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CVCNINO DULLKT1N, HONOLULU, It. T., THURSDAY, FDIl. 20, 1902.
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OPINION ON DRAWBACK
AND OTHER J)1ATTn!i8 BY
FEDERAL ATTORNEY DUNNE
(Continued from page 3.)
If HI H
Situations find Help Wanted
WANTED First class housekeeper,
familiar with hotel work; refer
ences. AiUlress 11. K., llulletln of
WANTED Position to do general
housework on caro for children. Ail
dress Olrl, this ofllce. 2075-lw
EXPERIENCED dry goods salesman
wants position. Address (1. (1 . this
WANTED Young man wants work
oi any mnu; experienced waiter aim i
porter, I'. A. J., this ofTlce. j
WANTED Young man desires a sit-1
untlon as porter In hotel. Address
V. E. I'., this oillce. 20700-lw
YOUNQ man would like to do book
keeping for two or threo small
Arms; references. Address D., Bul
letin omco. 20CO-1W
Ads In this column will be Inserted.
Per line, one Insertion 15c
Per line, two Insertions. ..25c
Per line, one week 30e
Per line, two weeks 40e
Per line, one month 60c
This Is the cheapest advertising
ver offered the people of Honolulu.
SPECIAL NOTICE Honda furnished
to any amount for the man holding
position as guardian, postofflco offi
cial or any otheff position of trust.
Honolulu Investment Co. 2051-tf
NOTICE TO BUILDERS Tho Union
Express Co. has WHITE SAND FOR
WANTED Everybody to know that
tbo Canton Marino Insurance Co.
office Is at Honolulu Investment Co.
WANTED 500 men to shave for 15c.
Jeffs, 43 King St.; five whlto bar
FOR SALE Very old tapa quilt, also
very old calablshes, some unpoUsh
ed. Address 7... this office. 4s tt
FOR SALE Furniture. Call at ltoom
11, Queen Hotel, Nuuanu St.
FOR SALE Farm of 10 ncres, with
house, all improved and fenced, at
Honokaa, Hawaii, $1500. liouso and
lot, Kcwalo. 60x100, $800. liouso
and lot. King St., 00x120, 13000.
part mortgage, part cash. Lease
hold, 20 years on King St., near LI
llha, 77x200. Ono fino gentle driv
ing horte, sultnblo for any lady.
$1500 to loan on good security. In
quiry S. Decker, with W. V. Wright.
King, cor. South St.
FOR SALE Horse and phaeton; horso
gentle; good under saddle; phaeton
almost new. K. C. I)., llulletln.
FOR SALE Coral rock for filling. Ad
dress H. M. Duncan, at llulletln of
FOR SALE Old papers, 10c a bundle
Apply at this office. 2035-tf
LOST Small gold locket; Initials It.
J. T. on back. Finder please return
to this office. Howard. 2074-lw
YELLOW canary bird, In vicinity of
Emma Square. Howard at llulletln
office. 2073-1 w
LOST Black cloth cape, whlto satin
lining. Leavo nt Wells, Fargo oillco
and recelvo reward. 4s-lv
LOST Deeds In favor of L. P. Mar
ques, E. Plres and J. D. Marques,
ono Insuranco policy and Nahiku
stock certificate. Finder will bo re
warded by retuulng samo to J. D.
Marques, at Lowers & Cooke.
LOST On road around Diamond Head
brown leather purse marked "F.O..
and containing keys, etc. Howard
If returned to llulletln office,
LOST Many thousands of dollars
through neglecting to liavo stock
sufficiently Insured, Honolulu In
vestment Co. represent four of tho
strongest flro Insuranco companies.
TO LET Furnlr.hed room, with bath
attached, for couple, with or with
out board. In prlvato family In
town. Apply this office 2075-tf
TO LET Cottagel Cottage Grove,
King St. Enquire No. 8 cottago.
