The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-17
BEFORE THE COURT
Judge Perry Listens to Ar.
guments on China Case.
Witness Examined in During Fore
noon-Legal Points to be
in the Briefs.

the China was begun before Judge
erry.yesterday at 10 o'clock. The case
was hurried along as expeditiously as
possible. and all the witnesses were ex-
amined in the forenoon. In the after
noon Minister Cooper and General
HartweII made brief arguments. The
first witness called was p. G. Jones.
From the questions asked by General
Hartwell it was judged that the pur-
pose of introducing Mr.. Jones as wit
ness was to show that the application
of Colonel Macfarlane, as nominal own
er of the China for a register was not
an unusual proceeding; that the regis
tered owner was a familiar term used
in speaking of many Hawaiian-regis-
tered vessels.
Mr.. Jones testified that he had on a
number of occasions taken bills Of sale
of vessels and secured Hawaiian reg
istry, both in his own name and in
the name of G. Brewer & Co. when he
was manager. a list of vessels was
read TO him, and he specified several
for which registry was secured during
his active association with the firm.
Among them was the Foohng Suey, in
which he had invested no money, but
for which he secured a Hawaiian reg
istry The usual method of securing the
control to the real owners was by Civ
ing charter for SO years. In securing
registry for these vessels, so far as he
knew, the usual form of application was
made and the usual oath taken. All
the requirements of law had presuma-
bly, been complied with. He said the
usual name applied to such ownership
was registered" owners. He was not
familiar with the term flag owner"
To Minister Cooper's questions he re-
piled that he could not remember |
whether or not he stated at the Custom |
House that he was more than nominal
owner of the vessels.
Mr.. T. Rain Walker, British Vice
Consul, testified that on August 18th
he received a letter from Hackfeld e
Co, asking if there were any legal i'm
pedimentS preventing the granting OF
register to the China. Mr.. Walker had
replied TO this letter that there were
no such impediments to his knowledge.
The objection of Minister Cooper to the
introduction of these letters as evil
dence on the ground that they were
not official as it was the duty of the
Foreign Office to make such inquiries,
was overruled. Mr.. Walker said that
at the meeting of the Cabinet, at which
he was present he was not asked If
there were legal impediments to regis
try. He heard the question of accepting
the extension of the provisional regis
ter raised, but did not hear it accepted
or refused. He was of the impression
that Minister Cooper had stated that
distinct instructions had been sent to +
the representatives of the Government
abroad to issue no more provisional
registers. He had heard him state no
reason why the register was refused. {
Minister Cooper raised the question
of the nationality of Colonel Macfar-
lane Mr. Walker stated that as British
representative he had charge OF the
British papers. At the request of the
Foreign Office he had made search to 7
find the register of the birth of Colonel
Macfarlane He had found the register.
Tt was the custom to send it to London
each year 1t was supposed to be an r
evidence of British birth, as 1t was r
given only to those born OF British 9
parents. According to the laws OF
Great Britain, in a foreign country all
persons whose fathers or grandfathers
were British subjects. could claim Brit
nounced the oath of allegiance. On
reaching the age of majority such men {
could obtain the full rights of citizen
ship. unless an oath of allegiance to
some foreign power had been taken.
John Ena testified that his name had
been used to secure the register of four
vessels. He had a small interest in
two of them. On making appll-
cation for register he had taken
oath that he was the sole owner
as he had been told that was custom
ary. He took the bill of sale, but put no
money in the boat. He made no further
explanation. So far as he knew, the
Customs authorities thought he was
the sole owner. The proceedings were
the usual ones.
Mr.. w. F. Allen. for 20 years Collect
or-General to 1884, explained the Gus
tom in vogue during his tenure of office
of securing flag ownership" 1t was
his custom to make fair valuation for
the purpose of taxation. The practice
of making long charter to owners was
common. He looked to the owner to
make the correct oath, and did not take b
it upon himself to inquire behind the S
bill of sale He said he had no right
to inquire if the one who secured the
register had made any charter TO the .
original owners.
When shown the bill of sale of the
China Mr. Allen said that it seemed
correct in FORM but the details were
and not at all like the bill of q
sale of an American vessel, for in '
stance When asked what he would
have done had application been made
to him for the registration of the Chi
Ma, knowing all the circumstances, he
replied that he would have communt-
Gated with the Government for instruc-
tons.
Deputy Collector F. B. McStocker de-
scribed all the proceedings relating to
he application for registry of the Chi
IA as they had transpired in the Col
ector-GeneraPs office. He said the Of
ice had received a communication from
Minister Cooper that it was the policy ?