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Vol. IV. No. C86.
HONOLULU, H. I., MONDAY, AUGUST 10, 1897.
PntoB 5 Oint8,
THE EVENING BULLETIN.
Published every day except Bandar at
210 King Street, Honolulu, H. I.
Per Month, anywhere in tho Ha
waiian Islands 3 7fi
Per Year. 8 00
Per Year, postpaid to America,
Canada, or Mexico 1000
Per Year, postpaid, ether Foreign
Countrioa 13 00
Fnynlilo Invariably In Advance.
Teiepliono 250. P. O. Box 89.
A. Y. GEAR. Manager.
the man got very wet. The wetting
gave hint a cold. The cold, neglected,
developed to a cough. The cough
sent him to a bed of sickness. A dose
of Aycr's Cherry Pectoral, taken at
the start, would have nipped the cold
in the bud and saved the sickness,
h..??.... m.i1 MvnnncA 11i tinnao.
hold remedy for colds, coughs, and all
lung troubles, is
Dr. JT. O. Ayer So Oa,
LOWELL, MASS., U. B. A.
Slid Medal at the World's Chid EspMltioM.
W Beware of cheap Imitation. The
name Ayer'a Cherry Pectoral I promi
nent on the wrapper, and la blown in the
glaaa of each bottle.
Hollister Drug Co., Ltd.
Bole Xgents for the Republic of Hawaii
DR. G. WALDO BDRQESS,
Physician and Surgacm.
Residence; 438 Punchbowl Street.
Ilouits: 3 to 5 and 7 p.m.
A. C. WALL, D. D. 8.,
New Love's Building, Fort Street.
William A. Henshall,
attorney at !Law
113 Kaahumanu Street.
J. J. RICE,
A-ttorney at Law
210 King' Street.
LYLE A. -DICKEY,
A.ttornev at Law
14 Kaahomanu Street.
Telephone No. 682. 498 6m
SAMUEL J. MACDONALD,
Counsellor at Law.
204 Merchant Btreet (one door from
Fort street), Honolulu.
GILBERT F. LITTLE,
ATTORNEY AT LAW.
A. V. GEAR. .
No. 810 King Bt
PROCEEDS ON HER VOYAGE
Tiff. !IIINA NAILS WITH 1IEK
Mr. fflarlarlane Takea Ih. Coptic
for Nnii Frnnrl.ru and Talka
Whou ttio steamship Coptic was
within an hour of sailing for San
Francisco yesterday, and the
steamship China announced to
sail for Yokohama a few hours
later, a Bulletin representative
found Geo. W. Macfarlane in the
bustle oE packing his traps, at the
Snow cottage in the Hawaiian
hotel grounds. Mr. Macfarlane'
was asked what arrangement bad
been made under which tho China
was proceeding on her voyage be
fore tho matter of her registry was
determined. In answer he select
ed a document from a loose packet
and handed it to the questioner.
The writing wos a certificate
from the Collector General of
Customs, to supplement an exten
sion of the sea letter of Consul
Hopkins in London, and was at
first refused by the Executive but
conceded at a late hour on Satur
day. It reads as follows and its
purport is to allow tho China to
complete her round voyoge with
out prejudice to Mr. Macfarlane'a
claim for a Hawaiian register now
pending in the Circuit Court:
"Office of Collector General of
"Honolulu, August 14. 1897.
"To whom it may concern:
"I, James B. Castle, Collector
Genoral of Customs of the Repub
lic of Hawaii, hereby certify and
.make known that in respect of the
steamship Umna, now in the port
of Honolulu, an'd about to proceed.
on her voyage to xokobama,
Hongkong and wayports, and re
turn to 8an Francisco, application
has been made in this office by
George W. Macfarlane, claiming
to be tho owner of said steamship,
for a Hawaiian register, and that
proceedings are pending in the
Hawaiian courts to determine his
right to suoh registry.
"In witness whereof I have
hereunto set my hand and seal the
above named day.
''James B. Castle,
. "Collector General, etc."
Mr. Maofarlano also showed the
reporter the following letter,
which he had addressed to Charles
T. Wilder, Hawaiian Consul
Uoneral, at Ban Francisco on
"In regard to the transfer to me
of the steamship Chiua and the
steamship Baraconta, I desire to
say that the faots are as follows:
"About a year ago the subject
of transfer to mn was under dis
cussion by Mr. Sohwerin, your
self and myself. About tho 8th
day of May last, I being in San
Fraucisoo, it was fiually deoided
that the transfer should be made,
Mr. Huntington having arrived
from the East, and that applica
tion should be made for Hawai
ian registry for said vessels. The
ships were both hold by 'an En
glish corporation and it was
necessary to take steps to
disincorporate said .corporation
before tho title could 'bo conveyed,
to mo. I proceeded at once to
Loudon, stopping in New York to
discusB the details with Mr.