FOR RENT Cottago on South St.;
ix rooms; modern improvements;
320. Honolulu Investment Co., Judd
TO LET Newly furnished airy sulto,
table board Is desired. 144 Unretana
TO LET Two nicely furnished rooms
close to Kapld Transit II. It. power
house. Tho Ualmoral, 831 Young
TO LET Threo handsomely furnish
ed rooms; new home. 1325 Bero
tanla, cor. Keeaumdxu.
TO LET Flvo room cottago off Wnl
klkl road between Hopkins and
Illsbop switch. Immedlato posses
sion. Apply Hawn. Tramways of
fice, Punaho.u. 20G4-tf
i O LET Newly furnUhod rooms, sin
gle or en suite, first-class tablo
board, hot and cold water, electric
lights, etc. 1270 llcrotanla St.
T,0 LET Roomy bath tub, with either
'hot or cold water anu all modern
' Improvements, .'all at Stlont Bar
ber Shop. 2019-tf
TO LET Cottages olf I .hool St. nr.
Nuuanu, $15 and $17. On Insano
Asylum road, $12.50 and $0.60. P.
E. R. Strauch, 32 Campbell block,
316 Fort t. 2051.2m
Ads. will be Inserted l!RUE.
WANTED Fli t i lass tinker nnd pas
try cook, for hotel work. Address
U. 1'., llulletln oillie 2075 lw
SALESMEN WANTED To sell our
goods by sample to wholcsnlo and
retail trade, wo nro the largest and
only manufacturers In our lino In tho
world, liberal salary paid. Address
Canl)x Mlg Co. llurfnlo, N. Y.
WANTED Herman girl to do general
household work nnd caro for chll-
drcn. Mary, llulletln offico.
TO LET Furnished rooms nt Mrs.
McConnel s, Harden lane. 2035-tf
FOR RENT Furnished rooms, en
ritlto with privilege of light liouso
keeping 714 Fort St. 2058-lm
ROOM AND BOARD.
THE LOS ANQELE8 1623 Fort St.;
nowly furnished rooms, mosquito
proof; terms rcatonablo. 1930-tf
FOUND Insurance ngalnst the break
ago of pinto glass at Tho Honolulu
Investment Co. 2051-tf
OF INTEREST TO YACIITMI1N.
The first race .of the third class
yachts for the Hoth trophy wilt take
plnce Fcbrunry 23, oer the Ford's Isl
Preparatory gun will he fired nt 10:30
nnd stnrtlng signal nt 10:45. Entries
must be filed In writing with the sec
retary not later than 12 o'clock noon
of Friday. February 21. Racing rules of
I the II. Y. Co. must he compiled with,
especlnlly In regard to registration.
measurement, club flags nnd ring life
Ily order of
ItF.OATTA COMMITTEE, II. Y C.
Any member wishing to bo present
nt the chowder gathering should regis
ter with the secretnry on tho roll offl.
dally prepared. In order to Insure ac
commodatlons. The port captain must
know beforehand how many to pro
j vide for. Only members arc expected
10 uo present.
The Honolulu Engineering Associa
tion met Inst Saturday night In Sim
Antonio hall. Vineyard street. The
evening was given up to the discussion
of fuses and addresses were made by
Lieut. Holmes of the Navy, Chief
Electrician Pratt of the Honolulu Iron
Works, nnd Munat,er Hartley. Tho
next meeting will continue the dls
cusslon of fuses. The temporary offi
cers of tho association nre. II. S,
Frlcke, president; W. E. 3klnner.
treasurer, and Wni. Gltt, secretary
Tho remaining offices will be filled nt
the next session nnd there will also be
several new members elected.
SURGEON AND SPECIALIST.
Eye, Ear, Nose and Throat Exclusively
HEMOVhl) to now ofilce, 1140 Ala
l:ea Street, opp. Hawaiian Hotel.
Hours, 9 to 12, 3 to 5:30, 7 to 8; Sun-
uays, y to ..
Dr. Archibald N. Sinclair.
Offices Rooms 208-209 Iloston build
ing, Fort Street.
Telephones Office, Main 385; I! is.
tdencc, Whlto 28C1.
