color, with intent to
pass them at the Custom House u sugar Of the lower grade,
and if he has suppressed and concealed from the officers OF the
Customs the fact that he has tempered with and sought TO
disguise the color of his goods, then in my judgment he has
the meaning Of the statute. and must abide the consequences
which the law imposes"
If, after reading this statement, any person has
doubts as to the dishonesty of the adulteratiOn
and Of all who had any connection with it, we
can only say with Shakespeare,