Tweed,counsel for thePacifio Mail
Steamship Co. I then went to
London, where the necessary stops
were commenced to disincorporate
the English corporation and car
ry out the transfer which bad
been agreed upon. There was no
break in the proceedings and the
matter was finally completed on
the 2nd day of July. A pro
visional register was issued by
Mr. Manley Hopkins prior to the
receipt of telegraphio instructions
to register no foreign vessels."
Mr. Macfarlauo further stated
that, with a knowledge of the time
and order of tho different steps in
tho transaction, Ministor Hntoh at
Washington wrolo to tho Minister
of Foreign Affairs, earnestly ro
commending that u Hawaiian re
gister should be granted to the
steamship China on her arrival at
Honolulu. Mr. Hatch in that
letter expressed the opinion that
Hormtor Frye, chairninu of tho
committee, of foreign relations,
would have no objections to the
act when ho knew all tho circum
stances. Talking along amitUt his pack
ing, but interrupted by soveral
busiuess and friendly calls, Mr.
"When I arrived hero I knew
what Hunts I had and would not
abate one iota of them. I would
like to say that I appreciate the
disposition shown by President
Doio from tho outset, in being
willing to recognize tho stops that
had been taken as lawful and
regular. Mr. Cooper came round
at last to the granting of the ex
tension of the London sea letter
without projudice to our case.
"Captain Seabury joins me iu
expressing appreciation of tho evi
dent desire of President Dole to
help Mr. Cooper out of his
dilemma arid allow the vessol to
get her register. The legal pro
ceedings will give the Minister of
Foreign Affairs a fuller opportu
nity of explaining the matter to
the United States Government.
"When the vessel arrived here
Mr. Cooper wanted the flag hauled
down, as he thought Consul Gen
eral Wilder had granted tho regis
ter in the face of instructions, but
the fact that tho provisional regis
ter had been granted in London
put a different complexion on the
matter. Captain Seabury said he
should like to see Mr. Cooper
come on deck to pull down the flag.
"Notwithstanding the differ
ences with Mr. Cooper at the be
ginning, however, he showed at
fact ever; dicpciilioa to meet us
fairly, finally instructing Mr.
Castle to sign that certificate. ,
"The impression soemed to have
got around on Saturday that I had
Jaken the British oath of allegi
anoa before the late Commission
er Hawes, thus forfeiting my
rights as a Hawaiian citizen, but
on my cross-examination by Mr.
Cooper in court the rumor was
"Our attorney advised us that
until we got our case into court,
and our testimony in, and a certi
ficate from tho Collector General,
saying that our case was now
pending in court to dotermine my
rights to Hawaiian registry, we
could not accept an extension of
the sea letter from the Minister of
Foreign Affairs, as be had claimed
at the Executive moeting that the
document was no longer valid
after tho ship's arrival here. We
bad by law applied to the Collec
tor General tor a register and he
had to give his reasons for not
granting a certificate.
"If annexation should take
place and an American register
thereby come to tho steamship
China, it will be a benefit to Ame
rican citizens. Whereas iu the
case of the Hawaiian register late
ly granted to a sailing vessel of
Rilhet's iho benefit, in u like con
tingency, would bo altogether to
"It is ouly eleven months since
I was granted a Hawaiian register
for the steamship Aztec, and the
conditions were'exactly similar to
those in the case of the China."
When Mr. Macfarlane had
buckled the last strap and stood
up to bid goodby to thoso in the
room, he remarked in a tone of
triumph not to say ''gusto" that
'with the usual- gbo'd time of tho
Coptio he should land at San
Francisco in thirty days from his
leaving London. Pretty good
traveling, that to cross the At
lantic, then the American contin
ent, and make the round trip be
tween San Francisco and Honolu
lu, remaining hero fonr days, all
inside of a month:
Bar. Dri Graaaa'a Call.
Itev. Dr.- Crozan, editor of the
Pacific, will become the pastor of
the North Berkeley Congregation
al Churob on the 20th m&t. and
Rev. J. O. Rohins will close his
ministry of the same church on
the 18th inst. Rov.W. W. Ferrior,
formorly of Pacific . Grove, has
boon appointed assistant editor of
tho Pacific, tho Congrogationnl
THE REGISTRY QUESTION
CIMF. OP Till: tHII PAR
Mr. nnrrarlnna'a Hawaiian ('lllirii.