Hours 11 a. m. to 1 p. in.; 3 to 5
p. m.; 7 to 8 p.m.; Sundays, 12 to 2 p.m.
P. O. Hox 801.
A. 0. WALL, D.D.S5. .
0. B. WALL, D.D.S.
love Building, Fort Street,
Hours. 9 to 4. Telephone Main S20
W WATCHES UjN
DURABLG AND ACCURATE
The Keystone Watch Case
Co., I M AW IHUU iSjJ
America's Oldest and
Largest Watch Factory
Por mciIu by
The Princioal watch
Dealers In Hawaii
Trumbull & Beetle's
Flower and Vegetable Seeds
Awarded Gold and Sliver Medals Paris
Beautifully Illustrated catalaguo
mailed free on application.
TRUMBULL & BEEBE
SEEDSMEN AND NURSERYMEN,
419-421 Sansome St.
San Francisco, California.
Honolulu Iron Works.
Improved and modern SUOAH MA
CHINERY of ovcry capacity and de
scription made to order. Roller work
tnd RfVETED PIPES for Irrigation
purposes a specialty. Particular atten
tlnn n.M tn THT1 TtmrtTT nnri rnnolr.
. .. u r..u , ww ,,...., -.. .........
' xopiitftl sr shortest notice.
COTTON BROS. & CO
ENGINEERS AND : : !
Piiai an4 animates furnished for all clalMi
ROOM , BOSTON BLOCK, HONOLULU
F. M. BROOKS ..ttorney; rooms 9-10,
Spreckcls bldg.: Tel. Main 344.
CARLOS A. LONG Attorney; 15 Kaa
humnnu St ; Tel. &81 Mala
J. M. DAVIDSON Attomey-at-Lnw,
109 Knahumanu St.
GARDNER K. WILDER Attorncy-at-
law; Knahumanu at.
I. M. LONG Offices 3.S-33 Campbell
bldg.; Tel. Main 278. I
E. J. WALKER Coffco Broker; room
4, Spreckcls bldg.
C. A. COWAN 1180 Union St., opp.
1'aclllc Club; sundries, etc.
MCDONALD & LANGSTON Contract
ors and Builders; llo8 Union St.
PACIFIC VEHICLE & 8UPPLY CO.
Flno carriages, wagons, harness
and whips; Derctanla near Fort St,
CIQARS AND TOBACCO.
ELrxS BUILDING, C1C Miller Street.
THE KASH CO., LTD. Two stores.
23-27 Hotel St. nnd cor. Fort & Hotel.
COLLECTIONS AND ADJUSTMENT.
H. G. MIDDLEDITCH Mgr.; Com
mercial Law and Adjustment Agen
cy; rooms 10-16 Magoon bid. Tel. 328.
CONVEYANCING Charges reason
able. Room 10 Mclntyro Block.
DR. ALBERT E. NICH..-.8 Dentist;
1154 Alakea St.; offico hours, 9to 4,
DR. DERBY Fort nnd Hotel Sts.; gas
administered, painless extracting.
DR. C. B. HIGH Phlla. Dontnl Col
lego '92; Mnsonlc Tcmplo; Tel. 3181
DR. G. W. RAYMOND Room 3. Mott
Smith bldg.; hours 8 a. m. to 4 p. m.
DR. T. MOTONAGA 46 Bcrctanln SL;
offico hours 8 a. m. to 4 p. m.
W. BEAKBANE Card engraving and
stamping; room 2, i to bldg.
MERCHANTS' PAhCEL DELIVERY
Bethel St., opp. Wavcrley blk.; Tel.
621 Bluo; pkgs. called for and del'd.
C. A. SCHMIEDTE Baggago express
and drayago; TcU Whlto 921.
E. TAPPAN TAN N ATT Civil and
electrical engineer; olllcd, 1313 Wil
der Ao.; Tel. 3441 Bluo.
DAMIEN COUNCIL No. 663 Young
Men's Institute, meets ovcry second
and fourth Wednesday In tho month.
