The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-23
"A VERY HARSH LAW.
CONDEMNATION OF SCHOONER
KAWAILANI
United states Judge Estee Explains
the Reason For the Severity in In
ternal Revenue Statutes.

The severity of the law i'm the case OF
the schooner kawallani, condemned on
account of two gallOn demiJOhns of
okolehaO being found on board her
has OCcasiOned no little comment. In
passing on the case Judge Estee refer
red TO this feature of the statute as
follows:
"A consideration of the facts that in
fluenCed Congress i'm the passage of
these laws apparently 50 harsh in their
nature, enables us to appreciate the
necessity for the same. The many
opportunities afforded to eVade the
internal revenue laws and the numer-
GUS violations thereof doubtless induc-
eG Congress to pass these stringent
measures so as to not alone punish
the guilty trespasser against the law,
hut also to impress upon the owners of
property the necessity for a vigilance
in the selection of their agents or les
sees, or those to whom they intrust the
same, that the property may not be put
| to Illegal purposes In the making of
these laws, Congress trusted to the
strong sense of self-prOtection that
aCtuates men to impress upon them by
these very laws a prudence and a vigil
lance that would be factor in the pre-
ventiOn of many of these frauds upon
the government,
Thus in the case of the United
States VS.. Two Horses, (Fed. Case No.
16,57S) the court said: The reason why
this express provision was made in re-
spect to the forfeiture of things used
in removing spirits contrary to law
was to link the fate of the vehicle
with that Of the article conveyed in or
der to deter parties from putting their
,-.l, al h., Il &C.
would be likely to use them for pur-
poses OF fraud. 1t is expected that
the owner of property will see to the
uses made of it at his peril
THE courts have nothing to do with
the character or policy of these laws;
the single duty of the court is to en-
force them. In pursuance of that duty,
the court holds in this case that from
all the testimony presented okolehao is
distilled spirits and a most dangerous
intOXicant; that this liquor is okolehaO;
that it was made in this Territory;
that it was illicitly manufactured and
has paid no internal revenue tax, and
that Captain Moses knew these facts
when he secreted it on board the
schooner Kawailani; that the deposit
ing, secreting and removal of this Ii
Quor on board his said vessel was done
with intent to defraud the government
OF the United States of the tax du4 up
on it. No testimony appearing to the
contrary the court will presume that
from all the circumstances, surround
ing the case, the liquor was distilled
since the annexation of the territory by
the United States, and that in any
event it was liable to the tax prescrib-
ed by the laws of the United States"
The amount of the sentence is $3.50.
This is amount of the bond put up and
accepted, for the schooner. The court
here had no option but to condemn the
vessel, which amounts to fine of 81
$50. An appeal to Washington for miti-
cation may be made and will receive
endorsements of many connected with
the case, as this is the first case of the
kind here