The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-01

IN TIE SUPREME COURT OF THE HAWAIIAN
IN TIE nI>- MAIrEE OF THE APPLIcATIoN OF l. D:
SPENCER FOR A WRIT OF MANDAMUS
AGAINST F. B. McSTOCKER, COLLECTOR GEN
ERAL OF CUSTOMS. Case of the "Euterpe.')
IN THE MATTER OF THE APPLICATION OF G. W.
MACFAItLANE FOR A WRIT OF MANDAMUS
AGAINST F. B. McsTOCKER, COLLECTOR GEN
IN THE MATTER OF THE APPLICATION OF a. NJ.
BROWN FOR a WRIT OF MANDAMUS AGAINST
F. B. McSTOCKER, COLLECTOR GENERAL OF
CUSTOMS Case of the ''Fals of Clyde'O
ArrEALs FROM CIRCUIT JUDGE, FIRST Circuit.
SUBMITTED APRIL 3, 1899. DECIDED JUNE ), 1899.
JUDD, CD, FRrAn AND WHITING, j
Upon petitions returns
n @ M 5 wa hd that the sn5e set the ou m @
WAS not fmpertneht or frivolous CD that certain were
that denial in infOr
Minister of Finance
The refusal of the Minister inquire of the
n s aG s exists her doss
r sister dg9s the eve. s Hawaiian
the annexation of these islands to the United States
OPINION OF THE COURT BY FEAR. J.
These applications for writs of mandamu compel the
respondent to issue certificates of registry for the vessels Eu-
terpe" "Wiscott' and Falls of Clyde respectively
"Euterpe' in decision of the
Circuit Judge:
petitioner alleges in his petition that he is Hawaiian cit
and the soe actual and bona de of the ship called
the Euepe' lying in the port of Honolulu, that said
sci foreign built and acquired by petitioner by purchase
and that there citizen subject of foreign prince
state directly Indirectly by of trust confidence other
@ interested in such vessel in the profits issues thereof
that July 2nd 1898, while the Euerpe lying at the
port of Newcastle N. S. w. he did, Seattle Wash, apply
and receive from the Hawaiian Consul said city tenn
poray register of said ship Hawaiian vessel that A
gust 3d 1898 he, the petitioner, made formal application to
the respondent for Hawaiian register for said ship and that
subsequent the making of said application, he made sub
crbed and presented respondent his affidavit required by
law together with his bill of sale of the ship and the temporary
register above mentioned: and that ON December GOTH 1895
respondent refuses Hawaiian register
for said ship Copies of the bill of SALE temporary register de-
position the made before the Hawaiian Consul Seat
July End, $685. affidavit of the before
notary public in the city the day and the APP
pcaon for register and thereto appended to and
made part of the petition
Respondent in his says
That he satisfied that legal impediment exists
the registration of said ship Euterpe Hawaiian vessel
That said application presented him is insufficient in
and substance him in proceeding register
said ship 'Euterpe Hawaiian vessel
That said oath presented with said application to him
insufficient in form and substance him proceed
ing to register said ship Euterpe Hawaiian vessel
That he denies information and belief that said ship
spencer and that there citizen subject of any foreign
prince directly indirectly by way of trust confidence
otherwise, interested in said vessel in the profits issues
thereof.
s. For further and separate answer he alleges that he
directed by the Minister of Finance refuse pro-
ceed to the registration of said ship 'Eutepe' Hawaiian
vessel and that said Minister of Finance is his superior officer
he subject the direction of the said Minister.
For further and separate he alleges that the
of Foreign Affairs has informed him that he will de-
cline inquire of the representative of Great Britain
dent in the Hawaiian Islands whether legal impeachment
exists the registry of said ship Euerpe Hawaiian
and that without said information he the
registration of said ship.
a further he hat
the 10Th day of August 1885, he has possessed power
authority register any vessel Hawaiian vessel in that the