The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-10

Inat opium Is now prohibited, 1t IS still
an object of smuggling, and to enlarge
the definition of the statute in that re-
spect, so as to make it that the intro
duction of this prohibited article is
to be known as and termed Snug
CLING"
The Court also, in the case of the
bark Kalakaua, 4 Haw. 332, declared
that opium is an article that can be
smuggled, and declared it also a drug.
Also, in the case of the bark Mary
Bell Roberts, decided by Justice Judd,
May 10, 1877, in the Supreme Court of
the Hawaiian Islands, the Court de-
clares that opium can be smuggled,
and says that to say that because
opium when introduced into this king
dom by any one mot the Board of
HEALTH is not smuggling because
opium is not an article subject to duty,
would be in fact TO construe this law
as exempting any person or vessel from
the penalties against smuggling which
the Legislature has thus unequivocalIy
forbidden
Opium can be legally imported into
this kingdom by the Board of Health.
but in all other ways its importation
is prohibited.
There have been from time to time
tariff laws in the Hawaiian Islands
imposing duty oD opium specifically
ranging from 10 per cent. to 100 per
cent, but these laws have been re-
pealed. There, however, remains in
force Chapter % of the Laws of 1892,
wherein drugs and medicines, patent
and otherwise, pay 10 per cent. adj
valorem and decide under that law
opium is drug and is dutiable.
In regard to the claim of the mate
and seamen, the law as laid down in
Curtis's Admiralty Digest, page 522,
Section ii and the other cases cited is
reasonable and sound. Section IA
reads:
GAS to the effect of condemnation
for illegal trading, in cases of common
guilt, there would be no room for a
distinction in favor of mariners, but
where they are in no manner impli-
Gated in the illegal act, the condem-
nation of the vessel has not been held
to work forfeiture of their wages"
In Curtis Rights and Duties of
Merchant Seamen, page 10, it says:
sit has been frequently held, that
the wages of seamen are not q lien on
the vessel, on an illegal voyage, so
that when the vessel is seized by the
domestic or foreign government and
condemned for breach of law, wages
are not allowed to the mariners out of
the proceeds, unless it clearly appears
that they were Innocent of all knOwl- !
edge of, or participation in the ille |
gality of the voyage"
The mate and seamen of this vessel |
"Henrietta" and the cook are not |
within the law which entities them |
70 EOE frrxW hAD
sented before me [ cannot find the |
fact that they were guiltless, or that
it clearly appears that they We're in
pocent of all knowledge of or partici-
patton in the illegality of the voyage
From beginning TO end their mouths
are closed as to the voyage and their
connection with it, aud there has
TO the voyage, nor any explanation
satisfactory as to their connection
with the ship and the il 'egality of the
voyage. The enquiry is not as to the
guilt or innocence of persons accused
of smuggling, but as to the guilty or
dHuOcent character of the goods seized,
and the purpose for which they were
brought to this Republic and the voy
age ia which they were brought. The
burden is on the claimants to show
clearly their innocence of all knOwl
edge of or participation in the illegal
1ty of the voyage, the Hawaiian Gov
ernment having first made out a prima
facie case or good grounds for the
seizure. The claimants are in diff
ferent position from person on trial
for q criminal offense. The Z. S. ".
1880 boxes (opium) II Fed. rep. 402;
also see Prov. Gov. v. Gertz, 8 Haw.
28S
The claims of the seamen are dis
allowed They are entitled to their
personal clothing and personal effects.
In regard to the masters claim for
property, find that the chronometer,
two sextants. sundry maps, epitome
of navigation, nautical almanack,
parallel rulers and dividers are part of
the apparel and furniture of the
schooner and are not the captains
personal property, as [ find that they
are necessary articles for the safe
navigation of the ship and belong to
the ship and the ships owners. How.
ever, he is entitled to his personal
clothing and articles, the marine
glasses and a pistol.
There is no claimant for the opium.
I declare and decide that the $3.50
tins of opium and also all other opium
seized on the schooner "Henrietta"
and also the schooner "Henrietta,"
her boats, tackle, apparel and fur
niture, be and are hereby condemned
and cOnfiscated to the Hawaiian Gov
eminent.
a decree of condemnation will be
signed.
w. AUSTIN WHITING,
First Judge Circuit Court First Circuit.
Attorney General w. o. Smith and
Deputy Attorney General A. w. Car
ter for libellant; Hartwell, Thurston
s. Stanley for claimants.
January 8, 1896.