The Hawaiian gazette., 1897-08-13
China REMAINS
Government Declines to Issue
Permanent Register.
CASE MAY co TO COURT TODAY
Col. Macfarlane Insists on
Rights as Citizen.
Permission Issued for Vessel to |
Continue This Voyage Under
Hawaiian Flag.
CASE MAY co TO COURT TODAY

The big steamer China is still u
against dock. like the man without
COUNTY,. The Cabinet met yesterday
and unanimously decided that Colone
Macfarlane should not have the perma
neut register, whirh he had demande
the DAY before with some gusto. Tn
Government decided, however, TO lie
the Colonel down as easy as possible
and give him a chance to get hi
steamer back under the British flag
possible. There's always an if in mat
zers OF this nature, and where the Ad'
uIralty laws Of Great Britain are
touched the if comes out in bold
black type.
The Government decided to endorse
Consul Hopkins now famous sea letter
and give the owner Of the steamer a
chance to get back her British register.
This endorsement provided for voy-
age 10 Hong Kong and return to San
Francisco or Honolulu, as the captain
might prefer. but the rights under the
letter ceased when the vessel reached
either port It does not give the cap
tam The right 80 take the vessel to San
Francisco and back TO Honolulu.
When this tender was made to Colo
mel Macfarlane he declined peremptor-
flv and emphaucally TO receive it, and
said the engines should not turn over
until he had received a permanent Ha-
wafian register. The Government was
Just as firm as the Colonel and volun-
tesred an explanation. Then the Col
ouel forgot for the moment that he held
The ownership of q vessel, worth in
round numbers. 81. sol. 600, for which
he had paid. according TO Consul Hop
kins. just five jubilee shillings. When
told what this Government would do,
the Colonel remarked that he could not
ACCEPT until he had communicated
with the owners" This little discrep-
ancy was noted by one of the Ministers,
and Colonel Macfarlane's attention
called 10 IL Then he said he was act
ing under Instructions
The I've shillings purchase price was
requdiated by Minister Damon, proba-
bly, because he. as a financier, could
not see the wisdom of anyone loaning
$500 000 on a piece of property for
which Eve shillings had been paid.
Colonel Macfarlane agreed that it was
little out Of proportion. and consented
10 have the value set at 100000,
which with the mortgage at half that
sun. makes IL necessary for the owner
70 pay stamp duties in the sum of
s. 500 for the transfer.
Tp 10 the hour Of closing the Gov
eminent Offices yesterday, neither Col
onel Nacfarlane or his attorney. Cen
eTsl Hartwell. had accepted the Gov
erument's offer. and it was rumored
that a mandamus would be asked for
this morning to compel the Govern
men1 10 issue the register on the
ground that all points in the Law had
been complied with. and that the re-
puted owner Is an Hawaiian citizen.
This viii 80 into the Circuit Court,
and whichever side loses will at once
appeal 10 the Supreme Court. Here it
NAV linger three days or three weeks.
and II Colonel Macfarlane carries out
his intention not to turn over the en-
gines until the permanent register is
issued. the passengers on the China
VIII have ample time and opportunity
10 study the beauties of Honolulu.
The Government is willing to let the
entire matter rest until it can ascertain
the feelings Of the people at Washing
ton The Government gave assurances
that no foreign vessels would be given
. Hawaiian register. These assurances
were repeated in July. but the applica-
ton for the register for the China was
made in London in May last. If the
Government AT Washington will con-
slider that the Hawaiian Government is
no; breaking faith with it. there is q
probability that the permanent register
VIII be granted. The application hav-
ing been made several months before
The treaty was presented to the SEN
ate may influence the Washington
Government
The point on which Colonel Macfar-
lane probably bases his claim for reg
lister contained in Chapter 60, Section
SSS. OF the Civil Laws:
40 vessel snail be entitled to reg
ister IN this Republic, or to be deemed
Hawaiian vessel. and entitled to the
privileges appertaining thereto. unless
such vessel be wholly owned by a citi-
zen or citizens of this Republic: pro-
Floed- however. that any vessel fitted
cut Tor the prosecution of the whale or
seal fishery. may be registered in the
name Of any part owner Of such vessel
actually domiciled IN this Republic
whether q citizen or not"
Sections 1000 and I.OO1. of the same
chapter, provides for the method Of ac-