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EVENING BULLETIN, HONOLULU, IL T., THURSDAY, TEH. 20, 1002.
will soon be opened
Our big sale of last week la over and wo aro getting ready to hnndlo
tho now "Spring Goods" duo to arrtvo on tho "Sierra."
Wo havo selected this now stock
with great caro and tho design will bo
a revelation of beauty to shoppers.
Many now novelties will bo Intro
duced and Just as Boon as wo get
tho goods arranged wo will glvo you
all tho nows.
Opinion on Drawback
AND OTHER MATTERS BY
Federal Attorney Dunne
Honolulu, H. T Fob 18, 1902.
Honorable 11. It. Stackablc, Collector
of Customs, Honolulu, Hawaii.
Sir I hao tho honor to acknowl
edge the receipt from you of tho fol
lowing communication, numbered 111
and dated February lOtli, 1902
Amerlcin port and a foreign port, or
between two ford fin ports, trado which
Is open to tho world, Is foreign trado,
nnd that trado between any two points
of tho United States, wherever those
points may be, trado which Is rcscrv
I cu exclusively ior our vessels, unci in
sessions, therefore, never entered tho
(ontemplatlon of Congress; and Con
gross clearly understood and applied
this phrase In Its natural and obvious
meaning. Congressional legislation
alTcctlng tho outlying Insular posses,
slons of our Government Is, Indeed, of
1 havo tho honor to acknowledge which foreign vessels cannot conipcto ns extremely recent origin as tho In'
nwlnt nf ours of tho 7th instant. In or engage Is coasting or coastwlso
relation to tho American snip iicien irnue coasting irnuo is irauo curm-n
Ilrower, wherein ou express tho opln
Ion that an American vessel proceed
Ing from Atlantic to Pacific ports In
llin United States Is not bound on a
foreign voynge, and also thnt a vqynge and not only In U
between New York, N Y., nnci Hono
lulu, Territory of Hawaii, does not
constitute a vo)ago between the 'At
lantic and Pacific ports of the United
sular possessions themselves, and U
of such tentative character, that It
cannot reasonably be said that my
was vvboll) un
on between two points witnin mo
ramo collection district of the United questioning attitude
Stntes, or between two points within justified
different districts of tho United Stntes i That Maine Decision
S H. a , section
WATCH THIS SPACE
The new goods include PRINTED.ORGANDIES,
MUSLINS, PERSIAN LAWNS, EMBROIDERED
SWISSES, DIMITIES, FANCY WHITE GOODS,
SILK MIXED GOODS, FOULARD SILKS, ETC.
N, S. SACHS' DRY GOODS CO., Ltd.
In view of tho opinion nbovo refer
red to, I will thank ou for an opinion
lclatlvo to allowing 'drawback' on conl
used for fuel on board steam vessels,
engaged In trado between this port
and iny port on tho Atlnntle Sco
sections 12, 13 and 30, Act of July 24,
1897, paragraphs 413 of tho Act nbovo
cited. Articles 802 to 818 and 1206 to
1313, Customs Regulations of 1899,
Treasury Decision 22721, dated Jan.
14th, 1901. And In this connection .
your nttentlon is particularly invited I
to Treasury Decision 2771, wiiticln
'the Circuit Court of tho United States
at Portland, Maine, hag decided tint,
for the purposo of tho statute, vessels
trading between an Atlantic nnd .1
Pacific port aro In the foreign trade'
And nlso to Treasury Decision 14C70,
w'icicin tho Trensury Department has
decided "That an American vessel pro
cceillng from Atlantic to Pacific u.irts
l:i tho United States is 'bound on a
foreign vojngo' within tho purW'Vl
and lor tho purposo of Section 1570,
Various Matters Involved.
