The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-04-09
/" MODERN IDEAS ABOUT LAW AND
OTHER THINGS.

I themselves to legitimate differences
from their assumed premises, OF
avoiding the conspicuous exhibition
Of petty prejudice or personal spite
"A AIoderner," IN Mondays Buller
/ tin. opens his communication as fol
lows: Thanks to the well-developed
4 opiatic sniffer Of the Port Surveyor
and his good satellites, the American
bark c. D. Bryant VIII presumably
be seized by the Hawaiian Govern
ment." \ little later on we find the
following: The argus-eyed Gus
tom House officials have uprooted
unintentionally and brought to the
light of day and the world one ofthe
most antiquated fossils in law that
ever disgraced the statute book of
any civilized country"
The law under which the Bryant
was confscated may be an oppres-
siYe one, and not in harmony with
the general current of legislation in
countries having more extensive
commercial relations, but we are by
no means certain that such is the
case. These are questions of fact,
and "a Moderner" does not offer
scrap Of evidence in support Of any
such proposition. But whatever the
law may be, it is by no means "anti-
quated' or q fossil On the con
trary, It was passed in 1886, or less
than three years ago, during the
palmy days OF the good Mr.. Gibson
and his liberal minded and progress
siye administration. If our memory
does not fail US, Paul Neumann,
Esq, was at that time Attorney
General, and generally understood
to be the father of the law There
is, however, no inconsistency in Mr.
Neumann's appearance as counsel |
for the owners of the libelled vessel, !
the question at issue on the trial |
being, not the merits of the law in
any way, but whether, in this partic
ular instance, it had been violated.
How petty, how contemplate, is
the fling at the Port Surveyor and
his assistants, and how small must
be the mind which can condescend
to the writing and printing of such
sorry stuff. A public officer dill
gently, and as the result has shown,
successfully performing his plain
luty in searching for contraband
goods, IS described as exercising a
well developed opiatic sniffer"
His assistants are satellites" Per
laps this Moderner" regards the
Efficient performance, by government
officials, Of the duties they are paid
or, and have sworn to perform, as
me Of the "antiquated' and "fossiI'
deas which are not in harmony with
he spirit Of this progressive age.
Says Moderner:n An American
-essel loads in home port, ships
Ter crew and arrives in Honolulu.
)ne man on board hides one tin or
ne thousand tins of opium on the
essel. 1T does not matter) The
hip IS searched, the drug is found,
onsequently the ship reverts to the
hawaiian Government"
Whether Intentionally or other
Use, the foregoing is an altogether :
Incorrect and misleading statement
I the case at issue. 4 vessel is not .
aized because one man, or several :
zen for that matter, have concealed
plum on board. Seizures of opium :,
pon the persons, or in the quarters :,
passengers and crews arriving at .
lis port are constantly being made,
nd no one thinks of holding the :,
ssseI responsible To work such a .
ssuIt it is necessary under the law, !
lat the opium be concealed in =
.lse bulk-heads, false bows, double =
des or bottom. or in any secret OF q
sguised place whatsoever con a
ructed in such ships or boats, etc" =
he pith OF the matter is in the !,
ord constructed" In short, the 4
,ncealment must be in some place >.
hich Is strueturally a part Of the 4
.ssel, and which therefore cannot =;
: used for such purpose without +
e strong presumption of either :, =
liIty knowledge or gross negl- :
snce, on the part of the master. =
neither "Moderner" is aware of y,
e fact or not, the responsibility of !, !
7ners Of vessels for the acts Of
eir captains is a very well under
pod and recognized idea in mari
ne law. furthermore, the Bryant al
not the first vessel confscated in ~
ouo1T1lr1 fo1. OT1ir1ro cuot10oIipo