The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-04
THE SISAL INDUSTRY DUNE TO STACKABLE B

In his opinion to Collector StaCkabIe
i'm the matter of the Manila cigars land
ed from the SOlaCe and seized and ueld
by the collector Assistant United States
Attorney Dunno thus discusses the SUBJ
iect:
81 am perfectly frank to confess
that at first blush, / was somewhat
favorably impressed with your view of
this case; but subsequent and more
critical investigation has compelled
me to discard my first impressions.
You seek to justify this seizure upon
the ground that the facts develop a
violation of the 18th article of section
1924 U. s. r.. s., but, i'm my opinion,
this Article is irrelevent to the issue
here presented.
From the circumstances, inter ALA,
that you describe these cigars as
Manila cigars, and that you refer me
to II. ID. 2333g, | gather that the mer-
chandise i'm question was brought from
the Philippine Islands; and from your
communications, which are my only
source of knowledge, and which do not
contradict the assertions of the claim
ant 1 gather that the person from
which, at this port the cigars were OBJ
tanned, was a'passanger, and there
is no evidence To show that he was a
person connected with the Navy But
| these facts, i'm my opinion, take this
case quite out of Article II, section
1924 T.. s. r. S. The reasons are OBJ
viOus. l. The facts do not establish
any importation'i 2. They do not es-
| tablish any importation by any per
son connected with the Navy; and Be-.
| They do not establish any Importation
| by any person connected with the
| Navy of any article which is liable to
the payment of duty
you advise me that the SolaCe' is
| a navy vessel of the United states and
not an Army Transport and Article
is of section 1924 Revised Statutes pro-
hibits the importation of merchandise
i'm navy vessels Not only however,
is there no importation here, but I
am compelled to take the liberty Of
| saying that your reproduction of the
! Article and section is not quite ac-
curate. Section 1924 Article -, as all
ready limited, prohibits any person
| connected with the Navy from import
ing dutiable goods i'm public vessels;
/ and as already suggested, no evidence
/ is apparent to me that this passengers
! was a person connected with the
! Navy 1 beg leave to be permitted to
| observe, moreover, that 1 am not aware
| of any statute which authorizes Col
| lectOr of Customs to punish infractiOns
| of this Article, or to punish such in
fractions by seizure of non-dutiable
goods. In my opinion, as at present
advised, violations of this Article linn
the Navy, would be punishable, upon
i proper report thereof to the naval au-
/ thOrities, by the usual method of naval
discipline to wit: by court-marual,
and it would seem that the jurisdiction
of the court-martal is exclusive
After further discussing the standing
of the SOlace, Dunno continues
ct is, however, irreleVent i'm the
. present inquiry because 1 gather, as
above explained, that the cigars in
question were brought from the Philip
pine Islands; and since the Philip
pine Islands have ceased to be a for
eign country, it cannot be said that
these cigars were imported The aC-
B, cepted conception of importation in
wolves the idea of bringing merchan-
disc into this country from foreign
country, just as the accepted cOnCep-
ton of expectation involves the idea
of sending merchandise out of this
country. As to importation we fine
: this conception permeating the Treas
ury Decisions, and as to expectation,
we find the term repeatedly used in 4
sense which involves foreign countries
Il am therefore of the opinion tina
you should detain these cigars unit
the internal revenue stamps shall hav,
been affixed, and then deliver them t.
the claimant G. b. Brown; and you
J are so advised.
VERY respectfully,
"a. j. dunno,
Assistant IT, 5. Attorney