The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-06-22
FIRMS PAYING DUTIES FEEL
GOOD.
See in Treasury Ruling the Restitution
of Their Gold-what Newlands Reso-
luton Says About 1t.

The despatch from washington, pub
lished yesterday, stating that the
treasury department had held that no
drawback could be allowed on mer-
chandise shipped to the Hawaiian ISL
ands since the passage of the Newlands
resolution in 1898, has very much pleas
ed certain dealers of Honolulu who
paid duties after that time under pro-
test. The dealers claimed that Hawaii
became American territory upon the
passage of the resolution referred to,
and that they should not pay duties
on goods arriving from other parts of
the United States. The matter was
brought before the Hawaiian Supreme
Court, but the decision was against
them. Since that time the dealers have
pressed their claim at Washington, al
though not actually bringing the mat
ter to the attention of the courts.
Their theory is that if Hawaii after
July T. 1898, was not such distinct
sovereignty as regards the United
States, as to entitle American exporters
to drawback on merchandise shipped to
Hawaii, it was not such a distinct SOW
ereignty as would authorize it to col
lect duties on merchandise brought
here from the United States.
On the other hand, those who do not
see in this decision a chance to get their
money back point out that the New
regulations with the United States and
other countries shall remain unchang-
ed; and not that the customs regula-
tiOns of the two countries shall remain
unchanged. That is Hawaiian Customs
laws remaining unchanged, authorized
the collection of the duties here, But
the distinct sovereignty of Hawaii be-
ing lost there would be no authority
for allowing a drawback on goods
shipped from the mainland to Hawaii
That is Hawaii,s regulations were un-
changed, but the United States regu-
latiOns were.
Il feel, and our correspondents on
the mainland feel that the action of
the treasury department in regard to
drawbacks has an important bearing on
our case" says one of the claimants for
duties paid under protest. while the
effect is not open and direct, it is hard
ly reasonable to think that the conclu-
sion should be one way on drawbacks
and another way on a straight queS-
tion of duties on goods. The way we
look at it, we will get our money back
OF course the matter will still be sub
jeCt to treasury ruling, but it looks as
though the treasury department has
accepted the opinion of the Supreme
Court as it's guide and that the matter
is practically settled"
1t is understood that the largest claim
in is by Peacock & Company This is
for nearly $3.50, ,000-lacking a few dol
lars. The next largest, which is about
$4,000, is by Lovejoy d Company.
Other protests were made but We're moi
followed up and it is doubtful that the
persons interested in them will ever be
able to recover. 1t is generally admit
ted that persons not protesting at all,
but calmly handing over their money
to the collector, will never be able to
recover a dollar.
The money collected on American
goods during the period referred to was
a little over $2,100000. 1t was taken in
during the TRANSITION" period, as the
months between the passage of the
Newlands resolution and the admission
of the Territory is sometimes called.
The authority for collecting the duties
was contained in the following section
of the Newlands resolution:
Until legislation shall be enacted
extending the United States customs
laws and regulations to the Hawaiian
Islands, existing customs regulations
of the Hawaiian Islands with the Unit
ed States and other countries shall re-
main unchanged"
OF the matter Collector StacklDle
says: IF we admit that the claims Oh
the firms for return of duties are ten
able, the question arises Who is II
pay?' Certainly the United States gov
ernment is not going to pay, certainly
the Territory of Hawaii is not going Z
pay. Neither is the responsible parry
"As a matter of cac., the Newlands
resolution disposes of the whole mat
ter. Under that, we were instructed t,
proceed under the old Hawaiian Gus
toms laws until Congress gave us othel
laws. AS collector of customs under
the Republic. of Hawaii | did that.
| received no other laws until June ID
| 1900, since when the new laws have
been in effect"
Mr.. Stackable said he had not YET
| received from the treasury depart
ment the instructions regarding draw
backs. Swapping his finger, however
he said:""I would not give that for the
claims of the firms for return of duties
The thing is preposterous and impos.
sible. l cannot see for the life of ms
any basis for the claims at this time
The court here ruled them out and
have heard that they failed to stick IL
the United States courts"
ITO'S MOTHER ILL.
YOKOHAMA, June 1.-THE mother
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