The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-09-04
THE CIRCUIT COURT GIVES IT'S
DECISION.
Ruled That the Steamship China Must
Have Her Register-Now the Case
VIII Go to the Supreme Court.

Colonel George w. Macfarlane, flag
owner of the big steamship China,
won "a decisive victory today in his
fight against the Hawaiian Govern
ment.
Circuit Judge Perry handed down
his opinion this morning, deciding
that Colonel Macfarlane had in all re-
spects complied with the law and that
he is entitled to the certificate of reg
istry which he applied for. The mo-
tion to quash the writ and dismiss the
petition, entered by Minister of Fo.,-
eign Affairs Cooper on behalf of the
Government, was denied and Judge
Perry ordered that peremptory writ
be issued at once.
After carefully reviewing the evil
dence introduced in the case, Judge
Perry quotes Minister Coopers words
in regard to any legal impediments ex-
istin in the China case: 81 do not pro-
pose to make inquiry of the British
consul at this port in regard to any
possible legal impediment, for the re;,.
son that it is the policy of this gov
ernment to grant no further registers
to foreign built vessels excepting
where such vessels may have formerly
DctH ullueT lne american
On the same day Minister Cooper re-
fused to grant Macfarlane's applica-
ton stating that he was not satisfied,
as required by law, that no legal im-
pedimept existed
Judge Perry gives the true reason,
as disclosed by the evidence. for the
Governments refusal to grant the APP
plication, that the Hawaiian Govern
ment has assured the United States
Government through its Minister res
ident that, pending the ratification Of
the treaty of annexation, no Hawaiian
register would be given to any foreign
vessel.
The decision then quotes the only
statute which defines what vessels are
entitled to Hawaiian registry.
Judge Perry says that the conten-
tion of the Government t.. It Colonel
Macfarlane is not Hawaiian citizen,
is not sound, in his opinion. The
Judge further says: ''It may be that
under the law of Great Britain the
petitioner is also a British subject,
but this cannot alter his position uu-
der our Constitution"
In answering the question wheth 1T
the China is wholly owned by Colonel
Macfarlane. the court states that there
can be no doubt that bill of sale is
proper and effectual instrument for
the transfer of the legal title in II
ship, and that it is so regarded in mar
thine courts. Judge Perry states thai
in his opinion Macfarlane is the own
er of the ship, within the meaning of
our statute. Even taking the view,
which is sustained by the evidence,
that the transfer of the title in this
case, was made solely for the purpose
of obtaining Hawaiian registry for
the vessel, and that Macfarlane is
practically in the position of trustee
holdirg the property for the benefit
of the Pacific Mail Steamship Com
panv, Judge Perry holds that he must
still be regarded as the owner.
The evidence clearly shows that t
has been the unvarying practice Of
the Collector Generals department
since the enactment of the statute, tc
grant Hawaiian registry to the hold
ers of the bare legal titles in vessels
under Just such circumstances as eN-
ist in this case.
The Government will carry the case
to the Supreme Court.