The San Francisco call., 1897-08-22
The Steamer China Tied
Up in Hawaiian
Waters.
Threats of Suits for Damages
Are Wasted on the
Government.
Further Orders Against Chinese
and Japanese immigration.
Plantation Riot.

hONOLO LIZ, LAVAL, aug. 1O II uc
Pacific Mail steamer China arrived on
Wednesday last after a quick passage of
S days and 20 hours, and at this writing
Sunday noon) is anchored out in the har-
bor, with her sailing date indefinitely
postponed. The trouble is all on account
of her Hawaiian register. 1t appears that
the vessel has no provisional register, the
document claimed to be such being erely
sea letter issued by Consul General
Hopkins in London authorizing the ves-
sci to proceed from San Francisco to Hon
olulu for the purpose of procuring per-
manent registration. That document mas
expired by the arrival of the vessel here,
ard the Government has declined 10 issue
a register for the reason it gave an as
surance to the United States through
Minister Sewall as early as the beginning
OF July last that no more foreign vessels
should be registered under the Hawaiian
flag pending the settlement of the annex
alton treaty.
Immediately on the arrival of the China
Captain Seabury and Colonel George w.
Macfarlane, the ostensible owner OF the
vessel by virtue of bill of sale for the
consideration of shillings and mort
gage OF $500, 900, jumped into hack and
were driven to the Custom house and after
ward t. the executive bull ding with their
attorney, General A. S. Hartweil. Here
demand was made in due form for perma-
nent registry OF the vessel. In view OF
the promise made to the United States by
the Hawaiian Government the matter was
at once laid before the full Cabinet and
Minister Sewall notified. The conference
lasted all the afternoon, but no decision
was reached. During the night, in order
to hav+ every thing in read ness, James
LYLE, surveyor of shipping for this port,
measured the China from her plans 1t be-
ing impossible TO get all her cargo out.
Hawaiian measurement follows the Amer
lean procedure, which gives much larger
gross tonnage than the English. On
Thursday morning the conference OF the
Executive Council on the matter was re-
sumed ana resulted in refusal to grant
the China a permanent Hawaiian registry.
The Government having refused the
registry recourse was next had 10 the
courts, but it was close to noon on Friday
before the papers were com pleted in Cen
eral HartwelPs office for roceedings by
writ OF mandamus to compel the Govern
ment to issue the reg stry. On applica-
ton to Circuit Judge Perry an alternative
writ was at once issued, returnable at 10
A. NJ. Monday, August is.
on the Government by General Hartwell
that it would be held responsible in due
form for all expenses incurred by deten-
ton of the steamship China from and
after that day.
II. Hack teld & Co., agents of The China,
have also notified the Government that
they will hold it responsible for damages
accruing by detention OF the steamship.
Captain Seabury has also filed protest
for detention.
Minister Cooper was asked by your cor
respondent if the Government would have
any objection to granting the China regis
try providing the United States Govern
ment announced that it had no obiec-
tions. He answered.:
III the United States Government In
forms US that the registry would not be
considered a violation of our assurances
in the matter we should have no objection
to granting it."
During the conference with the Cabinet
Colonel Macfarlane put his foot in it badly
on the question of ownership. When the
proposition was made to extend the sea
letter to China and return to Honolulu,
the colonel said: What pity it is we
have no cable. so that | could communi-
cate with the owners"
Quick as a fash the Attorney General
interposed: chow about the affidavit you
have just made that you are the sole
owner?"
The question of ownership is most i'm
portant under Hawaiian laws, together
with that of citizenship, which is also in
doubt in Colonel Macfarlane's case, for
though claiming to be of Hawaiian citi-
zenship, it is said that the redou b BILE
colonel registered at the British consulate
in 1895 as British subject, in response to
a call of the late Commissioner Hawes for
all British subjects to register during the
late revolution. Colonel Macfarla ne was
born in Hon olulu OF British pare nts, and
therefore could take his choice OF na-
tionality.
Colonel Macfarlane stated this after
noon that the court was taking his deposit
ton and that of Captain Seabury, in order
that they might leave if it becomes neces-
sary. He would not say when the China
would sail, nor could he state whether the
Coptic will be detained here on her ar
rival
1t is stated that Colonel Macfarlane is
willing to accept the PROPOSE ton OF the
Cabinet to extend the Chinas sea-letter
and proceed with her voyage, provided
the condition is made without prejudice
to t Q case now in the courts. This the
Government is unwilling to do, so that
Colonel Macfarlane has decided that it is
safer to keep the vessel in port.
The case comes up for hearing to. m or
row morning. and whatever Judge Perry
may decide will be appealed to the Su.
preme Court. Whether that tribunal will
hear it in vacation remains to be shown.
If not the China will likely get away to-
morrow night.
The Government has issued an order
stopping all Chinese immigration, and
Goo Kim, the Chinese Consul, has filed
prolest in which he admits that Chinese
i'm migration must cease after annexation,
but holds that the Government has no
right to stop it peremptorily until that
happens
The Government has also notified the
japanese Minister and immigration COM
panies that no further Japanese immigra-
ton will be permitted, except such as may
come on contracts regularly Endorsed by
the Bureau OF immigration. This shuts
out the class familiarly known as "stu-
dents.e
Marshal Brown received particulars in
the Claudine mail of serious riot in Lau-
pahoehoe plantation last Tuesday, which
resulted in Chinese being shot though
the cheek by policeman. Over 500 Chi
nese were concerned in the riot. They at
tackled the plantation officers, and were
only finally repulsed by the police, led by
Deputy Marshal Swain, by the use Of
firearms.
In the Japanese imbroglio Minister
Cooper has received from Minister Shima-
mura copy of telegram to the effect
Al ~