The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-08-12

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Rep. Richard disagreed with both
the previous speakers. The bill was
meant TO do justice. Owners of
vessels trading with the islands
might be living in America or Eu
rope, and it was q great injustice to
hold them responsible for the doings
of their captains or crews. They
might as well claim that the Cabinet
was responsible for dishonesty on
the part of subordinate officials, for
instance, the recent opium thefts.
While owners of vessels might he
held legally responsible for the ac-
tons of their officers, it was morally
wrong. The bill provided that the
master or any person connected with
the vessel could be punished when
found guilty. Therefore he was i'll
favor of the passage of the bill.
Rep. Brown considered that the
amendment proposed by the com
mittec, making the master liable on
proof of guilty knowledge, protect.
eel the interest of the revenue.
Noble Widemamn wanted to ask
the hon. member from Wailulu how
he would like, If he came here rs
captain Of a vessel, to be locked up
in Jail because one Of his sailors had
concealed opium in the vessel. 1t
was not right to punish man for
another mans crime. The misfor-
tune of the country was that there
was premium on opim smuggling.
lie did not think any shipmaster
came here for the profit of smuggl-
ing. He was not q ship-owner and
had no interest in the bill. 1t had
been handed to him to be introduced,
and believing it TO be n good bill he
supported it. The amendment of
the commerce committee was a
sound one. He would go q step
farther and put in the first officer.
But il was not right that the owner
should have his vessel coniiscated
because the stoller or the cook had
struggled opium.
Minister Peterson admitted that
there was hardship in the existing
law. So there was hardship in
many other laws. The Marshal was
Liable to damages for the acts of his
deputy or of police officers, because
he appointed them and had them
under his control. The hon. Noble
might have q coachman who went
down town for him, and on the way
down he might drive into another
carriage and smash it. The owner
would be responsible under the law
and have to pay for damages. The
law in question was more of civil
than of u criminal nature. 1t did moi
say that that the owner or master
was to be imprisoned for the offense
This bill would probably make
smuggling much easier than at pre-
sent. The law of 1886 had resulted
in three or four seizures. The Min
lister of Finance had in each cas-,
settled with the owners for al
, amount that would be little NOR,
than if each one was fined the pen
nifty for smuggling.
, Noble Widemann had no objec
ton to the principle so eloquent,
t presented by the Attorney-General
of the responsibility of a master 70
his servant; but he would ask TIL
Acknowledgement if he was respon
, sible for the Marshal.
: Minister Petcrson-I am to Ger
s tain extent.
Noble Widemann asked if he wa
e responsible in dollars and cents.
o Minister Peterson cannot az
\ point him, nor can | discharge hin
\ Noble Widemann said we wer
: keeping an absurd tabu on oplul
: that made it cheap, and then sougl
to redeem ourselves by Selling til
G property of shipowners.
Rep. r. w. Wilcox was in fave
of the bill, which he regarded as
protection to innocent owners. IN
~ der the present law one of I'll
Oceanic steamers was liable if
fireman took on board a few tins {
opium.
y Rep. White believed if this bi
passed opium would come in so fa
that it would fall to a price of
:. cents tin. The owners and cal
IL tain would tell one of the sailors
load up the vessel with thousant
>. of tins of opium, and the prof
~ would be so great that the saflt
could fix the customs officers, {
IS that the country would be tioode
with opium. In the case Of the {
|. ID. Bryant, the right persons we
,r made responsible, for the opiu
lie could not have been concealed as
Ell was without the knowledge of Il
s. master or owners. If the bill b
y came law the owners would have
lie Chinaman ready to assume the re
j. possibility and 90 to prison on Il
~ discovery of struggled opium
" their vessel. He moved the pr
OF vious question and that the ayes al
TT noes be called. Carried.
a The ayes and noes were called {
IN the indefinite postponement of Il
la bill with the following result:
he Ayes-Cummins, G.. Brown, Pc
n erson, Kauhane, j. M. lIorner, '
Il, Y. Horner, Anderson, Kanoa, Gun
at mings, Kauhi, Nawahi, Baker,
It. Horner, Kahookano, Waipuilal
he Apiki, Paehaole, White, Kaneal