The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-25
ANSWER IS
cut OUT
Decision Given in
the Peacock
Case.
DEFENDANT MUST
KNOW THE FACTS
Estee Says lie Should Have Known
Whether He Was an Amer
lean Citizen.

Judge Estee yesterday ordered certain
portions of the answer of w. C. Peacock
in the Julia E. Whalen case stricken
out, rendering a written opinion in the
matter of considerable length. The
court says the case is one of unusual
Importance which is the reason given
for rendering an opinion in writing.
In the course of his opinion Judge
Estee says:
Every man is presumed to know
what country he is citizen of and he
cannot rest material denial on the
ground that he does not know that
fact. Let the second denial be stricken
out" Referring to the oath
taken before Collector Stackable, and
Mr.. Peacock's statement, Judge Estee
says:
This is not denial of any proba-
i've lat III lAS NuoC e'ii0 Ills peNi VI
defendants answer is also stricken out
and all of the allegations in the above
part of defendants answer is allowed
to remain, it would be trifling with pub
lie justice and would create false is
sues to be tried in said cause. De-
PENDANT alleges he supposed and believ-
ed the affidavit signed by him was pure
ly formal What does this mean. Can
a formal affidavit be anything but
truthful affidavit? Let the whole of
subdivision five be stricken out on the
ground that it is shaw, irrelevant and
immateriaI.''
Judge Estee says in conclusion:
So it is provided by Section Abb Re-
vfsed Statutes, that no vessel shall be
deemed a vessel of the United States.
unless duly registered, and such yes
sci must be wholly owned by citizens
of the United States and the officers
of all vessels of the United STATES shall
be citizens of the United States. So By
Section 4133 of the Revised Statutes of
the United States before referred to:
mo vessel shall be entitled to be regis
tered, or, if registered, to the benefits
of registry, if owned, in whole or in
part by any citizen of the United States
who usually resides in a foreign coun-
try, during the continuance Of such
residence, unless such citizen be con-
sui of the United States, or an agent
for and partner in some house of
| trade or copartnership, consisting of
| citizens of the United States actually
| carrying on trade within the United
States
In this case the question of citizen
| ship of the owner of this vessel sought
to be condemned largely controls the
matter involved.
| 1t has long been the law and the
! policy of this Government to register
| all American vessels engaged in the
foreign trade. This is alike important
to American seamen and American
| commerce. The record of all American
vessels is thus found in the customs
departments of the nation, and the rec
| ord primarily shows the ownership of
all such vessels. The law makes this
| record prinla facie correct, and no coll
lateral attack can be made against such
presumption.
| The register of American vessels is
|
and the sailors 1t authorizes the use
] of the American flag and the protection
lof American law, and in doing this our
/ government exercises its sovereignty.
! For instance the American Govern
ment In common with all other civilized
powers, treats it's seamen as the wards
OF the nation. When ships are wrecked,
1t sends the sailors home: when sick,
IL cares for them. In this and in many
respects it is fraternal. but it never
knowingly registers a foreign vessel as
an American ship. nor does it permit a
! foreign ship TO sail under the American
nag American sovereignty on the land
and on the sea means something and
no American or foreigner has ever
hitherto oeen permitted to trife with
the rights of American citizenship. 1t
| IS TOO fallaeious TO bear repeating that
/ TINS defendant did not know what ma
ton ne was a citizen of; lisping A1neri-