The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-04-21

another, meaning actionable wrongs
to individuals as distinguished from
wrongs to the public which come
under the head of crimes, or else
under the class of wrongs which
affect the public generally, like
knowingly selling goods with false
weights or measures, or false stamps.
The second count cannot hold un-
less it is n criminal offence under
the statutes to cheat the Hawaiian
Government. The statute itself
says that "to cheat another by
means of false tokens or pretences"
(sec. l, Ch. % p. C.), may be the
object of conspiracy ,and that "who
ever shall designedly, by any false
pretencc, and with intent 10 defraud
obtain from another any money,
goods or other thing of value, is
guilty of gross cheat"
1t is material to notice the clear
line of distinction between a COM
mon law conspiracy, which may
consist in an agreement to do law
full act by unlawful means, or an
unlawful or immoral act by lawful
means; it's earliest meaning was, TO
carry on legal proceedings in a veX-
atious or improper way, 80 Edw. l
(1304), St. Hist. Or. Law, 22S,
and the statutory definition which
narrows the common Law definition
materially. Conspiracies in restraint
of trade, for instance although un-
doubtedly injurious to "another"
or "others" or to the "public gen
erally," elsewhere require special
statute making such combination
unlawful. 3 Stephen, p. 203, 207,
Com. vs.. Hart. II Cush.
1t is not common law offence to
cheat or defraud, or obtain money
or goods on false representation, and
q conspiracy to do such acts, if in
dictable at common law, would not
be indictable under our statutes. }
st. 250 L. S. VS.. Gordon, % Fed.
Rep. PSI.
1t is necessary to aver that some
officer OF the Government was mis-.
led or deceived by false representa-
tion whereby the Government was
defrauded of duties. The Govern
ment itself is incapable of being de-
ceiyed by false representations. The
'public," or societies, communities,
assemblies, inhabitants OF district
or neighborhood, or persons, known
or unknown, may actually be de-
ceivcd, imposed upon and defraud-
ed, as by false labels on goods sold.
A corporation by u fiction Of law
only, may be civilly liable for the
torts Of its agents, but not Grimm
ally. & corporation cannot itself
"commit q crime involving malice
or the wicked intention OF the Of
fender" NIorawetz Sec. "a.
(3) The third count charging a
conspiracy to do what is obviously
and directly wrongfully injurious to
another,' is open to the same OBJ
jections above named, as fas as call
ing the Hawaiian Government "an-
other" to be injured in its right
The words to deprive and debar the
the Government OF revenue" impl,
no criminal offence. 1t may be dom
with perfect right and innocence, a.
for instance, if done without violat
ing any statute, (and none i
here alleged), or with no intent t,
"deprive" or "debar," and unde
some circumstances, even such in
tent would not make such act
: crime. This last clause is surplus
) age and verbiage. Moreover i
; omits to state acts constituting il
law a criminal offence. How cal
the Court say that there has beel
| any criminal act upon the matte
charged in this count.
} (4) The third count is bad, as i
undertakes to make out that non
payment of duties Oh dutiable good
is the offence intended in the Ac
of 1856, amending and as its It'll
. shows, supplementary to Articl
26, Chapter 9 of the Civil Code,
r which article Is entitled, ''of SNUG
Cling and other frands against tn
G Revenue Laws" The expresse,
{ object OF that article, and amend
: ment is TO prevent smuggling con
: traband goods, like opium or dutia
ble goods from vessels, by "carry
Y ing, removing, etc., any dutiabl
: goods upon which no duties hav
| been paid
r The statutory proceedings for vic
: lating the provisions of that articl
S and amendatory act are prescribe,
+ in Sections 66G, 679, G6l, 6S2 e
: Seq. OF tee Civil Code, to which pro
j, ceedings the limitation Of six month
e from discovery applies, Sec. GS1
: and such remedy is exclusive.
: There is an abundance of ''t
\ wits" in the indictment, some @
Y them with no apparent object, bu
I, there is studious care to avoid stat
I ing what the spilituous liquors were
, and their amount on which the dutie
t "are" or ''were" or "should hav
e been" five hundred dollars.
4 'To Construct the Government i
u. the collections of its revenues" O
a TO "debar or deprive or defraud
Y of revenues" is not n statutor
I offence, nor does any such statemen
= import an actionable wrong. Th
Y words used in the statute, "wrone