The Hawaiian gazette., 1897-08-17


that be could not sell the steamer or
commit a fraudulent scr. II was made
az S20o.00o because that was the value
placed on the ship by Inspector Met
calf, He then related the circum-
stances Of his coming to Honolulu and
the subsequent actions in applying for
register. the measurement Of the China
and the securing Of s surety on his
bond. i have made no ARRANGEMENTS
70 reco1vey the China 10 any other
person. said the Colonel. Il have is
sued no other mortgage affecting the
China, | have given no charter. I have
signed the usual power OF attorney 70
enable the Pacific Mail Company 10
conduct the necessary business OF the
vessel"
Colonel Macfarlane stated that at the
time he took out the provisional reg
lister he was not aware that any in
ssructions had been sent TO the Consul
General in London 10 issue provisional
registers. The thing was talked about
for = month. He said he had obtained
the register Of the steamer Aztec IN
der similar circumstances
Minister Cooper questioned the Col
oneI about his citizenship. He said
that his father was originally Brit
ism subject He might have become
an American citizen in California dur
ing the gold times. He could not say
whether he had ever become g Hawai-
ian citizen. as he died when the Col
onel was a small boy As for himself.
he had never taken the oath OF allegi-
anee TO any form Of government in
Hawaii He had never received deni-
ration or other papers He had never
taken the oath Of allegiance 10 the
present form OF government in Hawaii.
as he had always considered himself
Hawaiian subject
He was asked with whom he had
dealt in London in regard 10 the China
He replied that he had conducted the
business with the agents. Berriman &
Turubull; they had made all the ar
rangements and drawn up all the pa
| pers. he had simply signed them. He
said the dissolution of the China
Steamship Company had taken place
on July ID II was probably on &C
| count Of the transfer Of the title Mr..
/ Huntington was present at the meet
ing when the dissolution took place. He
was present at a part of the meeting,
but left before IL was over The vote
/ was taken on resolution. only the
/ substance Of which he could remem-
| Der, as il did not concern him par
tieularly. II was 10 the effect that by
! the authority Of the stockholders the
transfer Of the title had been made,
and that the China Company was dis
solved He repeated that he had pur-
sued the same course as with the Az
tee, when he was asked If he was will
/ ing TO assume the ownership.
| The letter Of indemnity given Col
onel Maefarlane BY President Hunt
/ ington was produced as evidence He
/ was asked why il was necessary 70
/ take the letter OF indemnity il he was
TO become the actual owner He said
that he had followed the advice Of his
/ attorney. In regard 70 the former OWL
ership Of the China, Colonel Macfar-
! lane said as far as he knew the Pacific
Mail Company was interested. They
/ seemed to have the control and suf-
icient interest in the vessel to be able
70 dictate 10 whom the transfer Of the
/ title should be made He judged this
/ from the fact that Mr. Huntington
was present al the meeting and had
considerable voice Minister Cooper
asked him If the present condition OF
affairs was that he was the agent OF
/ the Pacific Mail Company for the puT-
Pose OF transacting the change Of reg
I lister. He replied that he felt that he
had sufficient authority TO transact
| what had been intrusted TO him. He
felt that the papers were the limit OF
his ability.
4 Colonel Macfarlane said he had sign
sd no note The effect OF the mort
gage was that he was not expected tC
pay it. IL transferred the title to the
Pacific Mail Company. As far as hi:
authority was concerned, he presuma.
bly, could not sell the China OF trans
fer the title without the consent of the
Pacific Mail Company. If q register
should De given he would pay the taxes
and be reimbursed by the Pacific Mai
Company Minister Cooper then asked
him what he had told the Cabinet
when they offered TO allow the China
70 make her trip under an extension
OF the sea letter He replied: Il stated
that without communication with the
oEners-the Pacific Mail Company
could not accept He stated that if the
company should dictate TO whom he
should make q transfer OF the title he
would make il
/ In his answers To questions asked by
Judge Perry, he said that the Pacific
Mail Company paid the running ex-
peRses OF the China; they also re-
ceived the profits Under his agree
ment with them, they were to stand
/ whatever losses there were Why
have you undertaken this7" asked
/ Minister Cooper. WAS there any con-
siderati0n2" I have undertaken it be
cause OF ny personal friendship for
Viee-President Sehwerin- There was
10 consideration; perhaps ESQ, l didn't
I ask for il They offered it"
The hearing viii be held today on
/ the return 70 the writ Of mandamus.
I By agreement, the testimony taken
/ Saturday may be used in any Court
in which the case is tried. Minister
/ Cooper said there would be four points
| in the return; he would raise the ques-
I ton OF the Jurisdiction Of the Court
/ the question Of whether or not it lies
/ in the discretion Of the ColIector-Gen-
eraI To grant register the question
I Of the nationality Of Colonel Macfar-
/ lane and the question Of the owner