The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-12-23
Honolulu, December. 1876.

IL OOLLECTOR OF the 1OEL Oh Oan FTaIclbCOp
in the Jealous and perhaps proper discharge of
his duty to his own government, has decided that
Hawaiian washed :" sugars are refined. and
therefore dutiable. lie consequently exacted a
duty Of five cents pei pound on a shipment from
the Makee Plantation, imported by the California
Refinery, of which Mr.. C. Spreckles is President.
The duty was paid under protest, and an appeal
taken to the Secretary of the Treasury. We
append herewith copies of both documents, us
received here by Messrs. ii. Hackfeld & Co.,
agents for Mr.. Spreckles, who, we are informed,
intends to carry the question before the Courts
of the United States, should the decision of the
Collector be sustained by the government at
Washington. This is the first hitch in the work
ing of the treaty, and demonstrates the impor-
lance of our having a Minister Resident at Wash
ington, for which provision was made by the
last Legislature, but for which no appointment
has yet been made.
The question now raised hinges entirely upon
the construction to be given to the wording of
the treaty, which in regard to sugar is in these
terms " Muscavado, brown, and all other unre-
fined sugar, meaning hereby the grades of sugar
heretofore commonly imported from the Hawai-
ian Islands, and now known in the markets of
San Francisco and Portland as 8 Sandwich Island
sugar" One would think that this was plain
and unequivocal enough. We make no sugar
here that, in the fair and general acceptation of
the term, can be called refined. The higher
grades, such as some of the Makee, Waikiki,
Kohala and other brands, which are simply
washed in the centrifugal, with a jet of water,
have been 90 heretofore commonly imported from
the Hawaiian Islands into California and Oregon,
and have been and are I" known in the markets
as Sandwich Island sugar In the schedule of
American goods that come in here free of duty,
occur the words, So sugar, refined or unre-
fned:" which are quite specific. 1t would APP
pear as if, in reading the treaty, the Collector of
San Francisco has fixed his eye upon the words,
~ Muscovado, brown and concludes that none
other kinds of sugar are meant, Notwithstanding
the qualifying words which Immediately follow.
We do not anticipate that the Secretary will
confirm the ruling of the Collector but IN the
event of such a decision, the determination an
nounccd by MIR. Spreckles of contesting the ques-
ton in the legal tribunals,-which will n~ecessari-
" be quite Observation-Disclosures both his conf
dence in the correctness OF his position and his
personal interest in the matter.
ICoPY OF PRoTEsT.]
SAN FRANCISCO, CAL, Nov. %, 1876.
Hon. THos. B. SHANNON,
Collector of Customs, San Francisco, Cal,
SIR,-We do hereby protest against the payment
of duties charged by you at the rate of 4 cents per
pound, and in addition thereto % per cent OF said
duties, amounting TO the sum of 81, 765, on 1888
kegs sugar, marked James Mckee sugar.
net IS, 253 pounds, imported by the Cali
Isfornia Sugar Refinery, in the Hawaiian bark X. c.
Il Wylie from Honolulu III the kingdom of Hawaii,
lENoy. II, 1876, and entered by US at this Custom
lHouse, as per entry No. 6lS7, Nov. IA, 1876.
u We claim that said sugar is entitled to be ad-
limited into all the ports of the United States free
of duty, as provided for in the schedule to article
L l. of the Convention between the United States
of America and His Majesty the King of the Ha-
January so, 1875, and the Act of Congress to carry
into effect said Convention approved August Is,
1876, and proclamation of the President of the
United States to enforce said treaty dated at Wash
ington the 9th day of September 1875, because:
Flrst.-That said sugar is the growth, production
or manufacture of the Hawaiian Islands, and was
imported directly from said Islands.
Second.-That said sugar is unrefned sugar,
meaning thereby the grades of sugar heretofore
commonly imported from the Hawaiian Islands,
and now known in the markets of San Francisco
and Portland as Sandwich Islands Sugar"
Third.-That said sugar is not the refined loaf,
lump, crushed, powdered, or granulated sugar."
the only refined sugar specially enumerated in the
Statute.
We, therefore, protest against the payment of
duty charged by you. and we pay the amount ex-
acted. not Voluntarily, but because We are COM
PEELED TO do so, in order to get possession of said
sugar, and clam TO have the whole amount so
refunded.
We are, very respectfully yours,
California Sugar Refinery,
c. SPEECHES, President.
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