The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-26
co.,. FITCH
IS BACK
Why He Came and Why
He May Settle
Here.

+ 81 have returned TO Honolulu said
Col. Fitch. .'to attend, in behalf of tht
sake importers, TO taking testimony be,
fore Judge Dole. The government
consul, Mr.. Levett, win arrive on the
31st instant, and we viii begin the
work next day. The testimony of <he
government experts, given last june
IN San Francisco, failed to show that
there Is any substantial similarity in
| taste between sake and sherry wine.
So the government sent an agent TO
Spain to hunt MP sherry wine that
| resembled sake in taste He found a
cheap sherry, made probably as cheap
elaret is made IN France, from glucose
and grape skins, fortified with raw
spirits But none of it has ever been
imported into this country except the
bottles brought by the government
agent and the affidavits Of the Spanish
exporters concerning it were excluded
by General Appraiser Mcclellan. The
testified that while this stuff, as we'll
as the Duff Gordon sherry. bore a slight
resemblance to sake, in consequence OF
the alcoholic flavor common TO both,
yet the difference in taste was marked,
and the one was readily distinguish
able from the other. One of the gov
eminent witnesses, in answer TO
question of the Assistant Attorney
General as to whether sake could not
be sold as sherry wine, replied that
the merchant who should attempt to
sell sake as wine would soon go out
of business
Neither party has a right under
the law to take testimony except in
the port of San Francisco, where the
Importation now under consideration
was made. But. in order TO obtain
final decision at an early day, we
stipulated that testimony might be
taken in New York, Washington,
Chicago, Cincinnati, Milwaukee. ST.
Louis and Honolulu. / have Just re-
turned from the East, where I attended
the hearing and | have no hesitation
in SAYING that the government has not
a chance on earth to win the ease.
When We won it last time we intro
duced no evidence as TO taste, color,
odor or manner of use of sake, but re-
lied entirely upon the fact that it is
brewed from a grain, while wine is
fermented from a fruit juice. The
courts conceded to the government a
similitude to wine in taste, in appear
ance and in odor. and vet found such
difference between sake and wine in
other respects that 1t gave us the de-
cision. Now We have established dis
similarity in taste. odor. color and the
use to which sake is applied. and our
case is stronger and the ease for the
government is weaker than on the pre-
vious hearing.
1.-THE fundamental everlasting tree
oncilabIe fact is, that you cannot
make a wine from grain, any more than
you can make a beer from fruit juice,
and this fact will control the decision
in every tribunal The Secretary of
the Treasury is continuing a losing
fight simply because he does not wish
TO give up a million dollars more
without the sanction of the court. OBJ
tanned after exhausting every effort.
81 was in New York when the Cali
fornia earthquake occurred. The bull
letin boards were filled with sensa-
tional kilograms. One stated that Los
Angeles and all Southern California
was destroyed, and another one said
that Honolulu had slipped into the
sea-
The ruins of San Francisco are an
awful sight. Her people have lost
everything except their indomitable !
courage. Marius has received a great !
deal of undeserved enconium because !,
he folded his arms and gazed upon the |
ruins of Carthage.
ssThe people of San Francisco did !
not emulate the example of Marius. !
They folded their hands around picks !
and shovels and wheelbarrow handles /
and went to work removing the ruins, |
and many bank clerk and lawyer and :
doctor can exhibit the scars of honor |
able labor in blistered fingers and cal |
loused palms. Well may it be said of t
San Francisco: e 'en in her ashes
live their wonted fires Five hundred
millions of property have been swept /
away. but there is another FIVE hun 1
dred millions living in the brain and
hrawu of the San Franciscans, and the
work of reconstruction will go forward
and ont of the ashes there viii arise
the most beautiful and prosperous clty
in the world. Did / lose anything by
the fire. Oh, yes, my law library of
twelve hundred volumes was packed
in boxes and stored in the warehouse of
the Union Transfer Co. awaiting my
return from the East before being
Skinned either to Honolulu, or Gold
feld. as l might determine. Being IN
transit it was not insured. But my
loss was trifiing compared with that of
a hundred thousand or more people
who lost their all
$40 | intend 70 return here perma-
neutlv? oh, I don t know Maybe so
and maybe not. After | get through
with the sake case here | will look over.
the field, and if | can find far op-
portunity of resum1ng law practlce
here. l will remain, for there is no
- rx-n n no