The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-18
COL, THOMAS FITCH AND
HIS FAMOUS SAKE CASES
Veteran Lawyer Returns From the Mainland
After Winning a Big Claim for Honolulu
Cients---History of the Sake Appeal.

its classification as still wine the N :
Board of General Appraisers dlsregarded
the process of It's manufacture, and they
| gave to the decision of the Commission
er of Internal Revenue that sake is a
| beer the scorn Of their silence. They
based their ruling that 1t resembled a
wine. solely upon the ground of the
quantity OF alcohol it contains.
What liquor does sake resemble in
| taste2 Drink it, If your reportorial eau
| casian stomach can endure the ordeal,
and maybe you can tell | tasted a tea
| spoonful of it once at the solicitation OF
| Mr. Peacock, and for half an hour after
wards I felt as l once did when journey
ing to Hilo in the Kinau. The lower
class of dram shops in London have a
sink under the bar into which all the
spittings of beer, gin, wine and cider are
| conveyed. The contents of this sink are
called 'swipes' and sold to the worthy
| poor of the English metropolis Sake, to
my taste, resembles 'swipes,' favored
with an overripe egg. | should think
that pint of it would make the man
who drank it hosts humans generis.
and If the Japanese army are accorded
on the Russian forces they will make
L
cents.
Before presenting the case to the
New York Board of Appraisers we gath
cred considerable evidence on the subject
of the manufacture of sake Mr. John
ston making a journey to Japan for that
purpose while I interviewed Chicago and
New York brewers. In December, 1902,
the case was argued by me in New York
before General Somerville, President of
the Board of General Appraisers. From
certain indications / suspected after sub
hitting the case that the decision of the
appraisers might be against us. and
was satisfied that even if we won, the
government would appeal the case.
''The law gives an appeal from any
decision of the u. s. Board of General
Appraisers to the Circuit Court of the
United States for the District in which
the importation is made On this appeal
new and additional evidence may be in
troduced by either or both parties to
the dispute, the trial IS de rovo and the
decision of the United States Circuit
Court on questions of fact is seldom
disturbed by the United States Circuit
Court of Appeals, which is the last trib-
unal to which an appeal can be taken
except in constitutional and in special
and extraordinary cases.
An appeal by either the Government
or the importers from the decision of the
appraisers in our case would have
brought the matter before the L. S. Cir
cult Court IN Honolulu then presided
over by the late Hon Morris NJ Estee.
"Of the late Judge Estee [ desire to
speak with all possible respect, not mere
ly because | am governed by the motto
de r71~-+f74S nil bC-at7-.7 b,,+
OF his great and nany-sided abilities.
But he was a politician and not jurist.
He was possessed even to fanaticism
with the idea of 'Americanizing' these
islands, and he was saturated through
and through with the idea that the Unit.
ed States Government as represented by
its officials is a king that can do no
wrong He did not mean to be unjust,
but IN any case that came before him
between a private individual and the
government. III which Asiatics were liti-
giants or witnesses, he was simply incap-
able OF deciding against the Govern
ment. My observation of his course IN
the Pearl Harbor condemnation case,
and my experience as counsel IN some
shipping cases and some customs cases
convinced me that it was essential to
the success of our clients, that the de-
cIsion IN the sake cases should be made
IN some other Jurisdiction. This was
brought about by arranging for our Ho-
nolulu clients 10 avail themselves of a
sake Importation made into the port OF
New York. This case was by stipula-
ton placed on the appraisers calendar
Immediately after the Hackfeld case, and |
when a decision was rendered by the ap-
pralsers against rs, as | feared It would
be, the New ork case was brought up
and similar decision rendered pro for
ma in that case, and an appeal taken at
once TO the Circuit Court of the United
States for the Southern District OF New
York. Then we stipulated with the Gov
eminent that all the sake cases IN which
We were counsel should be held IN abey-
ance, and not taken up by the Board or
until after the decision by
the \. Y. United States Circuit Court,
and should then be governed by that
decision.
The appeal having been properly
lodged we went 10 work gathering addl-
tionai evidence. We secured the aid OF
Messrs. Comstock & Crane who are the
leading custom house lawyers IN New
York City Mr. Johnston obtained 1rr-
ther dispositions from Japan showing
the process OF manufacture OF sake lie
also visited San Francisco and procured
there samples OF sake made by manu-
factory OF II recently established there
| procured IN the east the expert testl-
nony OF brewers. Tnaltsters and chemists
and at the trial we had as witness the
most distinguished analyst and expert IN
the country 1t all cost a lot OF money
Of course. but the GoveTnp1 s'd could not
shake or answer Or test. 1orv- and IN
court we simply obliterated the conter-
ton that sake bears a substantial sITzlll1-
-ude 10 any wine ever made
Somewhat TO our surprise but greatly
10 our satisfaction the decision Of l. ,.
Circuit Judge Townsend was that sake
-eseulbled under the sinilitude clause
neither wine nor a beer. and that our
lain under Section 8 OF the Customs
-aw that sake Is (. non enumerated ma
lufactured article must be sustained.
That this clause has been inserted IN
very protest. Is due TO the care and
,r,~:.- ~ Harry Johnston The result