The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-10-01
CANNOT GARNISHEB
FOR SEAMEN'S TAXES
UNITED STATES JUDGE AGAINST THE TERRITORY
THE DETERMINE COLLECTORS RIGHTS
TO COLLECT FROM sEAMEN HAVING THEIR EMPLOYERS
WITHHOLD

An important decision was handed
down by Judge Dole Of the United
states District Court sitting in Ad-
miralty this morning. The suit was
brought to determine the right of the
Territory to assess the wages of sea-
men for personal taxes and the court
decides that the proper means of col
lecting the tax was not adopted. The
steamship company had no right to
deduct the amount from the mems
wages but the proper means Of collec-
tion was By distraint The Attorney
Generals department will carry the
case through on appeal. The case is
officially entitled thus;
A. c. Simerson, r. Williamson, Emo
ka, J. Johnson, J. Gonsalves, p. Begard,
d. L. Conking N. Lansing, f. McCOr-
riston, w. Cahill, G. SilverhOrn, Geo.
Porter, V. f. Pangeliina, Joseph Peter,
Peter Perry, Manuel Vieira, AbO, Jim
Sawada s. Thompson A. L. Lane, j.
Make, ]. F'riel, j. T. Leach, j. Grace,
j. W. Leach, c. G. Leach, Ah Yen, All
Kee, All Tong, Lam Yum, An Sing, All
Sam, c. b. Olsen, w. c. Bruhn, NJ. On
ess, ]. Simpson, w. Storey, ] Kelley,
c. S. Jackson, All Dan, All Sing, Tim,
Chino Yen, c. Peterson, George H.
Pitz, J. Gregory, w. Mitchell, ]. Leary,
w. Wright B. H. Morton, E. Paneup,
]. Bolster, c. Smith, Aki. Saiki, All
! See, Nakamoto, All Dan, An Chon, Ah
Sing, W. F. Thompson. G. Hystrom.
Hilo, J. l.. Logan, l.. Poul0s, Wong
'Chock, Apo, A. Tullett, j Radway, d.
! A. Mcnamara, ]. T. Boyd. W. Stahl,
| All Tai All Yen, Chun Pung San, Sal
Yee, j. w. Sack, All Mino, All Hee,
| libellants, VS.. Inter-Island Steam Navi-
cation Company, Limited, corporation
libellee, and James L. Holt, Tax Asses
sor and Collector intervenor.
The libellants in this case bring their
action as mariners against the libellee,
Inter-Island Steam Navigation Com
pany, Limited-a corporation, for wages
due them as employees of the llbellee,
claiming that they were engaged by
the libellee prior to the month of June
1904 to serve as mariners in various
capacities on board of it's steam vessels
at varying rates of wages; that it was
the custom of the libelee to pay wages
of said libellants twice a month, on the
second and seventeenth days thereof
and that libellee reserved five dollars
and half out of the wages of libellants
| which We're due on the 18th day of
June, and refused to pay the same; that
| some of the names given in the libel,
as names of libellants, are fictitious
Names used by reason of the difficulty
of obtaining promptly the correct
names of the libellants who are repre-
sented by such fictitious names, and
asked that the correct names, when as
certained, may be inserted in the place
of such fictitious names; with general
prayer for relief.
The libellee, answering, says in sub
stance, admitting the allegation of the
libel that five dollars and a half were
reserved by it from the wages due libel
lants, or such libellants as are admitted
as claimants in the answer, by libellee,
and states as a reason of such reserva-
ton of said amounts from the wages of
each of the libellants according to said
correcvted list, that on the morning of
the said 18th day Of June, it received
from James L Holt Assessor of the
first Taxation Division of the Territory
of Hawaii a letter
"On account of such letter the libellee
reserved five dollars and half out OF
the wages of each of the said persons
$43450, to the clerk of the court. The
libellee further said that it was willing
and anxious to pay said sums to the
parties mentioned in said corrected list
or to the Tax Assessor, but owing to the
conflicting claims of both therefor, il
cannot safely pay such sums to any OF
the said persons, and prays for de
cree determining the rights of the va
rious parties to the said fund.
: "On the 9th of July, the said Assessor
James L. Holt, appeared by the Attor-