Iilp All.iknl Prtijrr'"". of the
Owing to th) projected do-1
parture of Captain Seabury tho
master and George W. Macfar
lane, the nominal owner, of the
steamship China, their testimony
was taken' on Saturday beforo
Judge Perry, at Circuit Court
chambers; in advance of the re
turn day of the writ of mandamuB
to compel the Collector General to
grant a Hawaiian register to that
Captain Seabury gave a sort of
history of the Chiua; hr rd her
ve-lii o stated in San Fn... isco at
about $200,000; had Btated outside
she cost $740,000, but she would
not be worth her actual value to
one outside the company.
Mr. Macfarlane said he was
whole owner of the China, and
related facts about bill of sale and
mortgaco already known. The
mortcoge was made to soouro the
Pacific Mail's interests in the ship;
had given no charter, and made
no engagement to rcconvey the
vessel; when he took out provi
sional register was not aware that
instructions had been sent' to the
.London consul to grant no more
Hawaiian registers; his father was
originally British; did not know
if he had naturalized as
an Amerieau, as he died whou
witness was a small boy;
hud received no letters of deni
zation, nor evor t tkou an oath of
allegiance to any government of
Hawaii; had follouredjegtil ad
vice in taking a letter of indem
nity from Mr. Huntington; ro
ccivod no consideration boyond
perhaps jCoO, for which ho hud
not asked, to become the regis
tered owner; would receive no
profits aud shuro no losses in
running tho Chum.
Minister Cooper said thoro
would be. four points in the an
swer of tho respondent. He would
raise the question of the jurisdic
tion of the Court, tho question of
whether or not it lies in the dis
cretion of tho Collector Gonor.il
to grant u rogistor, the quostion
of the nationality of Colonel Mac
farlane and tho question of the
ownership of the China.
The rotjulur hearing on tho
writ began before Judge Ferry at
10:H0 today. Following is a con
densed report" of tho evidence:
P. O. Jones Firm of 0. Brew-t
er & Co. was registered owner of
bark Foohng Suey, but held no
actual interest iu the vessel; had
eighth interest in bark R. P.
Rithet; could only testify exactly
of Foohng Suey, registry of which
was given when he was manager
of the firm; familiar with term
"registered owner" but not with
"flag owner;" familiar with prin
ciple of having persons not own
ing in vessels being their register
ed owners; the way wo did with
the Foohng Suey was to make a
charter for a term of 09 years.
Cross-examined Do not re
member what oath was taken; do
not remember whether I gavo the
officer to understand that! was no
more i than the nominal owner.
T. Rain Walkor Am British
Vice Consul; on August 13 re
ceived communication from H.
Haokfeld & Co., agents of the
China, and answered it.
Mr. Cooper objeoted the letters
wore not material, as the Minister
of Foreign Affairs had not writ
ten the letter required in the case.
The Minister of Foreign Affairs
could not recognize letters pass
ing between the agents ana the
consul. Objeotion over-ruled on
Mr. Hartwell's argument that it
was the statutory duty of tho
Minister to writo suoh a lottor.
Witness The lettor asked if
thoro was any legal impediment
to granting a Hawaiian register
to the China: answorotl that I was
I not awnro of any local iuirodi-
ment; understood 1 wan present at
the conference with tho Cabinet
on Thursday at tho requost of tho
Mr. Cooper sftlcl this was a mis
tako, and Mr. Walkor asked louvo,
smilingly, to apologize for his
intrusion on that occasion. A
clerk had brought him a tolo
phono uii-gsiigo that ho was re
quested to attend. Mr. Coopor
siid there wis no occasion to
npologiz". Mr. Hart well said Mr.
Walker wis present whou Mr.
MHcfiirlitnu and himself arrived at
tho Foroign Office. Mr. Coopor
.nid President Dole possibly hud
invited Mr. Walker, und ho him
solf ym glad to seo him there.
Witness It was not atntod in
my hearing what objections the
Government had to the register;
hoard tho Minister of Foreign
Afl'uirs allude to assurances giveu
to TJnited States Govornmont that
no moro foreign vessels would bo
registered; tho Minister did not
stuto auy reasons to mo.
Cross examined Received no
communication from Minister of
Foreign Affairs regarding appli
cation for register.
Direct examination as witness
for respondent Made a search of
tho records of the British Lega
tion; found that Mr. Maofarlano's
birth had been recorded, also the
birth of his parental the register I
uavo aiwaya conaiuereu as prima
facie evidence of British national
ity; tho law of British national
ity is that a person born of Brit
ish parents in a foreign coantry,
unless the parents or himself have
renounced allegiance, is of Brit
ish nationality; there may bo a
question of double nationality; if
he does not renounoe it, he may
claim the right of a British' sub
ject. Q. Would the British consul
receivo as' a British subject a man
born of British parentage in this
A. Yes. '
John Ena I;am flag owner of
four1 foreign-bnilt vossels of Ha
waiian registry the ships' John
Ena aud Hawaiian Isles, tho
steamer Alexander and the ship
Honolulu; had money in the
John Ena and Hawaiian Isles;
those two vessels are actually
owned in foreign corporations;
they made a bill of Bale to me; I
do not hold any interest now,
having sold my shares; made a
declaration that I was the solo
owner, having taken a bill of salo
but paying no money; am familiar
with the expression, "flag owner;"
put iiomouoy in the Alexander or
tho Honolulu; consented to be
the registered owner; practised no
subterfuge on tho customs officers;
made a clear statement and they
understood me; the value in the
bill of sale of tho John Ena was
one dollar, but tho actual value
about $100,000; do not know
whether thov understood that I
did not own in the vessels.
