Newspaper Page Text
"Jurisdiction of Classification Board
Goods From the Hawaiian Islands
FINE SATIN TAFFETA RIBBON
NO, 40 AT 20c PER YARD
A superior quality o( puro silk ribbons and absolutely new. Tho
colors white, black, pink, bluo, Leghorn, heliotrope, old rose, cardi
nal, Nile green, cerise.
NO, 60 AT 25c PER YARD
COLORS Black, White, Pink, Blue, Leghorn, Heliotrope and
Only a small quantity o( this ribbon and wo predict that It will
all be sold by Tuesday, tho 25th. Come early Monday morning.
Spring's Newest Wash Materials
Wo quote prices this week which you should comparo with tho
goods, and you will And tho Inducements very tempting.
New patterns; whlto ground
with navy blue, pink, light bluo
and cardinal stripes and dots
8 yards for $1,00
Extra quality, exceptional rnngo
of patterns; colorings oxqulslto
20c per yard
33 Inches wide, splendid rango
of colors, extra fine quality
25c per yard
Complcto stock, great assort
ment of patterns
10 yards for $1,00
Full-width goods; latest de
signs; whlto ground with color
6 and 7 yards for $1.00
Flno line, very sheer In black
and whlto only, largo and small
30c per yard J
Pin dotted and Embroidered;
strictly up to dato materials;
extra quality; perfect colorings;
low prices; black, white, cardi
nal, pink, light blue, linen color
30c per yard
WHITE GOODS IN GREAT VARIETY
Our assortment of these goods Is most elaborate and of tho latest
stylish patterns. Trices that aid In making them an unusual induce
ment. At 10 Cents a very fair quality In laco and lawn stripes. At
12 1-2 Cents checks, plaids end stripes In handsomo assortment. At
15 Cents, fine sheer goods, open work stripes and fancy checks. At
20 and 25 Cents superior qualities with largo rango of patterns to so
N. S. SACHS' DRY GOODS CO., Ltd.
Jurisdiction of the Board of Clanlfica-
tlon Goods from Hawaiian
Jurisdiction Jurisdiction Is tho "pow-
cr to hear and dctermlno the subject-matter
In controversy between
parties to a suit; to adjudicate or
cxeiclso any Judicial power over
Goods from Hawaiian Islands The
Ilonnl of Classification has no Ju
risdiction In a case relating to a
cargo of merchandise brought
from the Hawaiian Islands to San
Francisco after the passage of the
act proWdlng a government for tho
Territory of Hawaii, approved
April 30, 1S00 (31 V. S. Stat. 141).
Insular Tariff Cases (182 U. S.
Fischer, C. A., dissenting holds:
1. That where tho sole question
raised In a protest Is as tb whether or
not the merchandise has been Impoit
ed, the Hoard of General Appraisers
has no Jurisdiction.
2. That whero two questions arc
raised, ono as to whether tho merchan
dise has been Imported anil tho other
as to the valuo of the goods or as to
the rato and amount of duty assess
able thereon, the Doard has Jurisdic
tion. Before tho United States Ocncral Ap
pralsers nt New York, March 1.
In the matter of the protest ,4C729b
4013, of inc Judson Manufacturing
Company, against the decision ol
tho Collector of Customs at San
rrnnclsco. Cat., as to tho rate nhd
amount of duties chargeable on
ccrtnln merchandise. Imported
per Wm. It. Dlmond, and entered
September 1, 1900.
Opinion by Somervllle, Ocncral Ap
The merchandise in question con
slsts of 100 tons of old scrap iron
brought from Hawaii Into the port ol
San Francisco August 30, 1900. The
collector treated the goods as dutiable,
Tho Jurisdiction of this Board to
hear and determine certain customs
cases Is created by tho customs nil ml n
Istratlvo act of Juiie 10, 1890 (28 Stat
I,., p. 131), by which an appeal Is giv
en Trom the decision of any Collector
of Customs ns to "tho rate and amount
of duty chargeable upon Imported
merchandise," If such duties were paid
under protest! and their decision Is
made final as to "the construction ol
the law and tho facts respecting the
classifications of such merchandise
Diamond Kings Case (22 Sup. Ct. Rep.,
59), where they nre Interpreted ns wo
have aboro Indicated. The Chief Jus
tlcc, In his opinion, used tno following
language: "In Do I.lnm vs. Bldwell,
tho question was whether goods Im
ported Into Now York from l'orto Itlco
after the cession wcro subject to du
ties Imposed by tho act of 1897 on ar
ticles Imported from foreign countries,
nnd this court held that they wero not.
ihat act regulated commerco with
foreign nations, and l'orto Itlco had
and the rnte of duty Imposed thereon ceased to be within that category, nor
under such classification." (Sees, 14. could territory he foiclgn nnd domes
ami 16.) tic at the samo time." . . . And
Tho Supremo Court of tho United "In Do Uma vs. Illchvell, l'orto Itlco
States construed these sections of the was held not to ho a foreign country
customs administrate e act In tho va nfter the cession, and that a prior net
rlous cases known as the Insular Tar- (tho DInglcy Tariff Act), exclusively
iff Cases (182 U. H., 221? 21 sup. Ct. applicable to foreign countries.
