Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-26
Jurisdiction Of the Board Of classifca.
tion-Goods from Hawaiian
lelande

tion-Goods from Hawaiian
Islands.
sdiction-Jurisdiction is the pow.
er to hear and determine the sub
ject-matter in controversy between
parties to suit; to adjudicate or
exercise any judicial power over
them"
Goods from Hawaiian Islands - The
Board Of Classification has no ju-
risdictiOn in a case relating to a
cargo of merchandise brought
from the Hawaiian Islands to San
Francisco after the passage Of the
act providing a government for the
Territory of Hawaii, approved
April 80. 1900 (31 L. S. Stat. 14D.
--Tnsular Tariff Cases C1S2 U. s.
221) followed.
Fischer, G. A., dissenting holds:
1. That where the sole question
raised in a protest is as to whether or
not the merchandise has been import.
ed the Board of General Appraisers
has no jurisdiction.
2. That where two questions are
raised. one as to whether the merchan.
disc has been imported and the other
as to the value of the goods or as to
the rate and amount of duty assess.
able thereon, the Board has jurisdic.
ton.
Before the United States General APP
praisers at New York, March l.,
1902.
In the matter of the protest ,4G729b-
46l5, of ne Judson Manufacturing
Company. against the decision OF
30 at
Francisco. Cal. as to the rate and
amount of duties chargeable on
certain merchandise, imported
per VIM. II. Dimond. and entered
! September 1, 1900.
| Opinion by Somerville, General APP.
praiser.
The merchandise in question con.
sists of 100 tons of old scrap iron
brought from Hawaii into the port OF
San Francisco August 80, 1900. The
collector treated the goods as dutiable,
and imposed the rates provided for
such merchandise by the tariff act of
July "a, 1897. He cites as authority
for this action section SO of the act OF
April 80, 1900, entitled IAN Act to pro
vide a government for the Territory
of Hawaii" (31 U. S. Stat. p. 14D.
Various claims are made In the pro
test as to the proper classification OF
the goods under the Dingley Tarifi
Act of 1897, which need not be consid
cred at length. One of these claims
is to the effect that the goods are free
of duty on the ground that the Hawaii
an Islands are part of the United
States. and that no duty can be I'm
posed on merchandise brought from
one port to another port of the United
States. The preliminary question TO
decision resolves itself into one purel!
of Jurisdiction, viz. Has the Board o
Classification of United States Gener
al Appraisers the authority to pass Of
tie classification or dutiable characte
of merchandise brought from Hawai-
into the port of New York since tn
passage OF the act of April 80. 1901
providing a government for said e
ritory (supra)?
Right Of Jurisdiction.
Jurisdiction Is THE power to hea
and determine the subject.matter 1
controversy between parties to suit
to adjudicate or exercise any judicie
power over them; and II is inmate
rial whether the want or excess @
power is objected to by party, or be
comes apparent to the court. In eitf
err event 1t would decline jurisdiction
and proceed no further in the actor
except to dismiss the case. Estate O
Rhode Island VS.. State of Massachr
sets, ~ Pet, 657, no Before declir
ing Jurisdiction, however. in any case
court or other tribunal must nece'
sarily examine the record, and 4
many cases the testimony, with tn
view of determining as a preliminar
question, whether the subject.matte
in controversy between the parties t
the suit falls within the purview c
the statute creating such court or TT
bunal and prescribing the character {
cases which 1t may have legal autho
ity to decide.