Cross-examined I took the
W. F. Allon Waa Colleotor
General of Customs twenty years
nine months onding in 1884; was
familiar with registration of Ha
waiian vessols by flag owners
them: that was a common
practise a good many whaling
vessels and quitp a number of
coasters; praotise not discontinued
in my timo; have learned of its
being continued; partytmaking a
register would bring a bill of sale,
and wo accept that bill of salo as
evidonco that ho was tho owner;
sometimes I know that the con
sideration was not paid but not
always; I would make a fair valu
ation for tho purpose of taxation;
a common nraotiso was to make a
Cross-examined Threw the res
ponsibility on the persou making
tho application without going be
hind the returns, nfier iiscertnin
ing through the Foreign Offico
that there was no legal impedi
ment; never inquirod whether he
had given a private ohurtor, it
would be going tiyond my au
thority. Redirect I consider that a
mcagro bill of salo (tho China's
exhibited) for so large a vessol;
thuro is mi absouco of details
such an iniiHtd, rigging, anchors,
etc.; am not aware what British
form la. ,k
To Mr. Coopor In caao of a
mortgage I would have communi
cated with tho Cabinet at otico.
F. B. McSlockcr, Deputy Col
leotor General of Customs, testi
fied of proceedings in which ho
had taken part regarding tho
China's application. Received
tho papers when prnteMed stamp
duty of $2000 was deposited; had
got an answer to notice given the
IForeigu Ollice, saying it wan -not
I 1 A .. .- J -
jirupugcu ii) grnui auy more
registers; so fur ue In; understood
tho Aztec was registered
under similar forms to thne of
the China's application; think tho
bill of sale according to British
form, soma details of matter ab
sent; personally was not satisfied
with forms in Aztec matter, and
referred it to Colleotor General; in
three or four hours received in
structions' to go ahead; nothing in
appearance of China's bill of Bale
that makes it unsatisfactory; told
Maofarlane his bond would bo
$2000, but would not accept it ub
that would Jiavo mado finality; al
lowed him' to loavo it in the offico,
aud it is there now;, Mr. Lylo
Purveyed the China; I' do not
know auy diffeiouro iu form bo
tween tho cuses of the Azto aud
tho China; thoso wax not a groat
deal or hitching and liaulnu' about
the Aztec, ouly about tho
matter of stumps; Mr. Thurston
aotod for Mr. Maofurluno in tho
Aztoc's case; until further inquiry
is made I cannot state if thoro is
any logal impediment to the
Cross-examined Roceivod a
letter from Mucfurluno formally
demanding registiy; hud not re
fused registry ut that time; an
swered that "not boing satisfied
that no legal impediment existed"
we declined to grant the register.
Recess from 11:50 to 1-30. Col
lector General Castle, was to be
tho next witness.
The fire department was called
out twice since tho last issue of
this paper. The first alarm at
midnight on Saturday was for a
cottage ou Quoen .street belonging
to Russian Frank's establishment,
the shell of which was saved and
the adjoining buildings protected
by the efforts of the department.
The second alarm was sent in
shortly after noon yesterday, the
fire being looated on Liliha street,
near School, in a cottage occupied
by Captain Thompson of tho Ee
auhou. With its contents it was
entirely destroyed. Captain
Thompson lost all bis personal
effects valued at about $300.
James Bennett, commonly
known as Boatswain Ben, was
I charged with larceny in tho first
degree in the pouoe court today
and bail fixed at $500. His
trial is set for the 19th. He is
acoused of entering the room of
D. G. Camarinos and stealing
$200 from the pockot of his panta
loons while he slept.
iBglttSt Honors World's .
Oold Medal, Midwinter .Fair.
MOST PERFECT MADE.
A pare Grape Cream of Tartar FowJer.
Free from Ammonia, Alnm or any other
adulterant In all tho groat Hotels, tlm
loading OlnbH and tlm horne-i, Dr. 1'rlcs u
Cream Baking Towder holda Its Bupreuucy.
4b Years the Standard,
LEWIS & CO.,
AuuNis, Honolulu, II. I.
J&m kiJ' ..mjhMtmlM