In response thereto, I beg leave to1
remark that while the real question
addressed to mo relates to drawback,
jet your communication Involves oth
er matters Thus, your communica
tion may bo readily apprehended to'
cmbrnco three distinct Biibjctts first,
n statement of what you assert to bo
my opinion In the matter of the Bhlp
In Inn I multii Hnnlnnpna m mll
ii, uui aiso in mi our ueuui-n, u second paragraph, jou do mo the lion
find coasting trado dlstlngu shed ns or ,0 rcmnrU Aml ln t,B tnec
that domestic trado from which for- t0)1 )mlr ttentlon Is particular! In
clgn vessels aro cxciuuoti we unci .1C(1 to Treasury Decision 2771,
me exclusion oi lorcign veusuin "", wherein the Circuit Court en the Unit
llwk nnrpvlnrt rrniln "frntn OtlO tin ft (if I m ii.il i I
the carrying trade "from one port of cd Slntes nt .0rtland, Maine, has do
tho United States to another port of
the United States" fully recognized.
Austria, August 27, 189, Article 7
llolglum, March 8, 1875, Article 4
Dollvla, May 13, 1838, Article 3.
Ilrnzll, Dec 12, 1846. Artlclo 2
Columbia, Dec 12, 184C, Artlclo 3
Costa Rica. July 10, 1851, Artlclo 2
Denmark, Aug 10, 1826, Article 2
Great D-ltaln, 1st treaty, Artlclo 13
Great Ilrltaln. Commercial Treat),
or 1815, Article 3.
Greece, Dec. 22, 1837. Artlclo 5
Haiti, Nov. 3, 1864, Article 12
Honduras. July 4, 1864, Article 2,
Itnly, Feb. 26. 1871, Artlclo 7
Japan, Nov. 22. 1894.
Mecklenburg Schwerln, Article 2
Netherlands. Aug. 26, 1852. Article 4
Nicaragua. Juno 21, 1867. Ankle 2
Peru, Aug 31, 1887, Article 7
Prussia, May 1, 1828, Artlclo 7
Russia, Dec 18, 1832. Article 7
Sweden nnd Norwaj. Jul 4, lb2T.
And see, also, Steamboat Co vs
Livingston, 3 Cow 747, Alameli vs
Neat, 32 Fed Rep 333, Itaveslc
U S, 37 Id 447, Gibbons vs Or ten
9 Wheat 214
It Is thus plain that the common ni
giimcnt thnt a voyage to Hawaii Is not
n coasting or coastwlso voyage bo
cause not nlong the coast of tin I nit
! Electric Power i
Tho advantages of electrical transmission of power arc numer
ous, but tho more Important may bo treated under tho following
2. Convenience and Flexibility.
3. Saving of Power.
4. Sanitary Improvement.
5. Increased Output.
6. Decreased Cost of Maintenance.
A full explanation of tho nbovo points will be cheerfully given at
our odlco or wo will call and see 5 on
HAWAIIAN ELECTRIC CO., Ltd.
KINQ STREGT, NEAR ALAKEA.
Helen Ilrower, second, jour Inquiry -''' States Is futile, since coastlm, Mac
WHY THROW $40 AWAY
by paying $100 for a typowrltcr when you can get an up to dato
' strictly high grado machlno
The Wellington Visible Writer
for $60. This machlno Is a revolution In typewriters. One of
many endorsements given tho Wellington Typewriter is as followB
"Wo make tho statement positively
that they aro absolutely tho best, ex
celling all others ln simplicity, dura
bility and accuracy. Wo are using 75
of them in our Philadelphia and Now
York stores. Thoy havo our unquali
"(Signed) JOHN WANAMAKEn."
We have just received a shipment of theso typewriters and
will bo pleased to givo full particulars regarding same.
Theo. H. Davies & Co., Ltd.
PER S. S, "ALAMEDA"
New Line Golf Shirts
very latest In tho market.
SILK AND GRAPE SHIRTS, PONGEE
SILK FOR SUITS, direct from the Orient,
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Robinson Block, Hotel Street.
ii ..in " '" . . ." '"-
General Merchandise. Dry Goods, Groceries.
rclatlvo to drawback, and, third, jour
recurrence to tho matter of foreign
voyages a njnttor tho closuro of
which I had regarded as accomplish
ed so lar as this odlco Is concerned.
