The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-10-05
4 WALLER
of MEANING
Are Goods From States
"Imported2"
THE MERCHANT rs SAY NOT
Question Affects Revenues OF Ter.
rtory and Courts Will
Decide It.

a case which is OF interest To all mer-
chants OF the city who deal In goods
! imported from the United states will
be submitted to the Supreme Court for
decision within the next few days. II
is the result of controversy between
Treasurer Lansing and n II. Davies q
Company as to whether the firm should
pay a license for the sale of goods Inn
ported from the Tn ted States under
the law of the Republic OF Hawaii ex-
acting n license for the SAFE Of goods
imported from a foreign country.
Should this law be declared unconsti-
tutlonal it viii mean "A loss OF revenue
to the Islands of 100000.
The question depends entirely upon
the construction given by the Supreme
Court to the word imported" in Sec
ton 764 OF the Penal laws OF the Repub-
l.c This section is as follows: The
annual zee for a license to sell import
ed goods. wares and merchandise to be
known as a Merchandise License"
shall be as follows giving a list of the
various license fees). If 1t shall be
held by the court that the word inn
Territory of Hawaii then the license fee
may be exacted.
The case is to be submitted to the
court on an agreed statement of facts.
Following is the statement of the case
which Ia to be submitted to the court:
To the Justices of the Supreme Court:
The undersigned. Theodore r. Lans-
ing, as Treasurer of the Territory of
Hawaii, and acting in Its behalf. and
Theo. II. Davies & Company, Limited.
a corporation established and existing
under and by virtue OF the laws of the
Territory of Hawaii respectfully rep
resents:
FIRST: That there is a question in
difference between the parties hereto
that might be the subject of a civil ac-
ton, and that the parties hereto have
agreed upon the following statements
of facts upon which said quest on de-
ponds. and have agreed to submit the
same to the Justices of the Supreme
Court, without suit.
SECOND: That Theodore +. Lansing
above named, is the duly appointed,
commissioned and acting Treasurer of
the Territory of Hawaii and that Theo.
II. Davies e. Company, Limited, is
corporation established and existing
under and by virtue of the laws of the
Territory of Hawaii ard having its
principal place of business In Honolulu
in said Territory and engaged in the
business of selling imported goods.
THIRD: That sales of goods import
ed from foreign countries exclusive of
the United States) for the year ending
June 30th, 1900, made by Theo. II.
Davies & Company, Limited, amounted
to 1851 .312.4S, and that the license fee
for the year ending June 30. 1901. as
fixed by the sales aforesaid of goods.
wares and merchandise imported from
foreign countries, is s2,529.92, If the
statute requiring the same Is not In
conflict with the constitution of the
United States.
FOURTH: That the sales of goods
imported into the Hawaiian Islands
from the United States for the year
ending June 30th. 1900. made by Theo.
II. Davies & Company. Limited.
amounted to 1915, 6Ol.9O, and that the
license fee for the year ending June
30th, 1901, as fixed by the sales aforesaid
OF goods, wares and merchandise i'm