The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1877-07-04
Sugar Refinery Cases.
COLLECTOR SHANNON WHAT
KIND OF SUGAR Is DUrIABLE.

Washington, June 5-The Secretary of the
Treasury has addressed the following letter
TO the Collector Of Customs at San Francisco,
affirming the decision of the Collector in the
case of the California Sugar Refinery The
Company claimed that certain sugar imported
from Honolulu was entitled to free entry,
under Article of the Reciprocity Treaty be-
tween the United States and the Hawaiian
Islands. The Collector assessed the sugars
and the firm appealed to Secy. Sherman,
Treasury Department,
Washington, June 2, 1877.
To the Collector of Customs at San Fran
cisco, Cal.-Sir,-The Department has had
under consideration your report of Dec End
last, with accompanying documents, in rela-
ton to appeals of the California Sugar Re
inery, per A. G. McNulty, attorney, from your
assessment Of duty on certain 3Ss kegs of
sugar, imported per bark R. c. Wylie, from
Honolulu, Hawaiian Islands, Nov. II, 1873.
Appellants claim that the sugar in question is
entitled TO free duty under Article l of the
Reciprocity Treaty between the United States
and the Hawaiian Islands, ratified January
80, 1875, and the Act of August Is, 1876,
carrying that treaty into effect BY the terms
of that treaty and law of Congress, passed in
pursuance thereof, approved Aug. is, 1875,
Tree entry WAS dCCOTucu 10 AuSCONaQO, Drown
and all other unrefined sugar the growth and
manufacture or produce of the Hawaiian Is
lands, meaning thereby grade of sugar here
tofore commonly imported from the Hawaiian
Islands, and now known in the markets of
San Francisco and Portland, Oregon, as Sand
witch Island sugar Three questions, there
fore, are represented for consideration. First
is the sugar in question of the growth and
manufacture of the Hawaiian Islands Sec
ond-Is it unreined sugar? Third-If so. ia
it grade of sugar which was commonly i'm
ported from the Hawaiian Islands and known
in the markets of San Francisco and Portland
at the date of the adoption of the treaty as
Sandwich Island sugar? Upon the first point
it is conceded that the sugar is of the growth
and manufacture of the Ha waiian Islands. As
Ito the second point, l have to state that upon
submission of samples of these sugars TO ex-
perts of customs at some of the principal
ports there appears to be difference of opin-
ion among them as to whether the sugar can
properly be regarded as unrefned 1t appears
to be manufactured by what is known as the
centrifugal process, and during the process of
manufacture jet of water was introduced so
as to more fully clear it of It's impurities. The
rate of imported sugar is based mainly upon
its color, by the duty, and standard Sche-
dule &c of the revised statue imposes duty
of four per cent per pound on sugar above No.
20, Dutch standard, in color, and on all refined
loaf, lump, crushed, powdered and graduated
sugars. In the case of Barto, claimant of IS
hogsheads of sugar, appellant, against the
United States q Peters, p. 4ei), it was held
by the Supreme Court of the { nited States
that the term "refned sugar" is to be con-
strued as exclusively limited to such as has
assumed at some time the form Of white, re-
fined, lump or loaf sugars. Applying that
rule to the present case, it would clearly ap-
pear that the sugar in question is to be re-
garded as unre6ned within the meaning of the
treaty and Of the Act Of Congress before men
toned. Upon the third question, as to whe-
Their this grade Of sugar was at the time of the
adoption Of the treaty commonly imported into
San Francisco and Portland and there known
as Sandwich Island sugar, you report that
the Appraiser states that sugar of the grade
in question was not, prior to the adoption of
the treaty, commonly imported, although there
had been few importations Of it made into
your port prior TO the adoption of the treaty.
AS opposed to this is q statement. of twenty
| one merchants, dealers In such sugar at San
Francisco, TO the effect that the sugar In ques-
tion is of the grade commonly known and i'm
ported from the Sandwich Islands, and that
at the time of the treaty it was known in the
markets Of San Francisco and Portland as
/ Sandwich Island sugar. They fail to show,
however, that the sugar, Of as high grade as
the present, was commonly imported into San
Francisco from the Hawaiian Islands at the
time Of, or before, the adoption of the treaty
The papers IN the case were referred to the