The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-08-16
CARTER COMES
into THE FIGHT

Under date of August u last, Gov
ernor Carter addressed a letter to the
ington, of the Department of Com
merce and Labor, in which the present
strict enforcement OF the Coastwise
Shipping law and the consequent in
jury to Hawaii IS commerce and tour
ist business. are discussed from the
standpoint of what the Governor calls
I" the common people, in distinction
from those pecuniarily interested in tn
various American transportation COM
panies. The letter, which speaks for
itself, is as follows:
Dear Sir: Permit me to acknowl-
edge receipt OF yours of June 18th,
with its enclosure of ]. D. Spreckels
u Bros. Company's letter, from San
Francisco, under date of June 11th
l can not hope to compete with paid
experts of corporations, who, as you
are aware, have heretofore played so
important a part in shaping our ma
tional legislation. 1t is but natural
that they should fail to recognize
the position of the common people
and the demands that the public are
now making, in contradistinction to
corporate interests.
An administrative officer has often
tO mppt nprnlnv1np
corning his duty. No one disputes
that he is expected to enforce the
laws, but every law is an abridge-
ment of private right as to some
and the granting of privileges as to
others. Thus its justice and per-
manency depends upon its usefulness
to the majority.
Every rule has it's exceptions, and
a law in our country which is OBJ
noxious to the people will not stand
for any length of time, nor will they
long tolerate its enforcement. An
administrative officer often will en-
force an obnoxious law in order to
secure its early repeal. But we in
Hawaii realize that the coastwise law
has much of merit in it. and do not
believe that your department should
enforce 1t IN such manner as to
make it obnoxious, with view to
securing its repeal, for the lawmak-
ing body, as | understand it, give to
the Secretary of Commerce and La
Dor the exclusive power and privilege
of renting such fines for violation
OF this Act as in his judgment he might
think wise.
To show how impossible it is to
strictly enforce a law of this nature.
which does not take cognizance of
varying conditions, need only ask
if your department believes that, in
the protection of Spreckels Brothers
shipping interests, it was wrong for
you to consent to the British ship
Restorer carrying supplies to the
marines located on Midway Island to
keep them from starving, after they
had generously divided their stores
and food supplies with the large
number who were landed there from
the stranded "Mongoliai"
l need not mention the fact that
it has already been recognized that
Guam and Samoa should be exempted
from the application of this law, it
being impractical of application there.
Now, the public OIL Honolulu and
this Territory, prior to annexation,
enjoyed the passenger service of ev-
cry steamer that stopped here. Thus
commerce was enabled to grow be-
cause of the personal contact between
buyer and seller, so essential to credit
and trade. The application of the
coastwise law to these islands, two
thousand miles from the mainland,
has in no way built up or fostered
American shipping. Within the past
year the Spreckels Brothers line IT.
self, notwithstanding the encourage
ment OF the eoastwise law, has been
obliged to withdraw all of its steam
ers but one. This, in conjunction