The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-03
A MATTER
OF MEANING
Are Goods From States
imported 2"
THE MERCHANTS SAY NOT
Question Affects Revenues of Ter.
ritory and Courts Will
Decide 1t.

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. 1t
is the result OF a controversy between |
Treasurer Lansing and T. II. Davies & |
Company as to whether the firm should |
pay license for the sale of goods inn
ported from the United States under
the law OF the Republic of Hawaii ex-
acting a license for the sale Of goods
imported from a foreign country.
Should this law be declared unconsti-
tutional il will mean 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-
lie. This section is as follows: the
annual fee for license to sell import
ed goods, wares and merchandise to be
known as a Merchandise License
shall be as follows (giving list of the
various license fees). II it shall be
held by the court that the word i'm
ported shall mean imported into the
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.
Folloving ia the statement of the case
which is to be submitted to the court:
To the Justices of the Supreme Court:
The undersigned, Theodore f. Lans-
ing. as Treasurer of the Territory OF
Hawaii. and acting in it's 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 question II
difference between the parties hereto
that might be the subject of civil ac
ton. and that the parties hereto nave
agreed upon the following statement
J of facts upon which said question de
pends. and have agreed to submit tn
same to the Justices of the Suprem
4 Court, without suit.
4 SECOND: That Theodore f. Lansing
above named, is the duly appointed
!, commissioned and acting Treasurer Q
the Territory of Hawaii, and that Thee
| III
CORPORATION established and existln
under and by virtue of the laws of til
Territory of Hawaii and having II
principal place of business In honour
i'm said Territory and engaged IN u
business of selling imported Soous.
r THIRD: That sales of goods lmpor
ed from foreign countries texcluslVe
the United States) for the year enoil
June 30th, 1900, made by Iheo.
Davies & Company. Limited. amount
TO s661 ,3124s, and that the license
for the year ending June 80, 1901,
fixed by the sales aforesaid oil Soo'
wares and merchandise imported lre
foreign countries, is s2,529.s2' IL l
statute requiring the same Is not
conflict with the constitution OF
United States.
FOURTH: That the sales OF goo
imported into the Hawaiian lsian
from the United States for the ye
ending June S0th, 1900, made py IN
II. Davies & Company, Limit
amounted to s915,601.90, and that
license fee for the year ending Ju
3Oth 1901. as fixed by the sales atores'
of goods. wares and merchandise !
norted into the Hawaiian Islands fr
the United States is S3,4TOO, II
statute recurring the same Is not
conflict with the constitution OF
United states.
FIFTH: That it is claimed by IN
II. Davies & Company, Limited, q
Section 764 of the Penal Laws OF
recurring an annual license fee TOT
sale Of imported goods, wares anu III
chandise. has become null and VOID
virtue OF the Incorporation OF the
vaiian Islands as a part OF the Ohi
states. which claim said Theodore
Lansing. as Treasurer of the Territ
aforesaid, denies.
SIXTH: 1t is agreed by the par
that in case said law is held cons.
tional as TO goods, wares and mercn
disc imported from foreign couhti
and unconstitutional as to goods, WI
and merchandise imported into tne
wafian Islands from the Onlteu ot'
~ s,,1ernent shall be rendered in faVo
I'LL En- Treasurer of the Territory LOT
LA sum of S., 529.92, and in case salu
.hau also he held constitutional
oods wares and merchandise imp
- p ,rto the Hawaiian Islands from
r-,i.ed states. Judgment shall De r
- In favor of said Treasurer OF
territory of Hawaii for the sur
a. e7s 90. and in case said law sha
held unconstitutional both as to 81
wares and merchandise imported
D foreign countries and also from
ITnited states, judgment shall be
cred in favor of Theo. H. Davi
orr Company, Limited.
The parties hereto say that said
troversy is real and that these pro.
Try ings are taken in. good faith 70 q
mine the rights of the parties
I ST. KOOLAU CASES.