The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-10-01


muny, citizen of the United States unless he had
been natnazed taxed had been recognized citizen
of the United States of state As the relation OF Indians to
the United States is peculiar and they stand by themselves
class the general principle of nationality OF birth dis
turbed.
The Fed r. case has followed consistently by
ali the Federal of the United States, the question
having yet been passed upon by the Supreme Court of
the United States may consider that it the settled law
of the United Saeat children born III the United States of
alien parents subject the jurisdiction of the United
States and citizens thereof This view. Mr. Mac
rlane says he has always considered himself be Hawai-
ian citizen and has his recollection claimed himself
be British subject He has held office under the Hawaiian
Government which pesuppoes his taking oath of allegiance
to this This however, does makem any
Hawaiian than he by birth, his parents being domicied
The question of difficulty. The first section
of the statute controlling the registry of vessels Section $50
the Civil Code Com Laws D. 79): NO vessel
entitled be registered in this Kingdom (epublc to be
deemed Hawaiian vessel and entitled the privileges appe
tanning thereto unless such vessel be wholly owned by subject
subjects of this Kingdom" Qepubic) and then follows
provision allowing Hawaiian registers to vessels fitted out for
the whaling seal fishery to part being domicied
resident though not a subject of Hawaii.
Is the Steamship China wholly owned' by Mr.. Mae
farne! His alone appears the bill of sale. He has by
this document the entire legal title of the vessel BY other
papers evidence he has parted with the possession If the vessel
She is in the hands of the Pacific Mail S. Co. of New York
They mortgages possession pay her expenses and receive
her earnings Supplies to the vessel will undoubtedly be the
credit of the company they holding themselves RESPONSE
be But she should be chartered Sold the instruments would
have executed Macfarane. Chancellor
Kent says: Ihe title of ship acquired by purchase by
writing. bill of sale the and proper imminent of title
ship and which the maritime courts of all nations will
look for and in their ordinary practice require % Kens Conn.,
Sec 1870.
Parsons in Pars. Mar Law 522, 1T has been held
in Admiralty in England that party holding regular bill OF
sale of ship legal title and entitled the possession
of against any asserted equitable claim in Others The
eral maritime law requires such document Chill of sae as the
proper OF the title OF WESTON Pe11mdn
/ Mason 316.
There are no part Macfarlanes bill of sale
the Cna Steamship Co. British corporation has
ed the entirety shares of the vessel him. 1t does
appear that the Pacific Mail S. S. Co. had paper
title the vessel though is undoubtedly true that the
poaon, the China Steamship Co., was Incorporated to hold
tie title of the in the interest of the Pacific Mail s. s.
Co.. she being British built vessel her construction being
paid for by the Pacific Mail S. S. Co.
The Court of Queens Bench held that British corpora
ton may be registered the of British built vessel
Notwithstanding foreigners individually have shares
in the company Regina q. Aamdud d Po,ceH 3 Adj q Eli
H. The held that the corporation the sole
the vessel The of the United States respect
ing registry of vessels differ widely from the Hawaiian statutes
The United States have only to protect the commerce OF
citizens, but its shpbudng interests, and the laws
exceedingly strict only requiring proof of entire legal
ownership the vessel by bona de citizens of the United
States but that she built in that country But Mr.
Justice Story to Sec 6S of Abbott on Shipping,
There nothing in ship Registry Acts which prevents
citizen from being the legal owner and taking the usual
OATH and there being good ubsng equitable title IN another
citizen. The oath required by our Act to be taken by the
respects only the legal ownership and does
disclosure of equitable interests vested IN other citizens The
United States has further requirements and says
Story continuing they require denial that foreigner
directly indirectly interested by of trust confidence
otherwise in the ship the profits issues thereof Ihs
provision does exist in the Hawaiian statute The statutes
of both require only the legal ownership to appear
the the United States also evidence
that foreigner interested in the vessel The Hawaiian
does The that register may be IN the
of Hawaiian holder of the legal title without inquiry
if the beneficial interest in the ship is held by foreigners has
always obtained in this country and has been disputed
until this case Numbers of foreign vessels have obtained a-
waan upon transfer of the legal title Hawaiian
citizen, and give great weight doubtful case to the
tenpoaneou and vavng construction put upon this statute
by all persons dealing under it. This view Telephone
Co. Telephone Co., Haw r. 400; Minister OF Interior
Papaikon Sugar Co., Haw 1913; Ho Sugar Co. Mioshi
i'd 2O4 and well sustained by the authorities in those
cited.
We pass the last point made in defense, that the
respondent the Collector General has answered that he not
Satisfied that legal impeachment exists granting Hawaiian
register the Steamship China and that the action of the
CoecoGenera in refusing the register discretionary and
cannot be compelled by the Court" The plain this