The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-16
(From Saturdays Daily.)

migration law came before Judge E3-
tee yesterday morning. A. s. Hart
well, w. o. Smith, A. Lewis and II. A,
Bigelow appeared for the plea. and c.
r. Hemenway and J. A. Matthewman
plaintiffs attorneys, opposing. Dis
trict Attorney Breckons was present.
E. r. Stackable, collector of customs
was the first witness called to support
the plea. To Mr.. Hartwell he said
there was no commissioner OF immigra-
ton for Hawaii at the port of Homo
lulu. Cross-examined by Mr.. Matthew
man on this point, he gave as reason
that IL there was a commissioner of i'm
migration here the collector of customs
would have nothing to do with immi-
grafton. If ever such a commissioner
were appointed the collector would be
notified Immediately.
Directly examined again, Mr.. Stack
able said he thought various statutes
gave authority to the collector to at
tend to immigration matters. He had
received authority from the Treasury
department to appoint a board Of IN
quiry, but did not have the writings
with him. The court instructed him
to fetch the documents in the after
noon.
Mr.. Stackable, objections being over
ruled, gave the names of members Of
the board of inquiry be appointed in
the year 1900, saying they were APP
proved by the Treasury department on
July IS, 1900. Changes had taken place
in it's composition and, when the Ko-
reans, who are the subjects of these
suits, We're admitted, the board was
nf Jnhn w Short X
Brown, Raymond c. Brown, Albert c.
Ridgway and NJ H. Drummond.
Mr.. Matthewman objected that this
was not proved to be a board of spe-
cial inquiry as required by the statute.
Judge Estee sustained that objection,
pending the production of proof, say
ing to Mr.. Hartwell:
"To make out your plea in bar you
must prove that a duly appointed
board of inquiry passed upon the iden-
teal cases before the court"
Mr. Matthewman objected to evil
dence of the boards transactions be-
cause witness was not member Mr.
Stackable stated that he had to pass
upon the report of the board.
Mr.. Hartwell quoted the replication
of plaintiff where he admitted the ac-
ton of a board of inquiry, and argued
that the only question on this point
was whether any exceptions to the
boards decision were filed at the time.
Judge Estee sustained the objection
that the records We're the best evidence
on the point and directed the witness
to bring them in also at 2 o'clock
Mr.. Stackable doubted whether the
regulations of the department did not
forbid his producing Of the records,
and said before he brought them he de-
sired to consult the District Attorney.
The court made the order stand. sub
ject to legal cause shown why the rec
ords should not be produced.
j. X. Brown, inspector of immigra-
ton, was called only to have the usual
objection made that documentary in
stead of oral evidence was required.
Mr. Matthewman said that it was only
list" and not a board which had
been shown. Witness thought he could
find letter from the Treasury Depart
ment directing him to serve on the
board of inquiry, and he was directed
to fetch it at . o'clock.
Mr., Hartwell read from a Federal de-
cision on California case to show the
fled. The court remarked that a COM
mission was not necessary as an eX-
hibit of authority.
Mr.. Matthewman also quoted law and
while admitting that a whole line of de-
cisions held that the decision of an inn
migration inspector was final, contend
ed that the respondent must show the
authority of the alleged board of in
quiry.
Mr.. Hartwel answered that he had
only quoted a decision to show the au-
thority of this witness.
IF they set up plea in bar that
they acted under the statute of March
10, 1885," Mr.. Matthewman returned,
they cannot shut us out from requir-
ing them to prove it."
Well" Jude Estee commented. the
court holds that way. 1t cannot be
supposed, though, that the Secretary of
the Treasury came here in person and
appointed this board"
Objection was made to the question
If the board examined the Koreans who
arrived in March last At this the
court took hand and asked some
pointed questions. Witness said Mr.
Bishop was examined by the board as
to whether the Koreans had been
brought here under contract. He did
not remember If he was sworn, the rec
ords would show that.
Judge Estee sustained the objection
holding that respondent must prove the
authority of witness before examining
him as to the boards proceedings, and
at li:i5 ordered a recess till p. m.
AFTERNOON SESSION.
Collector Stackable was recalled al
the opening of the afternoon session
He exhibited the notification by the
Treasury Department of his appoint
ment, his commission signed by Presi'
dent Mckinley and correspondence be-
tween himself and the Treasury De-
partment regarding individual appoint
ments of deputies to himself as inspec'
tors of immigration.
/ " -. In