Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-27
STA(KADIE MISTAKEN
ACCORDING TO THE
STORY CT DERRICK
Captain Was Notified BY Man In
Boat That KOlOa Was Right
Port and he Acted
Accordingly,

Captain DERRICK Of the American
barkentne Kohala VINO was notified
by Collector Of customs StaCkable the
other day that he was liable to a fine
of $500 for violating Section 2772 of the
Revised statutes lentering other than
a port OF entry. has fled protest with
the customs authorities, declaring that
he did not enter AZ Eleelc, as charged
by Collector Stackab!e.
Captain DERRICK proceeded from
Newcastle, Australia 10 Eleele. with a
load of coal. when within six miles OF
Eleele, he was notified by Mr.. Mac
donald, in charge OF the Eleole landing,
who went out to the bdrkentine in a
small boat. that Euloa was the port OF
entry and that the KOhala would have
to 20 to koloa. lhG:eupon Captain
DedriCk took his vessel to Koloa. en-.
tered at the custom -ouse. secured per.
mission from the deputy there to dis
charge at Eleele and went to Elcele
and made ready TO discharge.
As exclusively published in yester.
Nhs > lbllA'AaI, 'li'' WI 0lbfkdDlf nb
tilted Captain DERRICK that he had in.
fringed the customs law and that ho
was liable. The following is Captain
Deddick's answer ara is sClf-eXpana
tory:
Honolulu T. H., May g, 1902
To Honorable Z. z. Sta,kable. Collec
tor Of Customs District of Ha
waii Port OF Honolulu.
Sir:-I most respectfully beg to ac.
knowledge the receipt of yours under
date Of l7th inst. so. lGI. informing
me that am. NJ master OF the Amcri
| can barkentire K la, liable to pen
atty in the sum OF $500 incurred by rca
son Of violation OF Section 2772, Il. S.
that Is. namely: for proceeding direct
ly from Newcastle, n. s. w. TO Elcclc
Kauai, place not a port of entry IL
| this customs district" And further L
the effect that If the fine be not pal,
within ten days Of the receipt Of your,
the matter will be placed in the hand
Of the United State Attorney for col
| lection.
In reply thereto. desire to say tina
| have had to leave my vessel In Charg
OF the mate, at EIeele, about ITO mile
distyit from this port, Honolulu. t
proceed here at an expense of SIS II
order that the matter Of alleged viola
ton Of Section 27T2. II. S. be placed II
a true and proper light before you.
The facts OF this matter are as fol
lows:
list. most emphatiCally deny tina
the said vessel Kohala whereof al
master, proceeded from Newcastle.
S. W., direct to E.eele in violation {
said Section 2772 X. s.
I'd. That the said vessel did procee
direct to port Of entry, to wit-Kolo
and then and there said vessel wa
duly and regularly entered accordin
to law on the 10th day OF May, 1902.
Sd. That after having complied wit
the law regarding the entrance of YES
sells from foreign ports, then an
there first GAINED permission fror
the deputy collector at that place t
proceed to Eleele and there discharg
cargo OF coal. and on the same da
proceeded thereto, arriving at Elecl
the 18th inst
However. will state that was o
Eleele about q distance of six miles q
more when a whale boat was notice
coming towards the vessel while sal
vessel was under full sail. cause
the vessel 10 be hove TO in order to a.
certain the cause OF this whale boa
making for my vessel. After Will
the boat came within hailing distanC,
a Mr.. Macdonald OF Eleele Landin
was in this boat end said the place "
were off was Eleele and that Kolo
was the port Of entry and that mus
first call at that port in order to entt
ship before coming to Eleele; ther,
fore in view OF this information | kel
on my way TO Koloa, arriving there;
on the 10th inst at p. m. and wei
ashore and entered my vessel aCcordin
TO law.
In conclusion viii say that If | hay
violated the provisions of section of Ia
you cite. ! am unaware of such viol
ton for the reasons hereinbefore me-
toned.
Attached hereto am pleased to haI
you The affidavit of myself and fire of
Ger marked exhibit A, also copy
letter to Mr. F. NJ. Swanzy of Theo.
Davies 4 Co., Ltd. from Mr. Stodal
the manager OF the McBryde sug
plantation at Eleele to corroborate Il
statements.
Trusting you will see your way Gle
to reconsider your action to the eI
that no fin> be imposed, there being
violation of law as you allege.
Respectfully submitted,
+. X. DERRICK,
Master OF the American bktne. KohaI