The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-01-11
OPIUM PILLS.
Condemned ms COntraband by the
Chtef Justice.

ant. Hearing at Chambers,
January 9th and 9th, 1892.
OPINION OF CHIEF JUSTICE JUDD.
The invoice of goods imported by
Quong Sam Kee Company per bark
Kitty from Hongkong, China, was
entered at the Custom House in Ho-
nolulu on December I'd, 1891, by
Chu Gem, manager of the importing
firm. Chu Gem stated to the deputy
collector that the pills in case No. 1S
on the invoice calling for China
pills" he believed to be opium pills
and struck them off from the in
voice, the case to be surrendered to
the government. The case was taken
by mistake to the claimants store
and by him sent to the Custom
House.
Case marked No. l01 was invoiced
as containing $500 pcs. China pills
valued at $l5, 10 pair flower shoes
$500, pc. ash flowers 10 cents. }"
This case was seized on board the
vessel by the customs officer and
on examination found to contain
medicinal pills containing opium,
and the whole invoice of goods valued
at S1S2S.S5 was seized, less what
packages had been delivered to the
importer before the seizure.
The object of this libel is to for
felt and condemn TO the use of the
government the case of pills and the
entire invoice of which the pills
formed part.
These pills purport by their label
to be remedy for the opium habit.
The chemist (Mr. g. w. Smith) who
analysed them says they contain
some vegetable extracts, ETC., and a
small quantity of opium and would
produce in the taker the effects OF
opium, in greater or less degree,
according to the quantity taken
The printed prescription says the
dose is twenty pills for each "mace'
of opium which the taker has been
in the habit of using. Can these
pills be said to be preparation Of
opium?" The chemist did not make
quantitative analysis of the pills
but says they respond TO the test fol
opium. The quantity of opium evi'
IDENTIFY bears a small proportion to tht
other ingredients in the pills; and i
seems to me that the compound coulc
hardly be called in strict sense {
preparation of opium. IL woulc
be more appropriately named afte
its principal ingredient which is prob
ably "Ginseng." But the Legisla
ture in forbidding the "importatior
of opium or any preparation there,
off, evidently intended TO exclude
from this kingdom any COMPOUND
which contains opium and which is
intended to be used as a narcotic
Therefore, as the use of these pills il
within the evils sought to be prevent
ed by the law, hold that they are
q "preparation of opium"
n 1T only is ti.eir importation by
private parties forbidden, but by th'
Act of 1886 (secton 3, chapter y, j.
they are "found in any ship within
the limits of any part of this king
dom such goods and articles and th,
packages containing the same and al
merchandise or part of the invoice il
which such goods and articles wer
imported shall be forfeited.
This case of pills was found in TIN
bark Kitty at the dock in the harbo
of Honolulu, and by a strict con
struclion of the statute it and th
invoice of which it is part are for
feted. The Deputy Attorney G en-
eral contends for this construction
and urges that the prosecution ha
not to show guilty knowledge or
fraudulent intent TO secure o forfeit
ure. | agree with this contention
But the claimant may show by tin
facts of the case that he did not in
tend TO violate the law and impUr
the prohibited articles. He show
correspondence with his agent il
Hongkong in which he countermand
the order previously sent for opium
pills, The letter reached China afte
the Kitty had sailed for Honolulu
He says he believed case No. Is con
tained the prohibited pills and suI
rendered it to the custom house an
supposed case l0l contained "oom
mon pills" not having opium i
them. He dealt in medicines an
had ordered common pills.
4 strict construction of the statut
would condemn the whole invoice o.
account of the presenpe therein O
case lS, which the importer repu
dated and delivered to the customs
If the prohibited article was sent il
an invoice, inconteslably without tn
knowledge of the importer, by tn
construction contended for the limo
cent importer would be punished TO
the misdeeds of the guilty consigner
The presumption, of course, vii
! alwava axist that the imnnrIar i