The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-17


sembled leather in any event. He said
that he had some doubts as to the ad-
instability Of evidence at this time, but
would make the offer.
Mr.. Dunno objected to the introduc-
ton OF evidence. contending that this
was an action purely for the review Of
the proceedings of the General APP
praisers at New York, and was not an
original hearing in any way. He said
that the court here did not sit on an
appeal to see whether these shoes are
what they seem, but simply to weigh
the evidence already introduced.
Mr.. Fitch replied that there was sonl,.
confusion IN the law and that previous
ly it had been the custom to take such
matters before a jury. He said the
Appraisers had failed to forward the
evidence of the proceeding held before
them, and the importers could not be
held responsible for any shortening of
a United States official.
This court cannot take oral testi-
mony," ruled Judge Estee, but you
are entitled to the record of the APP
praisers.''
Hamano's counsel replied that the
order for the evidence hau been sent to
New York, and the failure of the ap-
praisers to comply with it should not
be used to delay the trial. but the Unit
ed States should proceed with the hear
ing
The court replied that the Unitea
States could not be held responsible for
the faults of its officers
Il will ask an order then for the
General Appraisers of New York to
come here and to take testimony" salu
Mr.. Fitch.
But ] don't think can do that re-
piled Judge Estee; chose men can't be
compelled to leave their business and
travel five thousand miles on account
of a pair of slippers"
Mr.. Fitch here quoted a section from
the statutes showing that the apprais-
ers could be compelled to take further
testimony upon an error of court. He
said that they went to New Orleans
and other faraway places and he saw
no reason why they couid not be
brought here.
How would it be to send your wit
nesses to New York." suggested the
court.
Its easier for one man to come here
than for the witnesses to go to such
expense in making trip to New
in not making up the record, and not
due to US. We are entitled to further
testimony under this law"
IF you want the record / will make
an order to have it sent here, but
haven't any power to enforce an order
to compel the appraiser to come to
Honolulu
81 want the appraiser here" insisted
the attorney. He will be glad to come
no doubt, and I will ask that an order
be made referring the case to the ap-
praiser for the hearing of further evil
dence."
There was some disposition to dispose
of the matter at once, and the court
was given the slippers to examine for
himself.
I'm the face of the dictionaries and
law books, 1 don't see how they could
have decided that this leather was
said Mr.. Fitch, when the
court interrupted
I'm with you on that point, SO there
is no use protesting"
Mr.. Dunno made no objection to re-
ferring the matter to one of the gen
eral appraisers at New York, and the
order viii contain nothing as to wheth-
er he should come to Honolulu or the
witnesses go to him. The counsel for
the appellants are certain, however,
that the appraiser will be allowed to
make the trip to Hawaii, as there are
other matters requiring his attention.
The hearing of the Hamano case was
continued until some fur
Their action is necessary, and the APP
praisers are heard from again.
The amount involved in this case is
said to be from $1,000 to $500, but all
the importers of such goods are inter-
ested in the suit, and are paying the
expenses of the proceedings. as they
wish this made a test case. The court
room was filled with Japanese mer-
chants and shoemen, who from their
puzzled looks evidently didn't under
stand the courts order.