Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-12-18
ADVISES SLOW GOING
FEDERAL ATTORNEY GIVES
AN IMPORTANT OPINION
The Collector Of Customs is Recon-
mended 10 Avoid Unnecessary
Litigation in Collection
Of Bonds.

J. j. Dunno. Acting District Attor-
ney. has rendered sage advice to H. X.
Stackable, Collector Of Customs. re-
garding a case reported In the Bulletin
some days ago. The Collector sent the
Federal attorney for collection a certi-
fed copy of the bond of X. Wakabay-
ASH, dated November q. 1901. for six
months, in the penal sum of 5000, with
the Pacific Surety Co. Wakabayashi.
according to the statement of facts.
imported certain merchandise by the
steamer China of November o. a part nl
which was delivered in accordance with
customs regulations. The Collector
had reason to believe that one Of the
unexamined packages contained saki,
spirtuous liquor which was an IL
legal importation under the tariff Act
of July "a. 1897. Accordingly. the inn
porter was requested to return the
package In question to the customs
office, when his broker reported for
him that the contents of the package
had entered into consumption and
that II was impossible for him to COM
ply with the. conditions of the bond.
After transmitting to Mr.. Dunno the
bond with a request to have II prose-
cuted. Mr.. Stackable received letter
from the Pacific Surety Co. which h.
forthwith also transmitted to the Fed.
eral attorney. The company by its at
tOrney. w. !. Robinson, tendered the
full sum Of the bond vt Wakabayashi,
viz. 5000. In his accompanying note
to the Federal attorney. the Collector
said he failed to find any authority Of
law authorizing him to accept the
penal sum OF the bond In settlement Of
the matter. He requested Mr.. DUNES
official opinion as to the proper course
to pursue in the premises.
The attorney of the Pacific Surety
Co. Is quoted as saying in his letter:
'In order to avoid any litigation which
might ensue as a result Of placing the
matter in the hands of the United
States attorney, we herewith volun-
tarily tender and pay over to you the
sum of 5000" etc. He also suggests
the propriety Of referring the matter
to the Secretary Of the Treasury for re-
adjustment.
Mr.. Dunno regrets that the pressure
of the Pearl Harbor condemnation
suits, and OF other matters requiring
immediate attention, prevented him
from replying earlier and from dis
cussiDg the subject matter as fully as
he should wish. 1T seems to me. how
ever" he goes on to say" i'm view OF
\ the tender of the Surety Company
that the acceptance Of this tender
would be productive OF results to the
| Government eq iivalent to those which
would flow from successful prosecu-
ton Of the bond; that no higher satis'
faction to the Government could re-
suit from the proposed litigation than
would result from the acceptance OF
this tender; and that, therefore, a re-
sort to litigation would be vain and
unnecessary. If some good purpose
could be subserved by the proposed liti.
cation, one could appreciate the pro-
priety of its institution. but since the
most complete success of such litiga.
tion could result In no higher advan'
tage to the Government than the col
lection Of this bond, II would seem. In
view of this voluntary tender, thai
the institution of unnecessary lega
proceedings would be at variance will
the spirit and intent which pervade'
the custom regulations. Revenue law!
are to be fairly construed, so as to eff
fectually accomplish the intention o
Congress and secure the observance o
the law; but even revenue laws impos
ing forfeiture for fraud are not tech
nically penal. so as to cail for harsl
construction"
The United States attorney goes OF
to discuss the laws and regulations
holding that "the general spirit Of tn
regulation touching the collection O
bonds seeks to except de
PENDANTS from unnecessary costs an
provides. in certain classes of cases
that reasonable opportunity will b
Afforded obligors to discharge bond
without suit" In conclusion he says
II have the honor to advise you I
accept the tender of the Pacific SURE /
Company conditionally: that Is to sa,
that you should accept this tender sub
ject to the continuation by the Honor
able, the Secretary Of the Treasu .
that you should advise the Pacifi
Surety Company In writing Of tn
qualified character Of such acceptance
and that you should Immediately trans