HAZELWOOD MARKET CO 1281
Fort St., near Kukul Groceries,
Fruits nnd Tobaccos.
J. E. GOEAS Borotnnla near Emma,
St.; Tel. 2312 Blue. I
S. J. SALTER Successor to Salter &
Walty; 712 Fort St, Orpheum blk.;
Tel. 681 Blue.
F AVEIROS Oroccrlos;
Walklkl of Emma St.
Send the weekly edition of the Bui
letln to your friends. Only $1 a year.
CITY 8HOEING 8HOP J. W. McDon
nld. Fort St.. opp. Club Btnblcs.
7-sVif T' ' -..
fl -. A M ' . V t -
T . .g. --j j. -w- -&r,-vt m s
SKATING AND ICEB0ATING ON THE HUDSON.
HARNESS AND SADDLERY.
MANFG. HARNESS CO, Corner Fort
nnu iving bib., iui. mum an, i-. u.
CALIFORNIA HARNE8S 8HOP Fort
1 St., opp. Club Stables; P. O. box 791.
, REIS & QUINN King St., near Fort;
Tel 290 .Main.
THOS. LINDSAY Mfg. Jeweler anfl
watchmaker; 630 Fort St.; Love
bldg.j latest In novelties.
I nt tho PANTHEON SALOON.
TERRITORIAL ME8SENQER 8ER
VICE Union SL nr. Hotel.; Tel.
ANNIS MONTAGUE TURNER Vocal
Instructor; "Mlgnon, ' 1024 Dercta
ELLIS' HAWAIIAN QUINTET CLUB
Music furnished; Mctropolo Ho
tel, room 12, Alakea St.
E. K. KAAI Teacher of string lnstru
ments; studio, Lovo bldg., Fort St.
HAWLEY'8 MILLINERY PARLOR8
Tho latest in millinery, etc.; Boston
bldg.; Tel. 264 Main.
MR3. HANNA Fort SU next to Love
bldg.; choice lino of now millinery,
trimmings, etc; agent for Buttcrlck
DR. SLOGGETT Eye, Ear, Nose and
Thoat; ofllce at Eye and Ear Infirm
ary, Alakea St. Hours 9 a. m. to
4 p. m.
DR. FRCD. W. HODGINS Eyo. Ear,
Noso and Throat only; offico Alakea
St, lately occupied by Dr. Murray;
offico hours 9 a. m. to 4 p. m.
KATHARINE J. MacKAV, M.D., CM.
-520 Derctanla Ave; Tel. Blue 3551.
DR. JENNIE L. HILDEBRANDE 248
Derctanla Ave; Tel. Bluo 821.
ANTONE PILARES A CO. Plumbers
and Tinsmiths. All kinds of sani
tnry work. Sower connections a
specialty. Cnnrgcs to suit tho
limes. Corner Miller and Punchbowl
PAINTER AND PAPERHANGER.
V. H. POULSEN minting and paper
hanging; Territory Stables, King St.
JUDD & CO., LTD. Building lots nnJ
residences for salo; 307 Stangcn
wald bldg.; Tel. 223 Main.
M. G. SILVA Agent for real cstato,
also to grant marrlago licenses'
58 Merchant St.; Tel. Main 115.
PRIMO BEER Is good If It Is kept
right. Try it. t tno PANTHEC
AMY LENNON Stenography nnd
typewriting; 13 Kanhumanu SL
E. MORIKUCHI 14 Hotel St., nr. Nu
1 uanu. Felt, straw, panama hats
ALBERT BERNDT Tailoring and ro-
pairing; Elks bldg., 616 Miller St.
OROTE & CRAMER Tailoring and
repairing, Union, near Hotel St.
J. W. A. REDHOU8E Watch and
ehronnmeter maker: 79 Merchant SL
'- t .,- .-
Treasury Deportment has decided
that an American vessel proceeding
from Atlantic to Pacific ports In the
United Statts is bound on a foreign
oyngc within tho purview and for tho
purpose of section 4570 Revised Stat
utes." Without stopping to analyze
the preclso force and bearing of this
decision, I have the honor ngaln to
point out thnt Treasury Circular No,
02, T. I). 2220I, 3 T. I). 403, Mny 3.
