The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-10-01
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
In VACATION

IN THE NATTER OF THE APPLICATION OF
GEORGE w MACFARLANE FOR A WRIT OF
MANDAMUS.
APPEAL FROM CIRCUIT JUDGE FIRST CIRCUIT.
SUBMITTED SEPTEMBER 5 1897 DECIDED 27 1897
JUDD Co. FREAR AND WHITING, j.
and
George Of M Of the 0 ssmsp ana eayns
h sa sa the and Of ne
registered in his Hawaiian vessel
OPINION OF THE COURT BY JUDD, co.
We subon decision of the Circuit Judge appealed from
and adopt the peadngs and of the facts found
from the evidence.
Ths petition that writ Of mandamus be issued to j. B.
Castle of Customs commanding him to
ter the Steamship China bis office Hawaiian vessel and
to issue petitioner certificate of such registry the aega-
tons of the petition being in brief that petitioner Hawaiian
citizen and the sole of the said steamships that the
Cd day of July last said steamship having then British register
conveyed by her owner the China S. S. Co. of London,
England petitioner bill of sale of that date that there
upon the Hawaiian Consul in London granted petitioner,
upon application provisional register of said steamship
Hawaiian vessel and that petitioner the holder of said
provisional register that the 9Th day of August current pe
surrendered the British ConsGen in San Fran
the British register of said steamship and caused
her be put under the Hawaiian fag that the 11h inst
petitioner made application respondent for the registry OF
said steamship Hawaiian vessel writing and under oath
and otherwise form required by statute; that the respond
wholly negects and refuses grant said application
ing for such refusal and that the only assigned
by the Minister of Foreign Affairs and the Minister of Finance
for refusing allow said application be granted that the
Minister of Foreign Affairs has informed the United States
Minister that pending the present Treaty OF Annexation no
Hawaiian registers shall De granted foreign built vessels
and that the petitioner is not the bona de and is not
wholly the of said steamship.
Upon the filing of the petition alternative writ issued
commanding the respondent to issue to the petitioner said Ha-
register of said steamship show to the
frary Xyifbi in DAYS eOft
M his the writ respondent that he is not salts
legal impeachment exists granting the register
piled for is Informed and believes that petitioner not
the sole of said steamship stating the for such
belief his part and that he informed and believes that pe
toner is not a Hawaiian citizen.
A the conclusion of the trial herein at which evidence was
introduced behalf of the petitioner but for the respond
the latter moved to quah the alternative writ and to DISMISS
the petton In support of this notion contended O that
it appears from the evidence that the petitioner not Hawaiian
citizen 2 that appears that petitioner the sole
owner steamship and ( that the respondent vested
bv law with discretionary power pass upon the question OF
whether legal impeachment exists to the registry OF
the and that consequently this court cannot by mandaus
of otherwise interfere with the respondents exercise of that
power. .
s.Upon the evidence find, facts, that the Steamship
China was Glasgow, Scotland in 1880, at cost of
$74OOOO which borne by the Pacific Mail 5 s. Co. OF New
York When ready sea- the title her placed the
of Donald McGregor,, and the aer DEATH 1t
was transferred by his the China Steamship Cos
Ld English corporations for nominal consideration On
the I'd of July u the said steamship having then certificate
of British Registry the China Steamship Co. executed bill OF
sale whereby transferred the petitioner herein szour
shares being the entirety of and in the China the consideration
named in said bill of sale being the of Five Shngs The
China Steamship Co., possessing other property thereupon
On the day the petitioner executed and
delivered the Pacific Mail s. Co. mortgage OF the emma
and all of her apprenances regh and earnings for the
alleged consideration of S2OOOOO This the value placed
upon the steamer by oyd surveyor San Francisco AS
matter fact money paid to by the petitioner or the
Pacific Mail S. Co. in this transaction Petitioner has also
whether that day subsequently does
not appear upon the evdenca of attorney authorizing
~ tho h1CIpp of
shin and G. P Huntingdon President of said and II
It's behalf has turn executed and delivered to petitioner
instrument in writing whereby said company to save peh
TONER harmless from claims and demands whatsoever IN
spect of said steamship
George w Macarlane the petitioner born IN these
islands in the year 1917 of British parents His birth was re
corded bv his parents British Consulate Honolulu IN
registry containing of persons born here of British
parents Since the entrof his in said registry pettone
has not any way claimed renounced allegiance either Il
ceat Britain or to Hawaii nor has forfeited his rights
Hawaiian citizen He has not at time received any letter