The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-05-27
THE COLLECTOR
AND HIS PENALTY
FINED KOHALA'S MASTER FOR
OFFENCE NEVER COM
MITTED
CAPTAIN DEDRICK SOAKED"
FIVE HUNDRED.
Was Thought to Have Failed to Enter
Vessel From Newcastle at Koloa,
When He tid So.

Vessel From Newcastle at Koloa,
! When He bid So.
! on May II, letter was addressed to
! Captain f. X. Dedrick. master of the
barkentine Kohala, by Collector Stack
able notifying the master that he was
! liable to a fine of $500 for having violat-
ed Section 2772 Revised Statutes, by
failing to enter his vessel at Kolo.. the
port of entry for the island of Kauai
and instead going to Eleele from New
castle.
Captain Dedrick was further notified
that if the amount of the fine was not
forthcoming within ten days after the
receipt of the letter, the matter would
be placed in the hands of the United
States Attorney, for collection
When the news of this fine of the Ko-
hala first became known here, it was
supposed that the skipper had got IN
against" one of the multitudious tech
nicalities of the American shipping laws
and woulu probably have to check up
| the fine to profit and loss, If it was
| not reduced by the Treasury Depart
ment. 1t was not known, until yester-
day that the Captain had not been
guilty Of any such break at all. but
had complied in every respect with the
.
swer which he sent to the Collector
will show.
| most respectfully beg to acknowl-
edge the receipt of yours under date Of
18th inst, No. 36l, informing me that |
am, as Master of the American bktn.
Kohala, liable to a penalty in the sum
of Five Hundred dollars C$50O), incurred
by reason of violation of Section 27I2, r.
S. that is namely: for proceeding di-
rectly from Newcastle, n. S. w, to
Eleele Kauai, a place not port Of
entry in this Customs district" And
further to the effect that If the fine be
not paid within ten Q0) days from the
receipt of yours the matter will be
placed in the hands of the United States
Attorney for collection.
In reply thereto, desire to say that
have had to leave my vessel in charge
of the mate, at Eleele, about 110 miles
distant from this port, Honolulu, to pro-
ceed here at an expense of seventy-five
dollars, t$75), IN order that the matter
of alleged violation of Section 2772, r.
5. be placed in true and proper light
before you.
The facts of this matter are as fol-
lows:
l. l most emphatically deny that the
said vessel 'Kohala," whereof / am
master, proceeded from Newcastle. ~
S. W., direct to Eleele, in violation of
said Section 2772 r. S.
2. That the said vessel did proceed
direct to port Of entry to wit -Koloa
and then and there said vessel was
duly and regularly entered according to
law on the 10th day of May 1902.
3. That after having complied with
the law regarding the entrance of YES
sells from foreign ports, l then and
there first obtained permission from
the Deputy Collector at that place 10
proceed to Eleele and there discharge
cargo of coal, and on the same day pro-
ceeded thereto arriving at Eleele the
11th inst.
However l will state that | was off
Eleele about distance of six 90 miles
or more when whale boat was noticed
coming towards the vessel while said
vessel was under full sail. / caused the
vessel to be hOved to in order to as
certain the cause of this whale boat
making for my vessel. After while
the boat came within hailing distance.
A. Mr.. Macdonald of Eleele Landing
was in this boat and said the place We
were off was Eleele and that kOloa was
the port Of entry and that | must first
call al that port in order to enter ship
before coming to Eleele therefore IN
view of this information | kept on my
way to kolOa, arriving thereat on the
! 10th inst, at p. m. and went ashore
and entered the vessel according to
| law.
In conclusion will say that if have
violated the provisions of Section
of law you cite, / am unaware of such
violation for the reasons hereinbefore
mentioned.
Attached hereto | am pleased TO hand
you the affidavit Of myself and first
officer marked exhibit A, also copy of
letter to Mr. f. NJ. Swanzy of Theo. II.
| Davis & Company, Ltd from Mr..
Stodart, the Manager of the McBryde
/ Sugar Plantation at Eleele to corrobo-
| rate my statements.
! Trusting you will see your way clear
| to reconsider your action to the end
| that no fine be imposed there being no
| violation of law as you allege.
Respectfully submitted,
f. X. DEDRICK,
| Master of the American Bktn. KOhala