The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-01-06
-AEEDASIMMIGRANTS "A HERO OF HAWAII
ALIEN AND DESERVING SAILORS
MUST PAY.
Rule Has Been in Operation Here Since
Last Year,-The Ships Pay When
Men Desert.


Under date Of December q, a dispatch
from San Francisco states that Com
missioner General Of immigration Pow
derby had informed Collector Stratton
of San Francisco that alien sailors
signed for ports Of the United States
and not for the voyage or who were dis
charged at ports of the United States,
must be considered alien immigrants
even though they ship Immediately on
some other vessel. The question came
up, It was stated, through an appeal
made by the Pacific h4ail Steamship
Company from Commissioner Norths
decision that 81 head tax should be coll
lected from each of such seamen.
The San Francisco dispatch is in err
ror when it states that the ruling arose
out of the Pacific Mail case, for it was
originally brought to the attention of
the Treasury Department last August
by Collector Stackable of this port. The
occasion was the desertion of seven
sailors from the bark Sea King, which
was in port from Newcastle. When the
sailors deserted, Collector Stacltable
took the stand that they were to be
considered as alien immigrants and so
levied a tax Of 81 head on each,
against the vessel. He wrote to the
Treasury Department asking for a
ruling on this point however. The mat
ter was evidently turned over to Mr..
Powderly for the latter's consideration
also, and subsequently the acting soli-
citor of the Treasury gave out the fol-
lowing decision affecting the case:
This rule is a prudent one Creferring
to Collectors StackaDle's stand) and
he should be encouraged in carrying It
out In the particular instance he cites
he seems to have properly exercised his
duty as collector upon the reasonable
presumption that the deserting sailors
were in effect, alien immigrants a.,
sailor by the act of desertion does
not necessarily cease to be sailor any
more than a soldier ceases to be a
soldier by deserting from mis- regiment
Either may be arrested and returned to
duty. If however, the sailor is not ar
rested or returned to uuty but is per-
mitted by the master of the vessel to
go free, then he cannot claim any an
munity or protection as a sailor anL
may be considered, if he chooses to re-
main in this country an immigrant to be
inspected and dealt with by the proper
authority as any other emigrant. AnC
there is nothing in the facts of his vic,
lation of contracts as a sailor and de.
serting his ship that would commend
him for citizenship in the United
/ States"
| In this opinion the acting solicitor
calls attention to the fact that the Unit
ed States District Court in the case o
Anderson VS.. Burke has held that i
would be unjust to apply the immigra
| ton laws to bOnifide sailors of alieI
vessel plying to American ports, sailor
| who had no other residence than on tn
! sea and who were in port one day an,
gone the next
/ Since last September, when the rulinl
was received by Collector Stackable ,h
| has enforced the rule against sailors
| leaving vessels at this port. Wheneve
a sailor deserts a ship, the tax of S
a head is collected from the ship, bu
when a sailor is discharged he is re
quired to pay the tax out of his owl
! money. The rule has to be applied t.
aliens for the reason that it is impossi
bic to determine whether they intend t.
ship from "ere or will remain an in
definite period