It mny serve to disembarrass my re
ply If I clear tho ground for tho pres
entation of my views concerning draw
back, by offering one or two sugges
tions concerning tho first nnd third
of tho foregoing matters.
In jour opening paragraph, you
itato that In tho matter of tho ship
Helen Ilrower I expressed "tho opin
ion that an American vessel proceed
ing from Atlnntle to 1'aclflc ports In
tho United States Is not bound on a
foreign vojage" Tho opinion express
ed by mo In tho mnttcr referred to
will bo found In my communication ad
dressed to ou upon thnt subject, but
your reproduction of my opinion docs
not commend Itself to mo ns strictly
accurate As phrased by jou, this
statement of my opinion, I am bold
enough to point out, Is misleading
misleading In tho sense in which a
statement usually is when disconnect
cd from its appropriate context nnd
peculiar setting It wa.s an observn
tion of Chief Justlco Mnrshall that
opinions should nlways bo read and
undei stood In tho light of tho special
caso made, and It is not, therefore.
improper for mo to point out that. In
tho Helen Ilrower opinion, I wns not
dealing with "an American vessel pro
ceeding from Atlantic to I'aclllc ports
In tho United States, as that phraBo
has been currently understood; nor
was I called upon to decide the ques
tion whether tho voynges Indicated by
that phrase vvoro 'foreign vojages"
My opinion In tho Helen Ilrower case,
as ou must hnvo noticed, was couch
ed, not In tho nbstract, but In tho con
crcto, and Its scopo was, very ob
viously, Intended to bo limited to ves
sels vojnglng from nn Atlantic port,
not to a I'aclllc port, but to an Insular
possession of tho United States', which
Insular possession, by the express and
Is not limited to vessels proceeding
nlong tho coast of the United Sluice
31 Stats U 141. Chap 339. So- S
April 30. 1000, 31 StatB I- 249. t'na
(iOU, May 31, 1900, Treas Dec. Ii.ls '
l.luC 18S39. 191G4. 22201. and 22.'.:.',
lllgley vs S S Co. 103 Ted. Hep 71,
Huus vs S S Co, 182 U S, Insular
Opinion Not Expressed. '
You further assert In jour opening
paragraph that I expressed "the opin
ion t that a voyage between
New York. N Y nnd Honolulu, Ter
ritory of Ilnwall, docs not constitute
n voyage between tho Atlnntle and
Pacific ports or tho United States " It
U quite true that, in my former com
munlcntion. I adverted, In passing to
this subject matter, but It Is not en
tirely nccurate to say that I "express
cd tho opinion" which J on claim I did
or. indeed, that I "expressed" any
"opinion" whatever upon this subject.
The language I emplojcd ran thus
"Hero anil there scattered at Inter
vnls throughout the statutes ono
Hilda the phrase 'from a port mi tho
Atlantic to a port on the I'aclllc but
I do nut regard this phraso as of any
liuportnnco nt this Juncture I ques
Hon verj much whether n passage
tioin New York In tho United Stntes
to Honolulu In tho United States can
be regarded ns a passage 'from a port
on tho Atlantic to n port on tho 1'acl
111' In tho sense In which this phrase
is employed in tho Hevlsed Statues
Hut, however that may be I do not
regard tho references In jour report
as tin owing any light upon tho real
question Involved in this case-."
Pacific Ports Defined.