1900, Is conclusive upon the matter of
"foreign ynges ; and should any
discrepancy bo perceived between
Treasury Decision 14070 and Treasury
Circular No. 02, tho latter, not only
as being the latest expression of opln
Ion by tho Department, but also as
furnishing tho special and peculiar
rule applicable to these preclso Ul
rinds. Bhould he obeyed ns tho imra
mount authority. Before lenvlng the
subject, I may add that after tho Is.
Biiance of Treasury Circular No. 62,
tho Department directly recognized
tho trade between tho Territory of Ha
waii and the United States to be, not
foreign trade, nor trado between At
lantic nnd Pacific ports In tho United
States, but distinctly as "coasting
trade," and directed action pursuant
to tho Act of Juno 5, 1894, to facilitate
tho entry of steamships, "whether
such steamships are navigated under
registers or under enrollments." 31
Stats. L, 249, Chap. 600, May 31, 1900,
T. D. 22256, Juno 1, 1900.
Question of Drawbacks.
I come now to your request for "an
opinion relative to allowing drawback
on coal used for fuel on board steam
vessels engnged In trado between this
port and any port on tho Atlantic.
Tho meaning conveyed by tho term
drawback Is that of a total or partial
return or duties paid upon Imported
merchandise'. This definition of the
term, however, suggests Its true char
acter as a mere privilege, or act of
grace, which Is subject always to the
control of Congress, nnd which Con
gress mny grant, modify or withdraw
according to tho dictates of Its own
good judgment. Drawback Is thus a'
mere creature of tho statute, circum
scribed and limited by tho terms of
the statute which creates It; whllo one
Congress may expand its operation,
the next, with equal facility, may eith
er contract that operation within nar
row limits, or obliterato It entirely;
and no better Illustration than tho
history of this act can be found, of
the i rlmary necessity of consulting tho
langungo of the statute to determine
the qualifications and limitations
which Congress has seen fit to lm
poso upon drawback. U. S. vs. Allen.
52 Fed. Rep. 575; S. C. 68 Id. 864; S.
C. 163 U. S. 499.
The case last cited, not only recog
nizes that drawback Is an exception
al privilege, but also employs tho fol
lowing significant language: "The
claim advanced Is that an exceptional
privilege or exemption from tho gen
eral operation of a law exists In favor
of the defendants In error. Such a
claim Is within tho general principle
that exemptions must bo strictly con.
strued, nnd that doubt must be re
solved agalnBt the ono asserting the
exemption.' And that drawback Is
considered by tho Treasury Depart
ment, also, to bo a privilege, Is evi
denced rrom T. D. 19260; 1 Syn. Dec.
C21; and 'under paragraph 415, sti Ici
ly the vessel's privilege; T. D. 22513,
September 27, 1900. Drawback being
thus an exceptional privilege, and not
n matter of right. It follows that the
scope of Its operation la to bo deter
mined by the language of tho statute
authorizing it. Tho terms of the
statute nro to be token precisely an
written, without addition or subtrac
tion; the statute Is to be tested by ltd
own termn; neither Its terms, purpose
nor meaning can bo extended by Im
plication or construction; and, to par
aphrase tho language of U. S. vs. Al
len, supra, tho statute is to bo strictly
construed, and all doubts resoheil
against tho applicant for drawback,
U. S. vs. Clayton, 2. Dillon, C. C. 224-0;
nox County vs. Martin, 68 Fed. Rep.
789; Shroe vs. Checscman. 69 Ind.
792; R. R. vs. Phelps, 137 U. S. 530;
U. S. vs. Allen. 163 Id. 499.
Restrictions on Drawbacks.
Carrying carefully In mind tho fore
going principles, It will bo observed
that paragraph 415 of the Tariff Act.
so far as it relates to drawback, la
really a statute of very limited bcopo.
