The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-08-04
SEA SHELLS ARE
NOT JEWELRY
CONTINUED from page one.)

ments. The shells in question,
having been pierced or cut, would seem
to be included within the termof para
graph 450. We find that they are not
commonly known as jewe1ry and sus-
tain the claim of the protests that they
are dutiable at 35 per cent ad valoram."
In deciding the case Judge Dole this
morning said:
"The counsel for the petitioner refers
considerably to the word necklace and
to the incontestable conclusion that
these strung shells are necklaces. From
this he appears to draw a very strong
implication that being necklaces they
must be jewelry. 1 admit that shells
so prepared and used for wearing
around the neck, as these undoubtedly
are, are necklaces but necklaces also
include strings of coins, beads or flow-
ers, according to the Century Diction-
airy, which describes a necklace as a
flexible ornament worn around the
neck, which description would also in
clude the strings of seeds of various
kinds so extensively prepared in these
islands and often worn about the neck.
flowers or a necklace of seeds un-
mounted in metal but merely strung
could be reasonably classified as Jew
elry. The issue of fact here, however,
is whether the strings of shells IN
question are commonly known as jew
elry. This is a question which the
Board of General Appraisers has decid-
ed in the negative. There is no infoc-
nation before me on this point. The
counsel for the petitioner refers to 4
subsequent description of an importer
of similar shells as entering them IS
jewelry. Counsel on the other side ex-
plains this as having been necessary in
order to procure such goods from the
custom house, the collector having pre-
viously classified them as iewelry.
Whether this is so or not, should not
consider that one or two entries Of
such character were any proof that
such articles were commonly known
as jewery. If there were such a gem
eral recognition of such articles as
jewelry in the public mind or among
those dealing with them and using
them as should definitely inform the
court, l should accept such common
usage as somethinT that the court
might take judicial notice if, but there
is no such general understanding in
this community that I am aware of.
Counsel on both sides have furnish
ed elaborate and learned briefs, going
much into the history of jeweIry. It's
uses, material and manufacture. with
references to cases bearing upon its
which contain much Of
value in the way of information and
suggestion to the court.
with the absence of evidence as 10
the strung shells in question being
commonly known as jewelry. the sup
possible expert conclusion of the Board
of General Appraisers and the prece- |
dents of the Treasury decisions cited |
feel unable to support the contention |
of the collector in his classification Of
such articles as jewelry, and affirm the
decision Of the Board of General APP
praisers.
SANFORD B. DOLE,
Judge, United States District Court.
Thayer & Hemenway appeared for
the appellants, ]. ]. Dunno for the col
ector.
s.***~*%..a:.0
winch must De good sized hole, is
located i'm the bluff of the starboard
bow about midway between the water
line and the keel and near the ports.
There are no butts at that part Of
The vessel said Captain Cove this
morning "and the leak was either due
10 seam having opened up or else
20 a sword fish having punched a hole
n the vessel, though felt some object
strike the vessel last Monday afternoon
paid no particular attention to It, as
surmised the blow might have been
'aused by wave hitting the vessel.
Afterwards when the leak was found
md | began to think over the possible
,ause, the thought that It might have
been caused by a sword fish striking
against the vessel occurred to me.
"The diver is to go down and try
md locate the leak this afternoon at
o'clock I believe that he will soon
ocate it from the outside. 1t is I'M
lecided yet, whether we will repair the
eak and resume our voyage or whether
he sugar viii be discharged into an
'ther vessel"
The Marston is a new wooden vessel
nd was built several years ago. l.