The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-01-01
THE PACIFIC
Commercial Advertiser.
JANUARY l
The ..CharcoaI" SUGAR Case.

SATURDAY, JANUARY J..
The "CharcOaI| sugar Case.
BY late advices from San Francisco we have
news of the trial of this somewhat celebrated
case, resulting in a verdict in favor of the United
States Government. The Bulletin gives the fol-
lowing report of the case
The Great Sugar CnSe Decided.
VERDICT FOR PLAINFIFF-$124 900 WORTH OF PROP
ERTY FORFEITED To THE GOVERNMENT.
The trial of the case of the United States Us. II, BAT
bags of sugar, which has engaged the attention of the
United States District Court six or seven days, ter
minated last evening by q verdict for plaintiff. The
case is one of great importance-not only on account
of the amount of property at stake but in conse-
quence of the principles involved. About one year
ago the San Francisco Sugar Refinery, i'll importing
sugar from the Sandwich Islands, decided to reduce
the grade of sugar by mixing it with charcoal and
thereby reduce the duty collected on it by Govern
ment. On the arrival of the shipment at this port it
was seized by the C~ustom-house officers. As The
quantity was large and the value about $124, 900,
the case has been ably contested in Court. Last
evening, on the completion of the argument of the
attorneys Judge Holman, after stating the law in
the cose, instructed the jury to return a verdict for
plaintiff. The jury retired, and returned n verdict
in accordance with the instructions of the Court.
The case will, of course, be carried to the Supreme
Court of the United States. Ii the present decision
is sustained the confscated properly will be sold and
the proceeds be divided between the Government, the
Collector of the Port, Naval Officer. and Surveyor of
the Port.
As the question involved is one that has pro-
voked much discussion and strong feeling in our
usually quiet and harmonious community, and as
its decision by legal authority makes public CON-
ment entirely proper, we propose to review ONE
of the positions taken both here and in San
Francisco in favor of the Refinery Company and
against the Government in whose interest the
seizure was made.
The fact that the then Vice Consul of the
United States, having obtained knowledge Of
what he believed to be an attempt to defraud the
revenue of his country, went to San Francisco in
August, 1868, and caused the seizure of the
cargo of the steamer Idaho is well known. 1t will
also be well remembered what excitement was
caused in certain circles when, upon the return
of the Idaho, the seizure was announced. Loud
and defiant were the boasts Of those : in the
ring, % and the haste with which one of our able
and ever ready newspaper writer's rushed into
print in the defense or his neighbors and the
: refinery interest geaerally. shows that not
always docs wisdom come with years. The Re
i ns .. GsW.I2gy ana their friends spurned the
of dishonesty, and their head centre, Mr.. Go3.
Gordon, took the bold stand, : We deem our
right indisputable to do what Ne please in Homo
lulu - and published q card in the San Francisco
papers upon which alone the prosecution might
have rested their case.
1t was not denied that a foreign substance had
been mixed with the sugars in question, by the
Honolulu agents of the Refinery, for the purpose
of passing the same through the Custom House
at a lo,Uer rate Of duly than They pcOuld otherwise
hare been appraised at, and their voluble cham
pion gave it as his opinion that in this there was
nothing : morally or legally aorong,'' inasmuch
as q man may 90 ,0dter his tohiSkey' as much as
he pleases before importing it into the United
States. He needed u pair of diSintereSted specta-
cles to show him that in one case the quantity
was increased as the quality was degraded, while
in the other the simple addition of a few pounds
Of powdered charcoal to a ton of sugar entirely
changed the color without proportionately in
creasing the bulk.
Mr.. Gordon, however, took the higher ground
that Sc it rs the duty of the Custom House aP-
praisers to examine all sugars imported, and to
declare the grade and assess the duty" and as a
matter of course if anything suspicious tOas found
must apologize to the importer for causing the
trouble of an explanation. Carrying this idea
into effect, where is the sense of having a law to
punish attempts to defraud the revenue? No
one knew better than Mr.. Gordon, Though we
give his Honolulu friend credit for equal sagacity,)
that it was neither customary nor possible for
the appraiser to Sc examine - every bag and key
of sugar imported into San Francisco, and that
to even subject samples to analysis would require
a larger force than any Custom House has ever
been supplied with. Color is the representative
of quality and the Secretary of the Treasury is
charged with the duty of keeping the different
appraisers supplied with color samples appro-
pirate to their various localities. Ar attempt to
deceive the appraiser at San Francisco by de-
grading the color without proportionately in
creasing the bulk, was the cause of the seizure
of the Idaho's cargo. That the intent ,cas to
deceire, is shown by the deposition Of a former
employee of the Company, in which he states
that, while in such employ, 81 made the expert
ment of mi1ing bone black with No. l sugar to
reduce the grade, in the presence of Mr.. Feuer-
stein, their agent. but he decided at that time
that such mode of adulteration would not answer
as IL trOuld be discovered BY the Collector Of Cas-
IONS at San Francisco , and that the method
adopted under the agency of Messrs- Hackfeld &
Co. was the same, save that vegetable charcoal
was used instead of bone black.
= Here then rested the case, the question being
one to he decided by proper legal authority, and
any attempt 70 forestan pnhhe opinion or . afge