The Hawaiian gazette., 1897-08-17
CHINA STILL HERE
Writ Of MaldamlS Issued Yes
taFday.
GOVERNMENT STANDS FIRM
The Owner Appeals from
Minister'S Decision.
GOVERNMENT STANDS FIRM
Sailing Indefinitely Postponed,
Case VIII Be Heard
Monday.
CFrom Saturdays Daily.)

The time OF the Chlna's sailing has
been Indefinitely postponed. Continue
ton of the trouble over the steamships
Hawaiian register.
Colonel Macfarlane published letter
in the afternoon papers yesterday, de-
nying that he had been interviewed by
reporters. SO far as the Advertiser Is
concerned. the Colonel is right. What
was quoted in the Advertiser as com
ing from the Colonel was not said di-
rectly TO the Advertiser reporter, nor
was il so stated. The Colonel is evil
IDENTIFY worked up over the matter, and
read his morning paper hastily.
Yesterday he had his mortgage OF the
steamship China filed and deposited
$500 for the stamps. As to the purchase
price fixed by Minister Damon, that is
different. The Colonel considers his
notwithstanding purchase price Of
the China genuinely bona-hde, and he
questions Minister Damon's right TO
set a higher valuation. Ii is said that
he has deposited the price Of the
stamps, but will have the Supreme
Court fix price for the vessel or say
whether Minister Damon has the right
10 do so.
Yesterday a writ of mandamus was
served on Collector-General Castle and
Minister Cooper, made returnable be-
fore Judge Perry in the Circuit Court
on Monday at 10 a. N. In the mean
time the China is locked at the Pacific
Mail wharf, and her engines have not
turned over. Following is an extract
from the writ:
The writ sets forth that on July I'd,
the steamer China, being at sea, and
having a British register, and owned
by the China Steamship Company,
Limited, of London, was conveyed to
petitioner, George W. Macfarlane, by
bill of sale of that date.
That thereupon, upon the application
of petitioner 10 the Hawaiian Consul
in London, provisional register as a
Hawaiian vessel was granted to the
steamship China.
That on August 9Th petitioner sur
rendered 70 the British Consul-General
at San Francisco the former British
register Of the China. and caused said
steamship to be put under the Hawai-
ian flag That the steamship is now
at this port under the Hawaiian flag.
and her ship articles are prepared &C
cordingly.
That on the 18th Of August petitioner
made application TO James B. Castle,
Collector-GeneraI OF Customs. in writ
ing and under oath for a permanent
Hawaiian registry.
That he is informed and believes
that the Collector General caused the
said steamship to be measured and
her tonnage accurately ascertained. for
the purpose of the desired registry. and
had notified the Minister of Foreign
Affairs Of the application and that the
Minister had ascertained from Thomas
Rain Walker. British Vice-ConsuI. that
no legal impeachment exists to a Hawai-
ian register for said steamship. It is
not known whether the Minister has
communicated such information to the
Collector-General, but petitioner sub
mits that, as it is a statutory duty for
him to do so, the inference is that If
has been done
That the Ministers of Foreign At
fairs and Of Finance have stated that
q registry would not be granted. The
reasons given are that the Minister of
Foreign Affairs had informed the Unit
ed States Minister that no registers
TO foreign-built vessels would be grant
ed, and it is claimed by the Minister
OF Foreign Affairs that the petitioner is
not the bona-fide owner Of the steam
ship China
The writ concludes as follows:
That unless said steamship shall
receive such legal register the rights of
her owners, insurers. freighters and
others may be seriously imperiled and
irreparable damage may be done to
those concerned.
Wherefore, the petitioner respect
fully prays that an alternative writ of
mandamus be issued to said James B.
Castle, Collector-General of Customs.
commanding him TO register said
steamship in his Office as a Hawaiian
vessel and to issue TO the petitioner on
receipt Of his bond a certificate thereof.
or TO show cause to the contrary with
in three days from the service thereof
and Of this writ
Colonel Macfarlane is quoted as say
ing he would hold this Government re-
sponsible for any damages accruing
from the delay OF the vessel in this
port Referring to this point, one of
the Ministers remarked yesterday:
Il cannot imagine what they mean
BY it We have not detained the vessel
here 20 minutes. We declined to issue
a permanent register, and promptly Of
fered TO endorse the sea letter, to en-
able them 10 continue their voyage to
Hong Kong and return here or to San
Francisco By that time everything
could have been settled. But this did
not seem to be satisfactory to the own
er. II this had been accepted, and the /
China continued her voyage, the suit ]