It Is limited. In tho first place, by the
use to which the coal is put; the draw
bock Is authorized only upon that Im
ported coal which Is aftowards "used
lor fuel"; and a limitation of this char
acter, upon tho familiar prlnclplo ox
prcssio unliis cxcIubIo altcrlus, nega
tives nny drawback upon imported
coal otheiwiso used. In tho next place
the scope of this statute Is restricted
to a specifically designated class of
vessels. It Is limited to registered
steam vessels only; It takes no ac
count of em oiled and licensed, or li
censed vessels, It establishes no draw
back privileges for two out of tho
three classes of cssels recognized In
Tieasiiry Ciicular No. 62 as compe
tent to enrry on the "coasting trade"
(T. D. 22350) between these Islands
and nny other part of tho United
States, and so far as tho cIbbs of ves
sels Is concerned, wo again encounter
Ihe maxim above adverted to. And
In tho third place, the Bcopo of this
statute Is lestrlcted by the class of
trade In which the registered steam
vessel Js engaged. The statute con
cedes the privilege to "trado with for
eign countries," and to "trado between
tbo Atlantic nnd Pacific ports of the
United States'"; but does not concede
tho pilvllego to nny other trade, and
Is significantly silent concerning tho
"coasting trade." Thus, a steam ves
set, whether reglsteicd or not, trading
between Portland In tho Stntc of Ore
gon, and San Francisco In the Stato
of California, would not become en
titled to the privilege In quextlon, for
the obvious reason that she would not
satisfy the condition of tho statute.
Nothing, Indeed, an bo clearer than
the class of use, tho class of vessel,
and the class of trade, to which para
graph 415 does not apply; It does not
apply to coal used otherwise than for
fuel, It does not apply to enrolled and
licensed vessels, It docs not apply to
licensed vessels. It docs not apply to
coasting or coastwUo trado.
It may be lemarktd that sections
12 and 13 of tho Tariff Act recognize,
for limited purposes, tho Individual
Identity, ns n Beparata species, of
"trado between tho Atlantic and Pa
cific ports of the United StnteB"; for
If "trado between the Atlantic and
Paclflo ports of tho United Stntes" bo
"foreign trade," thero would be neith
er rhyme nor reason to justify the In
ter jectlon Into these sections of the
This wondorful mcdlclno has never
been equalled as a stomach strength-
encr nnd health builder, it is tho only
ono to tako when your system Is weak
and run down and you suffer from
dyspepsia, Indigestion, constipation,
flatulency, sour stomacn or neaaacne.
Try It. It will Btircly do you good. Bo
sure to get tne genuine wmi our r-ri-vate
Die Stamp over tho neck of tho
phrase "Including tho trado between
the Atlantic and Pacific porta of tho
United States" such n phrase, upon
your theory, would bo mere Idlo nnd
vain repetition. Sections 12 and 13
assumo tho existence of theso two
trades, but Includo both within tho op
eration of tho samo rule.
This does not mean that tho spe
cific Identity of either trade Is oblit
erated: it docs not mean that the ono
Is merged into tho other; or that tho
word "Including" makes "foreign
trade" out of "trado between tho At'
lantlc nnd Pacific portB of tho United
States." In other words, it does not
follow that because tho Btatuto In
cludes "trade between tho Atlantic
nnd Pacific ports of tho United States"
within the operdtion of these sections,
therefore that trado loses Its own In
dividuality, and becomes a part of
"foreign trade." (Blackburn, J In
Pound vs. Plumstead Board of Works,
L. R. 7 Q. II. 194). But when wo
turn to paragraph 415, wo noto not
only the absencu of the word "Includ
ing." but also the presence of tho high
ly suggestive word "or." That Is to
Bay, this paragraph, whlto subjecting
both classes of trade to tho operation
of tho same rule, yet distinguishes
between those trades Inter scsc, nnd
opposes the one to the other by em
ploying the Innguago "engaged In
trade with foreign countries, or in
tinde between tho Atlantic and Pa
cific ports or the United States." This
section 12, by tho way, docs not ap
pear to authorize tho payment of
drawback or duties. T. D. 32660, Dec.
