The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-20

IA Washington feeu
Company, firm doing business N Honolulu.
One Lowden partner in that firm made the usual entry
OF the invoice at the Custom House IN Honolulu on winch "
voice and entry appeared the following:
Mark. ss. o4 .. F oeis,n Value
Wash S esaoa Portland $3.50 SO
There arrived by the Mount Lebanon however only Ia
of crackers for the Washington Feed Company On eH
animation OF these the customs officers found eases
which contained tins of opium.
So far Lowden he party and
knew nothing of the OPIUM any of the contained
opium The Government has hbeed the whole invoice OF
crackers and claims conscaion of the and the opium
and decree made by the Circuit Judge First Circuit
confscatng the
The claimant S Lowien appealed and claims that only the
crackers which the opium was should be
scated addition the conscation of the opium and not
the remainder of the invoice, grounds:
That under the statute Chap Sec 3, Laws of 1886
QUOTED below only the eight containing the opium can
be confscated, and not the remainder of the invoice.
That Lowden the claimant and importer is innocent and
ignorant of any opium being in the invoice and therefore
that mistake of all supposed
Tense sufficient excuse
The counsel for claimant argued these points length in
brief cases from the courts
countries but of opinion that they
argument in this Republic.
The of Ceghorn Collector General of Cusoms Opium
Pills decisive for both these points raised and disposed
of contrary to the contention of claimant.
The importation of the opium by private persons prohibit
ed by the laws of the Republic and the drug Illegally imported
contraband and liable seizure and conscation
and also all the remainder of the merchandise the invoice in
feited
The statute governing such is Chap Sec g. laws of
1886 which reads IF goods articles prohibited from be-
ing imported by private shall be found ship
within the limits of port of this Kingdom Repubc such
goods and articles and the packages containing the same and
all merchandise which goods
imported shall be forfeited"
The contention of claimant that the words of the
land all merchandise of the invoice which such goods
imported shall be forfeited" merely the eight
packages IN which the opium found that being the
part the invoice by the law usound for the eight
packages within the immediate preceding Ian
guage of the statute eff any goods articles prohibited
from being imported by any private persons shall be found
such goods and articles and the packages contain
ing the 0De' shall be forfeited The has broader
meaning than that contended for by the claimant.
In constituting this in CleghOrn Opium Iis
Haw 461 the he language of the law plain and
unambiguous it peremptory it only capable
structon vizthat the articles Gin this opium pills. and
the packages containing the shall be forfeited also all the
remainder of the merchandise the in which the ar
and goods imported shall also be forfeited This
the find the books; and
late vary the law, and the ordered forfeiture of
only the opium pills but also of all the merchandise and goods
the invoice In this also, the decided
that the innocence of the importer did the forfeit
although the innocent importer punished for the mis-
deeds of the guilty consignor
The appeal of claimant dismissed and the decree of
fscation is affirmed
". O. Smith, Attorney General, for petitioner.