The Hawaiian gazette., 1890-08-19


ferred, because the engrossing clerk had
not returned them.
Second reading of the Hilo and Hama
kua Railroad Bill.
Noble Phillips moved consideration be
deferred one week. Carried.
Second reading of Bill IS on the liab1l.
ity OF ship owners for opium smuggled IN
| their ships.
The report of the committee on com
Derce was read, recommending the pas
sage of the bill, with certain changes.
Noble Pua moved the bill pass to en-
grossment as amended by the committee.
Rep Kalua-I hardly agree with this
bill. Ii the ship is loaded with nothing
but opium, all the captain has to do is to
say, Il didn't know it, and he goes
scot free. think that is going too far.
| think the law We have is good one.
The captain is responsible for the ship
and its contents, and if he can't clear
himself he suffers the consequences.
How does the opium get here. 1t does
not walk nor fly. 1t comes in ships.
This clears the ships and compels the
Government to fix the responsibility
in some poor sailor. The route to Homo
lulu is favorite one with captains, and
l think most OF them are not above
smuggling They are worshippers OF the
almighty dollar. Only short time ago
| a vessel came into kahului, and the
port surveyor went on board, and found
nothing. Perhaps he saw nothing. A
short time after Mr.. Good, who was new,
went up there, went on board the vessel,
and found some false ceiling in the
cabin, and behind it lot of tins OF opium
with their eyes shut, waiting for the man
with money to let them out. That opium
could not possibly have got there with
! out the knowledge of the captain or Off
GERS. The case afterwards came before
the courts, and she was brought to Ho-
nolulu. don't know what became of
her. l think We ought to Indefinitely
postpone the bill.
Minister Brown don't like the bill
any better than the last speaker. In the
irst place the title is all wrong. 1t ought
to be, "a Bill to encourage and promote
smuggling" With all respect TO the
committee, l think this is very bad bill.
Ships which come here are frequently
owned by corporations. How are you
going to find the owners of the stock?
The present law compels shipOwners
when they select a captain to get good,
reliable man. 1t compels the captain to
be vigilant and careful. A captain who
knows his ship can easily tell whether
there are concealed compartments in 1t.
Rep. Rickard-I contend that this is
bill calculated and intended to mete out
justice. II is impossible for owners to
be responsible for their captains The
owners reside in England, America, or
Germany. They place in charge captains
whom they bell We to be strictly honest
They are separated from the ship thou
sands of miles This is thing of every
day occurrence. We might Just as well
attribute the opium swindles to the
Cabinet Ministers because they appoint
customs officers as the smuggling of cap
tains TO shipownefs. We clearly cannot
do that. While owners can be legally
held responsible for the acts OF the off
GERS, l claim that it is morally wrong
Punishment should be meted out to the
officers, as the bill provides. The inten
ton OF it is simply to relieve owners
from responsibility for acts OF which they
cannot possibly have any knowledge.
Rep. Brown-The object OF this Act is
to mitigate the severity of the present
law. 1t is generally thought that the
enactment OF 1856 was too sweeping,
since it covers compartments which |
might be constituted without the knowl- |
edge of the captain or mates. Circum-
stances surrounding every case would |
determine whether the master had |
knowledge OF the smuggling. l think |
with the amendment which the commit |
tee propose the bill should pass.
Noble Widemann- Let the member
from Wailuku imagine himself q captain. |
| am sailor and put aboard say 100 tons |
OF opium. The opium is found, but am |
not found. How would the hon. mem |
Der like to be locked up for my act The
rule is that guilt must be
proved. The present law tries to get |
around that and punish u man against
whom nothing can be proved. 1t is our
that We put premium on
1t is this which makes the |
present law odious Mr. President, it is
not true that the bulk of our captains
and masters here smuggle. II is ridicu-
lous to suppose that ships and steamers
are sent here to smuggle hundred tins
Uf opium. 4 hundred should not be |
punished for the deed Of one. l am not
a shipowner nor captain and | never ex-
pect to be either. was asked to bring
this bill into this House. Thinking it is
a good bill, bill to relieve the innocent,
| am ready to support it. On the second
reading it went to the Committee on
Commerce and they recommend put
ting in the captain. A good amend
ment. might possibly have added the
first officer, but l could not make the
owner.
Minister Peterson-The argument for
this bill is that the present law may
work hardship. So it may, but there are
many laws of this kind. The Marshal is
for the acts of his deputies,
no matter though he may be miles away.
He appoints them, has control of them
and the principle of the Civil Law makes
him answerable in damages for their
acts. The hon. noble has coachman,
perhaps, who drives him down town. I
The coachman runs into another car
riage and smashes it. The hon. noble is
To carry out the arguu ent |
used, he should not be responsible for
the acts of his servant. 1t NAV be an
swered that that is civil responsibility,
not criminal But SO is the responsi,
bility under our present opium law. 1t