It Is perfectly patent that there is
nothing hero of settled opinion hut
nerely that questioning mental con
dition bo familiar to all members of
tho bar. The Impression In your mind
see ins to bo that because Honolulu is
nil American port situated In the I'a
clllc Ocean, thoreforo It Is a "l'nclflc
elded that, for the purposo of the stat
ute, vessels trading between nn Allan
tic and a I'aclllc port arc In the for
clgn trade '
This remark might be dismissed
with tho observation that tho decision
to which jou particularly Invite mj at
tention has already been considered
by mo in my former communication
(U S vs Patten, 27 Keel Cas, caso
No. 1007, pngcIGO) I will add, how
ever, that It may bo said concerning
United States vs l'nttcn that in tho
statute there considered thero was no
enactment that trade between Atlnn
I tic nnd I'aclllc ports Is gcnerlcnll)
lorcign irauo, uui inoro was an enact
ment that vessels engaged In tho for
eign trade Including, for the purposes
of that statute onlj trado between At
lantic ami I'aclllc ports, shall hav)
certain benefits ns to duties So fnr
from this caso holding that this stat
ute supplies a general definition of
I foreign trade anil constwlu- fide the
decision is to the effect lint tlu weirdie
las uscil In tho statute are not used In
their general slgnlllcntlou On pige
421 of the decision the usn of tho
words Is discussed ns follows
1 "The foreign trade In ' llrst clauso
Includes the trade between the AtUn
tic and I'neldc ports of the United
States Tho coastwise tiucln In the
first proviso ns elearlj exclulci tho-o
ports The term 'foreign trn I In the
llrst cliiise Is used In a sense lira-pl
or. nnd the term coastwlso trade In
the proviso ln a sense narrower than
the literal meaning of theso terms
L S vs Patten 1 Holmes' 124
The caBc, therefore carefiiltj con
ilderi'il Is rcilly nn nuthorltj that
"foreign trade," In Its literal sense, '
does not Include triielo from tho At
lantlc to the I'aclllc, nnd that 'coast J
wlan trail,. ' 111 ttn llli.ml unnun i1,,..a
Include trade from the Atlnntle to
tho Pacific In other statutes, how
ever, coasting trade and "oastwlse
trade arc used In their ordinary Big
nlflcntlon, and some statutes spcclll
enlly Include ti.ulo between Atlantic
nnd Pacific ports eo nomine as coast
Ing trade Thus the Act of June 9,
1874 (18 Stats G4), provides that an
net relating to shipping commission
ers shall not apply ' to sail or steam
vessels tngnged In the coastwlso
trade except tbo coastwlso trade be
tween tho Atlantic anil Vntlfic co-isls "
Anel beetlon 2999 IT S It S provides
for the appointment of Inspectors of
the Customs with power to Hiiperln
tend the landing or shipping of all
merchandlso passing coastwise be
twecn tho ports of the United Stntes
on the Pacific ami Atlnntle And In
the Netherlanils, Trcitj nbovo clteel
coasting trado In tho United Stntes Is
defined ns "the trade between their
ports on the Atlantic and their ports
on tho Pacific" Trade between tho
Atlantic and Pacific ports of the Unit
cd States mnj be a trado sul generis
it may bo conditioned by exceptional
geographical facta, but It Is noverthe-
I less trade "from one port of tho
United Slates to another port of the
United Stntes,' It Is nevertheless
coasting or coastwise trade It scums
therefore, ,that tho commissioner of
navigation properly decided that the
case of U. S. vs Patten (1 Holmes 42.
anel T D 2771 nnd others) had noth
ing to do with the pending questiun
(T 1) 22232) Thero Is. Indeed, no
prohibition of which I am aware
EMIL T. DREIER
"I think there bo six IMchmondt's in
The electrlcnl field has only one
It's electro galvanized,
each pleco can bo grounded
without extra precautions.
It cannot rust,
there Is more to tell
and 1 like to tell It.
CONTRACTING AND CONSULTING
Office, Room 8 Magoon Dldg.
Telephone Blue 281.
Bis Furniture Store
Whllo waiting for our now store In tho Sachs' Dullding to bo
completed, wo have moved temporarily Into the FISHER BLOCK, op
posite LOVE BUILDING, whero wo nro prepared to sell tho same ex
cellent stnndard of furnlturo as wo havo nlwajs made it a point to
Our temporary quarters nro very handsome nnd a visit from you
will bo welcome.
PORTER FURNITURE CO., LTD.
l-lslicp Itlock. op.
