Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1881-03-05
IN THE SUPREME COURT OF THE
HAWAIIAN ISLANDS.
In Admiralty Before L. McCully, J.

In THE MATTER OF THE STEAMSHIP "SEprrMA."
ARGUMENTS COUNSEL.
Mr.. j. M. Davidson appeared for the libelant.
Mr.. A. s. Hartwell for the defendant
Mr.. Hartwell said he could not help thinking
that this proceeding WAS in Difference to a sup
posed public demand that it be brought now. It
ia pleasant at time of such excitement to have to
deal with the Court, and questions of pure law.
The authorities he had cited would be found to
substantlate every exception taken to the libel.
The extreme penalty of the law is sought. The
Government had urged the introduction of Chi
nese, and held out no ordinary inducement 10
bring them here. If the law authorized it, a rule
ought to be made that foreign physicians ought to
be appointed to each vessel bringing immigrants.
There no rules that the master should be held
responsible for any contagious disease being intro
duced into the Kingdom, unless he introduced it
clandestinely.
The libel should have been presented by the
Attorney General in person, or by his deputy. He
referred to the Act of 1866, page 16. He denied
that this purely formal matter 1t makes a
difference if a sworn officer of the Crown brings u
case or not This libel is presented in the name of
the King. The oath appended is not an official
OATH This libel states that it is the libel of H. A..
p. Carter, Attorney General in behalf of the King,
as represented by j. M. Davidson. 1t is an
anomaly, injurious well irregular. His
learned friend is not responsible for the acts of
the Hawaiian Government. still less responsible
for the acts of the King. 1t is ambiguous. 1t
should be alleged that he is the Deputy Attorney
General. Again, libel of this nature should be
presented on behalf of the Minister of Finance,
but in this his name is not used. 1t alleges
that the forfeiture is to go to the of the Ha-
waiian Government the statute makes it for the
benefit of the public treasury. That goes to show
that the Minister of Finance should order such
proceedings to be instituted. This is not of
Admiralty, by either English or American law. He
referred to section 1926 of the Civil Code. That
section does not contain any case of this nature.
In England statute exists authorizing cases for
breach of revenue laws to be tried in Admiralty.
No Court should pronounce sentence under the
law, unless the law presents the facts.
The Court cannot infer that smallpox was in
troduced clandestinely by the Septimd. 1t is the
master alone that is called upon to account for
this disease. In order To make the master guilty
of this ofense, it must be averred that he knew all
about it, man cannot conceal what he does not
know. By Worcester, the word clandestinely
means "studious concealment." To bring in
small-po or to be negligent about the sanitary
condition of vessel, is not penal offense on the
part of the master. He admitted all the law re-
| parding criminal negligence, but a malfeasance
must be proved. false statement would not be
| a basis for action at common law, unless false
| to the knowledge OF the person making the state
ment The statute requires not only failure tC
report, but the doing of something in order tc
conceal the introduction of contagious disease II
would be we'll if we had such n statute, compelling
| a master to know to ascertain what disease
| listed on board of his vessel. false assertion
cannot be made reason for the forfeiture of ship
He referred to the penalty by section 3Ol for moi
reporting the disease. If the master was put i'm
| mediately under quarantine, he had not tin OPP
portunity no to do. The Court would not imputs
|
| to possess. Take it for granted there n cas-,
of small pox ON board, absolute knowledge had t,
| be shown. What one person might have reason Il
| know another might not. There was no avermen
throughout the libel to show clandestine introduc
ton OF the disease he therefore contended that thu
| libel should be dismissed. The Court should b
| very exact in measures calling for forfeiture
When the Government set to work the machiner,
| of the law it should conform to all the require
ments of law. by Art. iii of the libel the Cour
cannot pronounce a sentence, as act is Their
alleged to be against the statute In analyzin,
the libel, he pointed out that it was not allege,
that the vessel was brought into harbor a
the request of the master. The Law
places the quarantine grounds as outside tn
reef Let us know who brought this disease int
the Kingdom before property valued at over 800
600 il forfeited. The extreme penalty of the Ia,
is sought for, and il he hurts anyone's feelings, h
was sorry for it. How could the master concea
from the health officer any disease before the yes
sci was inside the harbor this was an impertan
item. They were not there to answer ambiguou
charges, and IL the libel meant anything, it shout