The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-06-06
MAY have FLAG
Local Registration Laws still in
Force Here.
so SAYS SUPREME COURT
Decision Covering Several App,,oa
tion.-Scops Of Authority Of the
Ctief Customs Officer.

The Supreme Court has handed down
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 F. b. McStocker.
Collector-General of Customs. In the
decision the following points of Law
are brought out:
THE Collector-General of Customs II
not subject to the directions of the
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 a foreign-built
vessel belongs, wheuner any legil I'm
pediment exists to her registry. does
not prevent the Collector General OF
Customs from proceeding TO register
the vessel as 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 arp
part of the municipal legislation OF
these Islands, which was to remain ia
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 enacting such
laws-not to impress vessels with
| national character or to entitle them.
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 States
and other countries, 1t manifested II
general intention to continue our reg
istry laws. 1t 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 ves-
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
cumstances Of these cases, and the de-
crees OF the Circuit Judge overrulius
the motions to quash the returns are
affirmed"
The situation now Is, that II the APP
plicants for registration Of vessels
comply with Hawaiian laws they VIZ
secure the flag. Inc Attorney General
may intervene with challenge OF own
ership claims.
Kinney, Ballou 4 MeClanahan, fH'
petitioner in Euterpe case; ThurstOn
Carter, for petitioner in Willscott and
Falls of Clyde cases; AttOrney-Generat
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-
cant;al IN tie wnrkinp uspl evclusiyelX
for taking coal from ship and dis
charging 1t into the cars of the q. X.
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 rea-
sonable maintenance and operation nj
the read OF the company
Exemptions from taXations are
strictly construed"
This Is victory for the railway over
the tax office.
In the matter of the guardianship Of
Eliza Richard ace Meek. George
Houghtailing, the guardian, has pre-
scented receipt for s62l.25, signed by
said ward. upon filing OF the same has
been released from the duties OF guard
iansiip.
Defendants demurrer has been sus-
10 med In the matter OF Hama ,w) ~
Pioneer Mil Company, and plaintiffs
bin has been dismissed with costs
Plaintiff has given notice Of appeal
through her attorneys, W. q, Smith
and +. NJ, Hatch.