Love Hid., Port Street.
port of tho United Stntes' Hut Is against a registered American vessel
Manila a "Pacific port of tho United
pointed authority and command of tho Stntes." or Guam, or Tutulla? No
Treasury Department, was not only difference In principles can bo percclv
placed within the category of "const eel between them and Honolulu, they
Ing or coastwlso trade," but was spe- nro nil Aniericnn portB In tho l'nclflc
clllcallv. and In unambiguous terms. Ocean, but. without doing violence
permitted nnd authorized to maintain
Its trado with anj part of the United
States ln anj ono of three different
classes of vessels, namely, registered
vessels or enrolled nnd licensed vis
to Innguage. thoy cannot bo described
as ' Pacific ports of tho United States."
If tho phraso "I'aclllc ports of tho
United States" Is not to bo interpre
ted to mean ports on tho 1'aclflc coast
selH (Trens Clrl No 021 Is thero of tho United States. If the phraso Is
auy pretence that tho Helen Drew or to bo bo extended ns to Include outly
.Japanese Provisions, etc.
MAQOON BLOOK, MERCHANT STREET.
3? . O- D302C 886 IJVEstixi. 2IB
DIQ HOLIDAY 8TOCK OF TOY8.
Many new Staylea Table Covert, Embroidered both of Grass Linen and
Embroidered Piano Covers, 811k Handkerchiefs, Etc.
Heavy Pongee Silk and White Silks, Victoria Lawn, India Lawn and
Licet "of all kinds. New stock of Swiss Embroideries.
DRY GOOD8 OF EVERY DESCRIPTION.
is nut within one of theso thieii
classes of vessels? Is thero any pre
tence thnt the Helen Ilrower Is not
on enrolled and licensed vcssolf And
If she Is, may she not claim tho ben
oilts nnd privileges wisely bes'ewed
by Treasury Circular No 62? 'Ihu
Collcctoi of Customs at New York did
not regard her as about to depart uj.
ing Insular possessions, who shall say
where the lino of denial cation shall bo
engaging In tho coastwise trndo, but a
licensed vessel Is prohibited under
pen illy of forfeiture from going on a
foreign voyage, and It may bo thnt
this thought was In tho mind of thx
Secrutnry of the Trensurj when he
promulgated tho rule of Maj 3d 1900
"Trade between the United Stntes and
HnwaA will be carried on In register
ed or enrolled and licensed or ileitis.
cd vessels of tho United States onlj,"
T I) 22201 T D. CU);
Trensurj Decision 19S1I wns eleeld
cd on August 4th 1898, Immcili-ittly
after tbo annexation of theso Islands
SMITH PREMIER TYPEWRITERS
Still in the Lead-Always in the Lead.
HIGHEST AWARD AT PARIS EXPOSITION
HIGHEST AWARD AT BUFFALO EXPOSITION
It's tlmo to turn over a new leaf If jou have nover used the
Smith Premier Superior In construction and efficiency. Send or
call for catalogue
G. W. MAGFARLANE,
MACHINES SOLD. RENTED AND REPAIRED.
SHREVE & CO., San Francisco
To facilitate trade with tho Hawaiian Islands, will deliver
all goods purchased or ordorcd of them, freo of all charges
for transportation to Honolulu or returning same to San
Francisco. Goods will bo sont on selection to those know
ing the firm, or who will furnish satisfactory references In
Jewelers, Gold and Silver Manufacturers,
Market & Post 6t., S. P.
Illustrated CATALOGUE and prices furnished upon receipt
of request. Wo havo tho largest manufactory of Jewelry
and Sllverwnro west of New York City, and aro prepared to
furnish special designs.
