Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-08

statute is TO ne construed strictly, ana |
the language Is not to be enlarged to |
cover a case standing upon similar
grounds, If the ordinary interpreta.
ton Of the terms would not reach it, |
Now. the ordinary meaning. which we
annex in commercial transactions to !.
the words a vessel bQund on foreign |
voyage Is that II refCss to a voyage to /,
some port or place within the terri. |.
tory and jurisdiction of some foreign
sovereign. We do not restrict the
meaning of the words to voyages car.
riCd on beyond the actual territorial
limits of the United States, in contra.
distinction to voyage on our inland
waters. or to mere COasting navigation
in our sounds and rivers. We should
not call voyage from Boston to New
Orleans a foreign voyage. although a
great portion Of the voyage Is out of
the limits of the United States. In
such a case the terminus OF the voy.
age settles the description. On the
other hand. we should call a voyage
from Boston TO any one Of the west
India Islands, as for example. to Gu
ba, foreign voyage. for the very
reason that one of the tormini of the
voyage for the purposes Of the enter.
prise Is within a foreign territory So
we never speak Of a voyage in the
bank and cod fisheries as foreign
voyage. although in such q voyage ,Io
vessel sometimes may touch at a for.
cign port by? Because the ocean
is deemed the common highway OF all
nations. and foreign to none. 1t is in
no just sense within any foreign juris.
a n
States. % Fed. Cas-. page 6l3.
In the opinion from which this eX.
CCrpt is taken. Mr.. Justice Story goes
at length into the construction OF va.
rious statutes of COgnate character
with those referred to in your report.
and his reasoning is so plain and di.
rect as to be irresistible. | might. in.
deed. rest my views upon this opinion
Of Judge Story and upon the authority
, thereof advise you that the ship Helen
Brewer was not engaged in n foreign
! voyage when she sailed from New
York to Honolulu.
Decisions Since Annestion.
. But the annexation Of these Islands
to the United States has called forth
expressions of opinion involving the
principle in controversy. which are
decisive of this case. On May 3, 1890.
Immediately upon the adoption OF the
} Organic Act Of this Territory, the Bu.
ruea Of Navigation Of the Treasury
Department issued its circular No. 20.
entitled as Treasury Decision 22201
and found in Treas. Dec. iO3. Thi :
, circular. as | read II, makes 1t perfect
ly manifest that trade between the
United States and Hawaii will be car.
. ried on in registered. or enrolled and
= licensed. or licensed, vessels OF the
l United States only" And the circular
t distinctly UIifercntiates such voyages
.. as that Of the Helen Brewer from for.
eign voyages when ii provides that
the regulations governing the coast.
+ ing trade between the great coasting
districts in the United States are ap.
a plicable to the trade between the Isl.
t ands aforesaid and any other portion
+ of the United States" This circular
r took effect on and after June IA, 1900
q and would seem to be wholly inconsist
= ent with the idea that voyage be-
4 tween the mainland and these Islands
e was foreign voyage"
1 But this Is not all This entire sub
t ject matter was very fully and learn
h eddy discussed by the District Court
t for the southern district of New
e York on November 10. 1900. The
same question was made there witt
reference to Porto Rico, as Is made
e here with reference to these Islands
Il The learned Judge observed:
e THE distinction, therefore. between
: foreign voyages, which can be made
S only by registering the vessel, and tue
COastwlse trade in which vessels may
! be navigated under license, Is vital. II
the voyages between Porto Rico and
New York which these vessels were
making under license IN accordance
with the commissioners decisions
were foreign voyages, the vessels and
their Cargoes were liable to seizure
and forfeiture for sailing under license
instead of being registered" Bigley
VS.. New York & II. II. S. S. Co. lOI
Fed. Rep. p. 70.
And the learned Judge held that tue
trade between the United States anC
Porto Rico was not foreign trade" bu
was merely "coastwise trade in which
vessels may be navigated under Ii
cense." Bigley VS.. S. S. Co., lO5 Fed
Rep. "a.
7 InsuIar Gases Decision.
The case in which this opinion was
Il rendered was one of the celebrated in
sular cases, and upon appeal the judg
L ment of the District Court was affirm
ed. In affirming the judgment, it was
A remarked by AR, Justice Brown in de
: llyering the opinion Of the Court as fol
x lows:
Under the commercial and naviga
n ton laws of the United States mer
Z. chant vessels are Invisible into tive
classes-frst, vessels registered pur
suant to Il. S. sec Alb. These mus