The Hawaiian gazette., 1915-08-13

wn came across them in the course OF
the testimony, but I WASH I gwen a
chance TO tell a thing.
Self. Evident Errors
&" without transcript Of the evil
dence, without knowing what was
wanted Of me, or what | might be eN-
pected to answer, wrote the commits
sion the letter you now have. Some
of iho assertions Mr.. Forbes makes in
lis feply, as have just heard them
read in part, are seIf.evident errors
that can be corrected in moment.
~ think, y inteposed Mr.. smith,
that for Mr.. Sheedy's sake and in
Justice 70 the Inter. island he should
have an opportunity to give all the
evidence he wishes
YouS don I want to reopen the
whole ease, do youf" asked the chair
We've already made our findings.
But not signed them, retorted MI.
smith.
Very true" said Commissioners
Williams, "but nothing that could be
unlimited would induce us to change
cur findings-that is to say, nothing
thar ] can think of. -
interrogation Points Bristle
Nevertheless, Mr.. Sheedy was allow
Cd to put in his objections for what
good they may do him, after II had
Teen explained that the first draft Of
hartman Forbes reply to his affidavit
.ad been revised and materially alter
ed, 20 that the portions of 1t which he
had heard read did not at all represent
the document he ultimately will re-
L.
sible to print the correspondence here
in full or to report more than the gen
rral import of the detailed discussion
lased on il. '.-a.
The paragraph in Superintendent
Sheedy's letter that caused interroga,
ion points to bristle on Chairman
.'orhes' back was the following:
"While the company would welcome
ny information to throw light upon
this accident and in order to prevent
repetition Of this disaster, yet, in order
that there may be no misapprehension
rs TO the Jurisdiction of the commission
with regard to the safety of passengers,
we beg to call your attention to the
fact that the federal laws and regula-
tions with regard to shipping are ex-
lusive, and that neither the Territory
f Hawaii nor any Of its political sub.
divisions, boards or commissions, has
authority to add any burdens whatso-
ever in this regard. Il" III
commission Is Defied
"In regard to this very emphatic
paragraph in your letters, said Chair.
man Forbes, d in which you call the
jurisdiction of this commission in ques.
ton, Just what do you mean, Mr..
Sheedyi" ,.n.as.
Just what said,' replied Mr.
Sheedy. .'*. -.
Don't you suppose, - inquired the
hair, with rising heat, "that this COM
mission knows what its business itf"
81 IN not algother sure of it, ad.
mitted Mr.. Sheedy.
"WelI, we do, }" asserted Mr.. Forbes
with great positiveness, and we pro-
pose to see that our orders are obeyed,
and our recommendations given
weight"
. "As to the comfort and accommoda
ton Of passengers, service rendered
and fares charged, yes; as Ito their
Jafety at sea, the navigation Of the ship
and the conduct of the crew, no. de-
clared Mr.. Shcedy.
distinction Is Accepted
Mr.. Forbes accepted the distinction.
This commission, ne explained, Is
not going to interfere with the federal
statutes in any way"
"Of course | don 7 think you can, I"
retorted Mr.. Sheedy, And there the
episode ended. ..'.-
The interchange had its origin in one
Of the recommendations the commission
later will make to the comPany-that
he pames Of all dock passengers be
taken. -. IL
Superintendent Sheedy took the posi-
tion, in the first place, that II cOuldn t
be done and, in the second place, that it
did mt have to be done. The coast
wise navigation laws, he said, don t
require it. Out Of that grew the ar
gument as to jurisdiction.
Chairman Forbes questioned the
facts. Superintendent Sheedy replied
that they were easy Of access and re-
commenced him to search for the au
thorities and find out for, himself
FINALLY he pumped out this fiat ue
claratiOn:
off it is dccided-by the proper au
thOrity--that accommodations must be
put in for deck passengers, then there
won I lie any more deck passengers. -
Company Gives Value Received
In other words, the company feels
that it is giving the equivalent of
value received. If II is compelled to
furnish deck passengers with something
more than transPor tat.on, which is ali
that is called for now, they will cease
to be deck Passengers and become third
or second class passengers or something
else for which they will pay more
money. ,r.. e
Chairman Forbes reverted to the
names. lie inquired If cabin passen-
gers did not give their names and was
Informed that they did, whether they
were Cauoasians, Asiaties or what not
Why not, then, he asked, the same tor
deck passengers! -.
Mr.. Sheedy explained that the fed
raj law did not require a passenger 5
name unless he occupied q ,staterOOm,
SO that when the commission asked him
how are you going to get their names
in the event of eatastrophef' tine
answer was "yOu don tP'
Railroad companies, excursion steam.
ers, vessels in the eoastwise trade and
other carriers whose business does not
come into contact with questions of i'm