The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-25

|NV|OLATE
Stackable Need Not
Tell About His
Office.

The Collector of Customs is not re-
quired to divulge the secrets of the
government under the ruling made yes
terday by Judge Estce in the Peacock
matter. On cross-examination Judge
Highton asked Collector Stackable
where he had first obtained the in
formation that w. c. Peacock was not
jected and the court upheld the objec-
ton. ruling that no government official
could be required to divulge the secrets
of his office. The rule. Judge Estee
held to apply to all government officers,
though in this instance he stated that
the answer was not material in any
event.
The hearing was conducted under the
regular rules of evidence and excep-
tons were taken as usual to the rulings
of the court, though they are of no
value. as there is no appeal after the
Secretary of the Treasury gets through
with the case.
W. c. Peacock was the only witness
called by the petitioner and he related
in detail the facts alleged in the petit
ton. Judge Estee refused however to
allow any testimony of Peacock's
knowledge of the law. saying that it
made no difference whether he was
acquainted with the statutes 'or not.
There was the same ruling as to Pea
cocks opinion as to whether the Or
ganic Act made him a citizen or not,
though he was allowed to state that
he had received no pecuniary benefit
from the American registry of the YES
sci, and that it had damaged no one.
on cross-examination Mr.. Breckons
4,~fa TO- md out hot ,ay-
tended to appeal as to. the other case,
claiming that he should not appeal from
an inflicted penalty, claiming it was
invalid and at the same time ask
remission of a penalty which he admit
ted was incurred by him. Peacock re-
piled that he would be guided by coun-
sci in the matter. Breckons claimed
that the petitioner had been evasive all
along and had shown no regard for the
rights of the government
Mr.. Peacock further testified that he
thought he had registered the vessel in
San Francisco, and that he did not
know what he was signing, as he had
not read it over. Breckons claimed
that the vessel was purchased for the
Marcus Island expedition, and her own
ers were willing to do anything to bring
her under the protection of the United
States flag and get it's benefits. Wit
ness further said he had first learned
that an American vessel must be owned
by American citizens on July 10th when
Captain Rosehill informed him of the
fact. He then intended to notify Col
lector Stackable of the fact when he
was told that Stackable was "a quarrel
some and meddlesome person and would
only make trouble" He later said that
Stackable had advised him in a friendly
manner to take out formal registry pa
pers, as under the San Francisco regis
try she was liable to confiscation If
compelled to put into a foreign port in
case of stress of weather.
Collector Stackable and Special Depu-
ty r. c. Stackable both went on the
stand and told about the oath taken by
Peacock. There was no argument, and
Judge Estee will simply make a state
ment of the evidence, and forward il
with all the papers in the case to Sec /
rotary Shaw at Washington