drawn'' It must bo remembered that and lone before tho rullncs of the In
the phraso "from Atlantic to Pacific sular Cases Whllo it speaks of Ila
ports In tho United StntoB." "In the wnllan ports ns "foreign portB," yet
(.enso In which this phraso Is employ, tho ratio decidendi of the opinion of
ed In tbo IleVlscd Statutes," Is not of t10 Attorney General was baBed upon
iiceni coinage uui occupieei a piaco ih0 theory that the former relations
upon our statute hooks long anterior
on a "foreign voyage," but cleared her to tho time when our national policy
for this American port without a reg
istor, Is this "practical intorp'-ctu
tlon" to go for naught? Tho Supitmo
Court of tho United Stntoi, In tho
c so cited by mo In my former opln
Ion, did not think so, nnd jou will
readily concedo that I should rnntln
no to lio guided by thnt Court, Tho
manifest truth of the situation is that
this Is no meio question of geography
but ono clearly of tho correct uupio
henslon and accurate application of
began to accommodate Itself to the
new conditions arising from tho ac
quisition and government of Insular
possessions. When determining
whether tho scopo of this phraso, in
view of theso altered and novel con
ditions, should be so extended as to
Include an outlying Insular posses
sion, It Is n simple nnd natural prin
ciple of Interpretation which directs
ones attention to the circumstances
surrounding and qualifying tho origin
between Hawaii and tho United States
should bo treated as subsisting fur
rommcrclnl purposes until Congress
should determine what their exact or
gaulc relations were to be Under no
circumstances could this Treasury Dc
ctBlon bo regarded as authoritative in
transactions occurring nftcr Congress
In fact acted, It could onlj bo regard
ed 8B controlling In commorclnl trans
actions originating antecedently to the
ndoptlnn of the Organic Act. Hut
when Congress did net. long anterior
tp tho doparturo of tho Helen Ilrower
the Acts of Congress and Ilegulatlom and continued or habitual nso of tho rrom nw York, it not only dissipated
P o Doi ns
THE OLDEST CHi. E FIRM IN HONOLULU.
Dnl.n la Flu Silk, tad Gum lln.ni.
CMmm tad Jpn..Goodi ot All Clili.
io-if NQUtou itrtti
The Bulletin, 75cts. per month
of tho Treasury Donartment. phrase Hut now hero among these
Three Navigation Clasaes. circumstances can uo pereeive-ei uny
The Acts of Congress dlvldo all nav ndvortenco by Congress to outlying In
lcatlon Into three classes foreign sulnr possessions When this phraso
trade coasting trado and fisheries originated when Its mennlng for eor
Tel. Main 311
PoBtolllce Box 67
So far as foreign trado Is concorncd
our vessels compcto on equal terms
with the vessels., of all nations, but
tho privileges or tho coasting trado
arc pursuant to our public policy, ex
piessly reserved to our own vessels,
nnd this reserved trado Is known ns
tho coasting trado Coasting trado,
then, might bo dellnod as that trado
from which foreign vessels arp debar
red by section 1347, U. S It. S, to
wit trado "from ono port of tho
United States to another port of tho
United Stateb." Trado between an
tain spocllie and limited purposes be
enmo adjudicated our Government
then had no such outlying Insular pos
sessions as it now controls such pos
tho Idea that Hawaiian ports am
"fnrclen Hurts ' hut 11I30 distinctly
placed trado between Hawaiian ports
and tho United States In tho category
of coasting or coastwise trade tOignn
Ic Act, See )H) and when tho Su
promo Court considered the Insular
Cases, It closed forovor all discussion
or this subject (Huus vs S S Co
supra) Hut Anally Treasury Decision
10811 so fnr at least us this phase Is
concerned. Is overruled bj Treasury
Decision 22201. Trensurj Clrculai No
C2, May 3, 1900
Continuing, jou ndd "And nlso to
Treasury Decision Hi70, wherein tho
(Continued on pago C.)
BIG SHIRT WAIST SALE
FOR ONE WEEK ONLY. ALL WAISTS MARKED
BELOW COST. GALL AND EXAMINE THEM.
A. A. MONTANA,
Lending Di'CHsmnlcInjv Uoime and Millinery Pnrlors.
Arlington lllock, Hotel Ht. II. Ft DAVISON, Manager.
The Germania Life Insurance Gompanv,
OF NEW YORK.
ASSETS $27,378,533 30.
raid to Policy Holders since? 1SC0 for Death Claims. . .124,373.100 CS
For Matured Policies 7,507.008 27
Dividends and -Surrenders 13,099,134 37 '
Total S1S,S?,212 29
Manager for Hawaiian Islands. JUDD BUILDING.
WELL WORDGD WANTS IN '
I THE BULLETINl