Paragraph 415, then, establishes a
mero prlvilego which Is not to be ex
tended bojonil the limits clearly jus
tified by tho strict language employ
ed. Its operation Is restricted by the
class of use to which tho coal Is put,
by the class of vessel using the coal,
and by tho class of trado In which
tho vessel Is employed; nnd unless
satisfaction of all of these conditions
may bo clearly predicated of tho appli
cant for drawback, tho drawback must
be denied; and should any doubt ob
scure tho clarity or tho application,
then, too, must the drawback bo de
nied. Drawback, In other words. Is
the mere cicaturc of tho statute, and
cannot be permitted save In tho cases,
and subject to the limitations, pre
scribed by Congress. When, for In.
stance, It Is said that, other condi
tions being satisfied, registered Btcam
vessels aro entitled to drawback, this
Is not becauso such vessels aro reg
istered steam vessels, at all, but bo
caiiBo Congress has seen fit to say and
ordain that such vessels may enjoy
the prlvilego; nnd for precisely tho
samo reason nro other classes of ves
sels debarred. In brief. Congress
could have granted drawback to any
selected class of vessels, and denied
It to nny other class; thero Is no mat
ter of right In drawback; It Is a pure
matter of grace; and, thereforo, no
ground for complaint may bo based
upon tho grant of a prlvilego to ono
class of lessela accompanied by the
denial of tho like privilege to another
rlass of vessols (Compaio Cust. Reg.
1899. Alt. 808).
A Limited Exception,
I may add that the exceptional prlv
ilego of drawback is not permitted to
merchandise shipped to places within
the Jurisdiction of tho United States,
except In tho specifically limited ex
ception mentioned In tho paragraph
under discussion. And to Illustrate
the understanding or tho Department
as to the scopo ot that exception to
Illustrate the settled adjudication by
tho Department that outlying Insular
possessions or tho United States aro
not either Atlantic or Paclflo ports
ot the United States, I liavo tho honor
to call your attention to tho following
1, No drawback Is permitted on
merchandise shipped to Porto Rico.
T. P. 22167, April 17. 1900; T. D. 22
17?, April 23, 1900; T. D. 22183, April
In passing It will bo noticed that
tho Insular Cases wcro not decided
until May 27, 1901.
2, No drawback Is permitted on
merchandise shipped to the Philip
pine Islands. T. D. 22157, April 17
1900; T. D. ,22183, April 25, 1900. qual
ified reversal of T. D. 22157; T. D.
23287, Sept. 25, 1901, total reversal of
T. D. 22157.
It will bo observed that tlio Insular
Decisions Intervened between T. D.
22157 and T- D. 23287.
3, No drawback Is permitted on
merchandise shipped -to Guam. T. D.
The Dr. &;- AUen Electric "Belt'
(with sus- 3sySg penwy Is guaranteed
to possess viv all the curative proper
ties of the esnenslve belts nnw sold by
do.tors and druggists. It gives a very
trong current of electricity and Is eally
regulated. B'jund to supersede others. Can
be had from the undersigned only; no
ants; no discount. Circular free. Address
Pierce Electric Co . jo6 Post St.. Sc n
Francisco. Sent frerto Hawaii for $5.00
THREE BURGLARS WHO
ENTERED WAIALUA STORE
Another Wholesale flelease of Da-
fendarjts for Lack of Forms
Jury Finds Dinner Before
HypoIIto Fcllclnno, Augustlno Bar
ga nnd Angel Marcllo wcro found
guilty of burglary by a Jury before
Judge Gear yesterday. They nro tho
men who broke Into the Walalua plan
tation store. Frank K. Thompson was
i jslgncd by the court for their do-
Four Porto Rlcan girls, captured In
a police raid at Iwllci, wcro discharg
ed becauso the original complaint In
the Pollco Court was not written, J.
