The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-09-28
4 HAWAIIAN ship
Supreme Court SlStainS Circuit
Judges Opinion.
CHINA TO RECEIVE A REGISTER
Col. Macfar1ane is a Ha.
waiian Citizen.
He is Also Owner of Vessel-Bll of
Sale Tax Reduced to
One Dollar.

The steamship China is a Hawaiian
vessel in fact, and when she arrives in
| port on Friday her permanent regis
| ter will be given her. In the decision
handed down by the Supreme Court
yesterday the decision of Judge Perry
was fully sustained, and the appeal dis
missed. The decision permanently set
ties the question of registry of vessels
by nominal ownership as far as the
present statutes are concerned. The
citizenship of Hawaiian-born child of
a foreigner is also disposed of when
the decision declares that the child of
foreign parents comes within the juris-
diction of the local courts, if born in
Hawaii
The stamp duty on the title of the
China is fixed in a second decision at
81, instead of $4,000. The tax is
in conformity to the statute on the sub
ject.
The decision Of Circuit Judge Perry
is subjoined to the decision of the Su-
preme Court and it's statement of the
pleadings and of the facts found from
the evidence. In the decision three
questions raised by the appeal are dis
cussed. Cd Is the petitioner for the
writ a Hawaiian subject and as such
entitled to have the steamship China
registered in his name as a Hawaiian
vessel? CD Is he within the statute
wholly the owner of the steamship |
China? 90 Can the Court go behind |
the discretion of the COllectOr-Generall |
Cf any he has) in his statement that |
he declines to admit the steamship |
China to registry because he is not sat
isfed that no legal impediment exists
to her registry?
The decision states that on the first
question the Court has no doubt. Art
icle II of the Constitution is then quot
ed to define Hawaiian citizenship. The
decision further says that whatever
may be the view of the British authori-
ties as to Mr.. Macfarlane's status, it
does not control the Supreme Court of
and the question must be de-
cided according to the law, even though
it involves dual allegiance.
In the United States an almost un-
broken chain of decisions from the
time of the final adoption of the
o.,
to the present time, interprets the Ian
guage that would establish Mr.. Mac
farlane's status to be that of a Hawai-
ian subject.
The decision then quotes from cases
in the United States Courts, which hold
that persons born in the United States,
who are domiciled there, and conse-
quently subject to it's jurisdiction, are
citizens of the United States and of
the State where they reside. 1t is the
view of the Court that children born
in the United States of alien parents
are subject to the jurisdiction of the
United States and are citizens thereof.
On the question of the whole owner
ship Of the China the Court states that
there is some difficulty. The name of
Mr.. Macfarlane alone appears on the
bill Of sale, and he has by this docu-
ment the entire legal title to the yes
sci. Even though she is in possession
Of the Pacific Mail Steamship Company,
If she should be chartered or sold, the
instruments would have to be executed
by the owner, Mr.. Macfarlane. The
opinion Of Chancellor Kent is that a
bill of sale is the true and proper
instrument OF title to ship. and one
which the maritime courts of all ma
tions will look for, and in their ordi-
nary practice require.
In this case the Court holds that
there are no part owners" Mr. Mac
farlane's bill of sale passed the en-
tirety, GA shares, of the vessel to him.
The Court of Queens Bench held that
a British corporation may be regis
tered as the owner of a British built
vessel, notwithstanding some foreign
ers may Individually have shares in
the company.
The decision states that the statutes
Of the United States respecting regis