The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-04-24
OPINION OF THE COURT, BY
FREAR, j.

OPINION OF THE COURT, BY
FREAR, j.
The defendants appeal on points OF
law from a judgment Of the District
Magistrate of Honolulu finding them
guilty of importing opium contrary to
the provisions of Section 1, Act IL, Prov.
Govt Laws. They are the master and
crew of the schooner Henrietta from
Victoria, British Columbia, seized at
Keau, on this island, not a port OF
entry, December q, 1895, with 1898
pounds of opium on board.
Appellants contend in the first place
that no importation was shown De-
cause the opium was not brought into
a port of entry. 1t is true, expressions
NAV be found in some cases to the erect
that an importation is not complete
until arrival at port of entry. But in
such expressions the emphasis was on
the words arrival at the port" not
on the words ''of entry" the phrase
port of entry" being used casually as
SYNONYM for point of destination"
and when as matter of fact the port
under consideration was port OF
entry. Port of entry in such cases is
used INTERCHANGEABLE with port,
''haven." "harbor," and other words
the distinction taken being not be-
tween arrival at port and arrival at
port of entry, but between arrival at
port, that is, at destination, and ar
rival within. jurisdictional limits gen
orally for the purpose of determining
at what time duties become payable
within the meaning of the revenue
statutes. On the contrary, the IAN
guage of the decisions throughout is
to the effect that, in law and general
usage. as well as etymologically, an
importation, in the broad meaning
of the term, consists of a voluntary
bringing in of goods with intent to I'M
lade the same. See Schooner Mary, l
Gall. 2O6; Schooner Boston, Ib. 239;
u. s. v. Arnold, h. 348; U. s. v. Ly-
man, Mason 499; Kohne V. ms. Co.,
l Wash. c. c. 165; U. S.v. Steamboat
Forester, / Newb. "a. In this case
the evidence is ample to show that the
opium was brought from Victoria to
Keau voluntarily and with intent to
land it there. Our own statutes also
show that the meaning of the term
importation" was not intended to be
confined to the introduction of goods
into ports of entry. True, lawful i'm
portation is so limited, but unlawful
importation may take place. either at
ports of entry or ports not of entry.
Section 526 of the Civil Code expressly
refers to goods importer ''dt any
other port in the Hawaiian Islands,
than port of entry and imposes a
penalty for such Importation. And in
the statute under which these defend
ants are charged, which is not rev.
enue statute but strictly prohibits"
"the importation of opium or any prep
aration thereof into the Hawaiian Is
lands" except by the Board of Health
for medical purposes, the word ''impor-
tation" was used evidently in the sense
of bringing in" and with an intention
on the part of the legislature to pro-
hibit any introduction of opium, ex-
cept as aforesaid, into these islands at
any port or place whatever, whether
of entry or not.
1t is contended in the second place
lndls ONCA IL oil lAhPOA "NiO
shown, the evidence is not sufficient to
implicate the several defendants.
AS against Anderson (the MASTERY
and Gale the evidence is so overwhelm-
ing as to need no comment.
AS against the others the case is
not so clear, but on the whole and bear
ing in mind that the question before
this Court is not one of fact, whether
the evidence showed guilt beyond a
reasonable doubt, as it was before the
District Magistrate and would have
been on a general appeal to the Cir
cult Court, but one of law, whether
there was sufficient evidence to support
the Judgment, we are of the opinion
that there was such evidence.
Assuming that the men did not know
the purpose of the expedition before
they left Victoria, but that they shipped
on a voyage of several thousand miles
in vessel of only 81 tons register and
with no apparent object except to carry
a few small cases of cargo, without
first inq9iring into the nature of the |
enterprise, or, if they did so inquire, |
that the master deceived them, and that |
he ventured on this long voyage and |
hazardous undertaking without first
assuring himself that the men could
be relied upon to assist him in the ex-
ecution OF his illegal purpose, still there
can be little doubt that the men be-
came aware of the object in view be-
fore they reached Keau, for the vessel
was a small one (only about fifty feet
ong). the opium was the only cargo, it
was in plain view in the hold which
opened directly into the cabin and dur
ng the voyage it was taken from the
2 cases in which it was shipped and
'epacked in IS cases, the master and
rev apparently intimately associated
ogether and that too in the cabin as
veil as elsewhere, the voyage was die !