The Hawaiian gazette., 1897-08-17


read 10 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 s Hawaiian reg
iStry. The usual method Of securing the
control 10 the real owners was by Civ
ing a charter for 90 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 presume
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 q letter from Hackfeld &
Co. asking il there were any legal i'm
pediments preventing the granting Of
register 10 the China. Mr.. Walker had
replied 10 this letter that there were
no such impediments TO his knowledge.
The objection OF Minister Cooper TO the
introduction Of these letters as evil
denee. on the ground that they were
not official. as il 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
-, hs. ol -
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 Maefar-
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 10
find the register of the birth of Colonel
Macfarlane He had found the register.
1t was the custom TO send it to London
each year 1t was supposed to be an
evidence Of British birth. as it was
given only 10 those born of British
parents According TO the laws OF
Great Britain, in foreign country all
persons whose fathers or grandfathers
were British subjects. could claim Brit
ish nationality, unless he has re-
uounced 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 70
some foreign power had been taken.
John Ena testified that his name had
I been used TO secure the register of -four
vessels. He had a small interest in
/ two Of them. On making appli-
cation for register he had taken
| oath that he was the sole owner
as he had been told that was custom
airy. He took the bill OF sale, but put nc
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
U CT u 1907 AEAelAACA NAAO N4S
/ tom in vogue during his tenure of Office
of securing flag ownership" 1t wa:
/ his custom to make a fair valuation fol
| the purpose of taxation. The practices
Of making long charter 10 owners wa:
/ common. He looked to the owner Il
make the correct oath, and did not TAKE
it upon himself to inquire behind tht
bill of sale He said he had no righ
to inquire if the one who secured the
register had made any charter to tbs
original owners.
When shown the bill OF sale of tbs
China Mr. Allen said that it seemed
correct in form, but the details wer'
meager and not at all like the bill o
sale Of an American vessel, for in
stance. When asked what he would
have done had application been mad
10 him for the registration Of the Chi
na, knowing all the circumstances, h,
replied that he would have communi
Gated with the Government for instruc
lions.
Deputy-CoIlector F. B. McStocker de
scribed all the proceedings relating u
the application for registry of the Chi
IA as they had transpired in the Col
lector-Generars Office He said the of
/ fee had received a communication from
Minister Cooper that it was the policy
Of the Government to issue no more
registers He related the circumstance:
Of securing registry of the Aztec Per
/ sonally he had not been satisfied with
the proceedings He stated that Colo
mel Maefarlane had brought his bond Of
$4,000 TO him for acceptance. 1t had
not been received, but had been left
al the Office for safe-keeping. The Gus
tom House had refused to grant tbs
registry when it was requested by Col
/ onel Maefarlane.
/ At 40 o'clock General HartEeIl in
tFoduced as evidence his own chrome
/ logical statement Of events connected
with the attempt to secure a registry
for the China Ali the correspondence
relating to the subject was also intro
duced- Minister Cooper made a motion
TO quash the writ and dismiss the case
Both General Hartweil and Minister
/ Cooper made short arguments On the
merits Of the case The understanding
was that General Hartwell is TO file his
brief today. Minister Cooper will file
I his return brief tomorrow and the an
sver will be fled on Thursday.