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

buSihtSSs NOh may NOhSutl Win hA4h
about the matter. l specially write
this wishing you happy enjoyment.
ITO the gentlemen OF your store.
stamped Kwong Man Fong.
of Victoria
Dated 11th day of the 9th month in
the Yut Nee year" ii. e. about Oct,
1880.
The only cargo of the schooner was
the opium, and no explanation has
been given in regard to the same or in
regard to the vessel arriving at this
place Keau, which is not port of entry
of the Hawaiian Islands. There has
been no information given as TO the
destination of the opium or as TO the
consignees or owners thereof, or the
reason of the change from its original
packages into the larger number OF
packages found on board by the off,
GERS.
1t is not shown that the vessel put
in here in distress, although the claim
is set up in the answer.
The evidence and statements, which
/ have not fully set out, of the captain
and Gale tend to show that they knew
that they were engaged in an illegal
and unlawful business so far as the
Hawaiian Islands were concerned.
1t may be mentioned that the vessels
hold, where the opium was slowed, was
open and easily accessible to the crew
in the performance of their duty, and
that they used the passage open from
fore TO aft of this small schooner.
1t does not appear that the vessel
was in any way blown off of what
ought to have been her course to La
Paz, Mexico, If such was the voyage
honestly set out on; nor does any rea-
son appear for making departure
from that voyage to La PaZ, except to
make this illegal and unlawful voyage
to the Hawaiian Islands.
/ find that the voyage was, at least
so far as the Hawaiian Islands are con-
cerned, an illegal voyage, and that the
opium was brought within this juris-
diction with intent to fraudulently'
land and smuggle the same into the
Republic of Hawaii, and that the cap
tain and all persons on board had
knowledge of the same and were all
participants in this smuggling matter.
1t is claimed on the part of the mas
ter and owners and other claimants
that the importing of opium into this.
Republic is not smuggling, and that
opium is not dutiable, and therefore no.
ha had nv Iax
Section 655 of the Civil Code pro-
vides that:
Every person who shall be in any
way engaged in the importation, intro
duction, landing, or transshipping OF
any goods, wares or merchandise, sub.
ject to duty, without paying or secur-
ing the payment of such duty, and also
his aiders and abettors, shall be
deemed guilty of the misdemeanor OF
smuggling; and all goods, wares and
merchandise so smuggled or attempted
to be smuggled, and the vessel from
which they are smuggled or attempted
to be smuggled, together with all her
boats, tackle, apparel and furniture.
and all other boats, vessels and'cr OF
whatever description, in any way used
or engaged in such smuggling, or at
tempt TO smuggle, shall be forfeited,
and may be seized, condemned and
sold for the benefit of the Hawaiian
Government"
Section 657 reads:
In all cases where any person shall
be charged with smuggling, or at
tempting TO smuggle, any goods, wares
or mechandise, it shall be incumbent
on such person to prove the legal inn
portation and the payment of the du-
ties required by law"
Act II of the laws of the Provisional
Government of 1893, as amended by
Act II thereof, declares that the i'm
portation of opium or any preparation
thereof into the Hawaiian Islands, ex-
cept as authorized by Section Of the
Act, is strictly prohibited.
Section 2 provides for the Board OF
Health importing opium.
Section of Act II of the laws of the
Provisional Government of 1893 pro-
vides that nothing in this Act shall
be construed TO exempt any person or
vessel from the pains and penalties
prescribed by the laws of the Ha-
'waiian Islands against smuggling, nor
''to affect any prosecutions pending
at the date of the approval of this Act
In the case of the King VS.. Bradley,
4 Haw. 1877, the Court held, after citing
a similar opium law as the laws of 1893
above cited, that: The ordinary def
inition of smuggling is, the offense of
prohibited articles, or of de-
the revenue by the introduce
tion of articles into consumption with
out paying the duties chargeable there
on. Wharton's Law Dictionary"
The Court says: 'It appears to us
that the force OF the Statute of 1874,