The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-16
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
SEPTEMBER TERM. 1898.
LINCOLN H. SPENCER T. F. B. McSTOCKER Collector
General of Customs
AlANDANIU>.
Tilted SEPTEMBER 30 1898. DECIDED NOVEMBER l. 1895.

DECIDED NOVEMBER /.
JUDI CD, J. r. D. smLrr>y ESQ BAR
PLACE OF tREAE J., ABSENT
Upon o of
Chapter XXXII applicant may apply
judge OF the Circuit Court writ of manamus directing
application 5 a
claim
cult Judge has jurisdiction of the subject thereof
Republic
joint accepting
the Hawaiian Islands
existing treaty of the United States.
OPINION OF THE COURT BY R. D. sII1IMAN ESQ
This appeal from pro ona decree of the First Judge
the Circuit Court of the First Circuit sustaining demurrer
the applicants petition for alternative writ of mandam
and dsmssng the issued thereon Sep
temher 1898 The Petition shows that Lincoln d. Spencer
native born citizen of the Republic Of Hawaii that July
1898, he became sole Of the ship of Italy by
purchase; that the day certificate of temporary Hawai-
ian Registry of said vessel issued by Hawaiian Consul
Seattle in the State of Washngon that August 1898
formal application duly made by said Spencer the Colcc
tor-Genera of Customs Honolulu Registry Hawai-
vessel and that required oath the the bill
Of sale setting forth how said vessel acquired included
in the application; that said application refused by said
ColecorGenea of Customs because he of the opinion
that Hawaiian Registers could that time be issued The
petition further alleges that the said the time of
filing said petition in the port of Honolulu and that all the
Collector General of Customs duly complied with and
that plaintiff has no adequate remedy at law.
The grounds of demurrer re() That the Court has
jurisdiction of the subject of the action the being
claim against the Hawaiian Governments O. That there Is
defect of the party defendant; and CD That the petition does
state facts sufficient constitute of action Upon
the argument the second ground waived except in far
included in the first We of the opinion that the
application for writ of mandamus the applicants only
in
ton. The Judges of the Circuit Courts in Chambers have
authority issue wri of mandamu directing public officers
fulfil any the duties attached their offices, which may
legally be required of them. An officer of the has
declined alleged be attached his and that
may be legally required of him and further shown that the
refusal such officer do such injury
which the applicant has other remedy Nanfetly if the
Petition forth sufficient of action the applicant
entitled the unless Act NNVI of the of Repub
lie Session of takes from the Circuit Court Jurisdiction
the against the Collector of
his refusal grant application for vessel register The
defendant contends that this application of manda-
suit a claim against the Hawaiian Government and
of the jurisdiction of the Judges of Circuit
Act NNVI of the Laws of the Republic of Civil Laws,
1897 p. 500 remedial Statute enacted avoid
justice of the doctrine that be sued in Its
Courts without its 1t does extend
involving investigation of equitable rights any claims
arising under the laws. 1t has reference only such
claims for the recovery money particularly specified
See Garland RaIstOn Federal Practice Chap. NVI Section
ST. seq where there full discussion Of
the United States Congress We of opinion that the
stated in the Petition does within pur
view of the Statute.
The third ground of demurrer upon the assumption that
the Republic of Hawaii has ceased exist Independent
nation national flag and authority register
and issue certificates of such registration. This Govern
by treaty negotiated Washington June 10th 1897
rendered of the United States of America,
all rights of sovereignty of whatsoever kind III and the
Hawaiian Islands and their dependencies and the absolute fee
and ownership of all the public Government Crown Lands
public buildings edfces ports, harbors military equipments
and all other public property of every kind and description be
r--;-l Ill: IL IL