The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-08-14
CHINA STILL HERE
Writ Of MandamuS Issued Yes
tGrday.
GOVERNMENT STANDS FIRM
The Owner Appeals from
Minister'S Decision.
Sailing Indefinitely Postponed.
Case Will Be Heard
Monday.

The time of the Chinas sailing has
been Indefinitely postponed. Continua-
ton of the trouble over the steamship S
Hawaiian register.
Colonel Macfarlane published a 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 it 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
ve-jubilee-shilling purchase price OF
the China genuinely bona-fide, and he
questions Minister Damon's right to
set a higher valuation. 1t 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
to 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
Of In n
time the China is docked 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 to the Hawaiian Consul
in London, provisional register as
Hawaiian vessel was granted to the
China.
That on August 5th petitioner sur
rendered to 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 ac-
cordingly.
That on the 18th Of August petitioner
made application to James B. Castle,
CoIlector-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-Consul. that
no legal impediment 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 it
has been done.
That the Ministers of Foreign Af-
IalrS ana OF FINANCE nave Stated that
a 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 foreien-built vessels would be grant
ed. and it is claimed bv the Minister
of FOREIGN Affairs that the petitioner is
not the bona-fde owner Of the steam
shin 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