L. Kaulukou appeared for defendants,
Wong Lee, nssault, and Manuel Gra
cia and Mrs. Una Bailey, adultery,
were released for the same reason.
Before Judge Humphreys tho case of
Gchrlng & Butzke vs. T. .Tanlta re
sulted In a verdict lor plaintiff for
Apana vs. D. Kul was next tried,
being a suit on a note for $100 and on
store account balance. The wholo
amount was $600. It took the Jury
five to nlno o'clock yesterday evening,
with a dinner at the Pacific drill, to
find a verdict for plaintiff In tho sum
23223, August 7, 1901; T. D. 23287,
Sept. 25, 1901.
4. No drawback Is permitted on
merchandise shipped to Tutulla. T. D.
23223, Aug. 7. 1901; T. D. 23287, Sep
tember 25, 1901.
5. No drawback Is permitted on
mcrchandlso shipped to Hawaii. T, D.
22341, July 11, 1900; T. D. 2311x9,
Juno 12, 1901.
Application of Principles.
Applying theso principles to tho
statute in question, I conclude:
1. Drawback Is limited to Imported
coal "which Is afterwards used ror
2. Drawback Is limited to registered
steam vessels only; other classes of
vessels nro debarred.
3. Drawback Is limited to vessels
"In tradq with foreign countries" or
"In trado between tho Atlantic nnd
Pacific ports of tho Ur.Iled States."
4. Drawback Is not authorized In tho
coasting or coastwise trade.
5. "Trado between tho Atlantic and
Pacific ports or tho United States"
means "trade between ports on tho At
lantic nnd Pacific coasts of tho United
. "Trado between tho Atlantic and
Pacific ports of tho United States"
does not Includo trade botwcc.i At
lantic or Pacific ports of the United
States and an outlying Insular posses
slon of tho' United States.
7. "Trado between Atlantic or Pa
cific ports of tho United States" nnd
an outlying Insular possession of tho
United States, like the Hawaiian Isl
ands, Is coasting or coastwise trado.
v. In adopting paragraph 415 of tho
Tariff Act, Congress never contem
plated or Intended Its application to
this outlying insular possession of tho
United Stntes, ror tho obvious reason
that tho Hawaiian Islands wero not
then within the legislative jurisdiction
of Congress; paragraph 415 hnvlng
been adopted on July 24, 1897, and tho
Ncwlands Resolution on July 7, 1S98
(30 Stats. L. 750).
9. In my opinion, no drawback
should be allowed "on coal used for
fuel on board steam vessels engaged
in trado between this port and any
port on the Atlantic"; and I hnvo the
honor so to advise you.
Very rcspcctrully, .
J. J. DUNNE.
Assistant nnd Acting United States
On Ocncral Grant's principle that
"tho best way to get rid of a bad law
Is to enforco It," Dr. Parkhurst Is
right In prodding Mayor Low for lex
ness In enforcing tho Sunday closing
law. But is It not a llttlo early for
such severe criticism as Dr. Park
burst gives tho Mayor? Two weeks is
a rather short tlmo in which to maku
a complete revolution In tho adminis
tration of a city llko New Yoik. Phil
Notlco Is hereby given that Mr. E.
F. Schmidt has this day been appoint
ed nn agent of this Department for tho
numbering of buildings In tho District
of Honolulu, Island of Oahu, vlco Mr.
Stonloy Stevenson, resigned.
J. H. BOYD,
Superintendent of Public WorkB.
Department of Public Works, Hono
lulu, February 17, 1902. 2u75-3t
Will bo received by the Superintend
ent or Public Works until 1 p. m. on
Monday, February 24th, 1902, ror con
structing Dralnngo Ditch ror Kewalo
Plans and specifications on file In
omco or Superintendent of Public
Tho Superintendent docs not bind
himself to accopt tbo lowest or any
bid. JAMES ft. BOYD,
Superintendent of Public Works.
GRAND EXCURSION and PICNIC
TO KALIHI PARK PAVILION
TIckotH $1, admission to grounds
Transportation Uoth Ways