The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-06-06
May HAVE FLAG,
Local Registration Laws Still IN
Force Here.
50 SAYS SUPREME COURT
Decision Covering several Apoiica
tions-scops Of Authority Of the
Ctisf Customs Offic.r.

Inc supreme court mas handed ODw,s
a unanimous decision in the case Of the
application OF l.. ID. Spencer. q. W.
Macfarlane and A. NJ. Brown for wri,
OF mandamus against r. u. McStnker.
Collector-General Of Customs. In the
decision the following points of Law
are brought out:
The Collector-Generalo Of Customs IL
not subject to the directions Of tts
Minister Of Finance in the matter Of
the registry Of vessels.
THE refusal Of the Minister OF Fl
nance to inquire Of the representative
Of the nation to which foreign-b built
vessel belongs. wherner any legal i'm
pediment exists to her registry. does
not prevent the Collector General of
Customs from proceeding to register
the vessel as a Hawaiian vessel.
THE registry laws Of Hawaii were
not abrogated Immediately upon the
annexation of these Islands to the
United States"
The matter in question was for ap-
plications for writs OF mandamus to-
compel the respondent to issue certid-
Gates OF registry for the vessels Eu-
terpe, Willscott and Falls of Clyde
THE Hawaiian registration laws are.
a part Of the municipal legislation al
these Islands, which was to remain in
force temporarily by the terms of the
Joint Resolution Of Annexation. The
main purpose of registry laws is to en-
courage the trade, navigation and ship
building of the country snacting such
laws-not to impress vessels with a
national character or to entitle theu
to protection as national vessels. Con
gress manifested no particular inten-
ton to abrogate our registry laws I'M
mediately upon annexation. On the
contrary, by continuing Hawaiian GUS
toms relations with the United State:
and other countries, 1t manifested a
general intention to continue our reg
istry laws. It certainly did not intend
to annul the registers OF all vessels
then registered under our laws. The
registration Of other vessels thereafter
would not make them American YES
sells or entitie them to the privileges
Of American vessels.
In our opinion, the denials OF the
respective petitioners sole ownership
are sufficient in form under the cir
of these cases, and the de-
crees OF the Circuit Judge overrulins
the motions to quash the returns are
affirmed"
The situation now Is, that II the ap-
plicants for registration Of vessels
with Hawaiian laws they WIZ
secure the flag. The Attorney General
may intervene with challenge Of own
ership claims.
Kinney, Ballou & McClanahan, for
petitioner in Euterpe case; Thurston 4
Carter, for petitioner in Willscott and
Falls Of Clyde cases; Attorney General
Cooper for respondent in all cases
In the matter Of the appeal from as-
sessment of the coal hoist Of the o. X
and l.. Co., the Supreme Court has
handed down a decision stating that
I'VE consider that it is properly with
in the exemption from taxation, being
fairly necessary for the reasonable
maintenance Of the railroad"
"A structure, with the machinery es-
sential to its working, used exclusively
for taking coal from ship and dis
charging 1t into the ears OF the .. k.
and l.. Co., to be delivered to purchas-
ers along the line Of the company. Is
properly within the exemption from
taxation, being, In the words of the
Statutes, fairly necessary for the rca-
sonable maintenance and operation oi
the road of the company
Exemptions from taxations are
strictly construed.
This Is a victory for the railway over
the tax Office
In the matter Of the guardianship at
Eliza Richard, nee Meek, George
Houghtailing, the guardian, has pre-
scented a receipt for sG2i,25, signed by
said ward, upon Ming of the same has
been released from the duties Of guard
lanshlp,
Defendants demurrer has been slIE-
tained IN the matter OF Hama IwJ "
Pioneer NH Company aud PLAINTIFF
blll has been dismissed with c0sts
ilainlln has given notice of appeal
through her attorney W q. smith
aud A. Al Hatth