The Hawaiian gazette., 1911-01-13
CONSUL LOSES
IN LONG FIGHT
Court Declares Hee Fat to Be
Innocent OF Criminal
Libel.
LTrom ThnE.layl. AdverLIlcr.l

IRON thursdays AdvertisCr.)
Holding the statements Of the Chi.
nese consul, Liang Kwo Wing. in re.
gard to the collection of the enumcra.
ton tax among the Chinese to be threat.
ening and his actions to be equivalent
TO extorting money through terrorism,
Judge Lymer yesterday rendered deci.
sion against him in his suit of criminal
libel against Hee Fat, Kauai rice
planter.
The decision, conceded to be one Of
the most carefully considered ever Civ.
en- from the lower bench, ended n four
days triad, which ranged from diploma.
tic relations TO imperialistic methods of
taxation. The suit was brought on the
grounds that Hee Fat, in calling a mass
meeting against the consul, grossly
libeled him in the circulars spread
around for that purpose.
While sympathizing with the consul,
the court held that he had exposed him
self to the presumption that he had
forced the census without authority and
the decision was rendered in accord
ance with that presumption. Not only
does the decision end the criminal libel
ease, but it is expected to have direct
effect on the hundred dollar
damage suit brought by the consul
against Hee Fat out of the same Incl.
dent.
Imperialistic Methods.
The keynote of the decision was that
the consul had resorted to methods in
securing or forcing the enumeration
tax that savored of imperialistic China,
rather than of free America, and dwelt
with emphasis on the belief that no
| jury would convict an American citizen,
such as Hee Fat is by naturalization,
of libel in calling a mass meeting to
| protest against the forfeiture of such
property as might be owned in China.
The decision inferentially discounte-
nances the methods used by the consul,
as being the introduction into American
life, even if in Chinese community,
of methods so foreign to American
ideals. His decision in full is as fol-
lows:
| The Decision.
"The evidence in the case shows that
I the Chinese consul sent a letter to Hee
Fat stating that any one who failed to
register for the census would be 'classed
as a revOlutionist Later on another
letter sent under the direction of the
consul and written by his clerk was
received by the officers of the United
Chinese Society, the letter stating that
the consul sympathized with tie rela.
tives and friends of the revolutionists
whose prayers and tears will avail
nothing but who would be discarded
by the world and suffer the extreme
penalties of the law.
''ln my opinion this evidence Is suf-
ficient to justify charge that the con.
sui forced the census enumeration to
be paid, because, by subjecting all Chi
nese residents to terrorism he offered
them as the only alternatives from sign.
ing the register the practical certainty
of financial ruin, if not loss of life.
"The consul by refusing to produce
in court his authority from the Chinese
government to take this census, has
exposed himself to the presumption
which the court will indulge against
him that he acted without authority in
thus forcing the census
'Undsr this presumption of law the
court finds the defendant not guilty
under the charge of criminal libel,
Jury Would Not Convict.
Zone of the motives actuating the
court in reaching this conclusion is the
| conviction that there is not jury in
this Territory, ror any jury anywhere
within the United States who would
convict the defendant upon this charge
This defendant is an American citizen,
and it is unbelievable that any Jury
would convict an American citizen for
issuing poster calling for mass meet.
ing Of the Chinese to combat this sys.
tenn of forcing contributions to a census
fund under penalty of forfeiture of all
property which might be owned in
China, together with the certainty that
If this defendant, this American citi- |
zen, should ever at any future time
visit Chinese soil, his life would in all |
probability pay the forfeit.
81 sympathize with the complaining |
witness in this action, to some extent, |
because his personal reputation is no |
doubt as dear to him as the personal |
reputation of any man or government |
official; but under all the evidence |
which has been adduced during the four
days hearing, the only judgment which
the cOnrt can conscientiously declare is
that the defendant is not guilty and is
hereby discharged
Strange Contrast.
If reports current in the Chinese com
munity are to he believed, there is a
strange contrast between the two men
who figured in this trial, which almost
reached the true sensational point. 1t
may also result as being one of the
most important eases of its kind ever
fought in court, for it probably marks
the approach of the end of the inhu
ence Of the more oppressive oriental
ideas and ideals, the Chinese commu-
nifty Of Honolulu being one of the first
Of those outside of China ever TO so
completely defy official dignity, power
and influence and assert truly American
rights.
n those reports mentioned are to be
believed, Hec Fat is losing his mental
balance and h almost insane through
financial losses, matters entirely indie.
pendent Of his trouble with the consul.
From one Of the wealthiest Chinese
planters in the Island, il Is said that