Hep., 742), where It was neici mat tno'camo inapplicable,
Board of Classification of the United
States General Appraisers, under the
authority conferred by said section
14. has no Jurisdiction of cases In
volving tho classification of mcrchan
O'so brought either from Hawaii or
Porto Illco nfter these Territorial pos
sessions had been acquired by the
Uiilted States. The DInglcy Tariff
Act of 1897, under which these goods
wcro assessed, levies duties only upon
"articles Imported from foreign coun
tries." Tho court accordingly con
strue 1 tho words "Imported merchan
dise" ns used In said section 14 of the
customs administratis act, to havo
refcrenco only to merchnndlso Import
ed from foreign countries, nnd conse
quently not from territory which had
becomo appurtenant to, and under the
Jurisdiction of, the United States, ns
was the enso with both Porto Itlco and
Hawaii. (Ooetze vs. United States,
182 U. S-, 221; 21 Sup. Ct. Hep., 742.
Do Lima vs. Bldwell, 182 U. S 1; 21
Sup. Ct. Hep., 743.)
In Dooley vs. United States (1S2 U.
S., 225), It was said tho remedy afford
ed by the customs administrative act
Is "doubtless exclusive as applied to
and Imposed tho rates provided for customs cases" (sec. 14, act of Juno
WHY THROW $40 AWAY
by paying 1100 for a typewriter when you can get an up-to-date
strictly high grade machine
The Wellington Visible Writer
for $60. This machine Is a revolution In typewriters. One of
many endorsements given tho Wellington Typewriter li as follows
"We make the statoment positively
that they are absolutely tho best, ex
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of them In our Philadelphia and New
York stores. They have our unquali
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We have Just received a shipment of these typewriters and
will be pleased to give full particulars regarding same.
Theo. H. Davies & Co., Ltd.
PER S, S. "ALAMEDA"
New Line Golf Shirts
very latest Iu tho market.
SILK AND GRAPE SHIRTS, PONGEE
SILK FOR SUITS, direct from the Orient,
BIG LINE OF KIMONAS, - -
Robinson Block, Hotel Street.
S. SHIMAMOTO ""
such merchandise- by the tariff act of
July 24, 1897. He cites as authority
for this action section 93 of tho act of
April 30, 190p. entitled "An Act to pro
vide a government for tho Territory
of Hawaii" (31 U. S. Stat., p. 111).
Various claims aro made In the pro
test as to the proper classification ot
tho goods under tho Dlngley Tnrin
Act of 1897, which need not be consld
crcd nt length. One of these clalmf
Is to the effect that the goods are free
of duty on tho ground that the Hawaii
an Islands aro part or tno unueu
States, and that no duty can be Ini
posed on merchnndlso brought from
ono port to another port of the United
States. Tho Drellmlnnry Question for
'decision resolves Itself Into one purely
of Jurisdiction, viz. Has the Board ol
Classification of United States Oener
nl Annratsers tho authority to pass on
tuo classification or dutiable character
of merchandise brought from Hawaii
Into tho port of Now York slnco the
passago of tho act ot April sv. iuuu
providing a government for said er
rlt6ry (supra) 7
Right of Jurisdiction.
Jurisdiction Is "the power to hear
and determine tho subject-matter In
controversy between parties to a suit;
to adjudicate or exercise any Judicial
power over them"; nnd It Is Immate
rial whether the want or excess of
power Is objected to by a party, or be
comes apparent to tno court. In ellh
r nvpnt It wniihl decline litrlsdlctlon
and proceed no further In the action
except to dismiss the case. (State ol
Rhodo Island vs. State of Massacnu
setts. 12 Pet.. 657, 717.) Beforo declin
ing Jurisdiction, however. In any ense
a court or other tribunal must neces
sarlly cxamtno the record, and In
many cases tho testimony, with tne
view of determining, as n preliminary
question, whether the subjcct-mattei
In controversy between tno parties to
tho BUlt falls within the purview ol
tho statuto creating such court or trl
bunnl and prescribing the character ol
cases which It may have legal author
Ity to decide.
These views aro In accordance with
decisions heretofore rendered by this
Board. (In re Ooetze, 0. A. 49C7; In
re Toma, 0. A. 6012.)
Not Customs Case.
It follows from what we havo said
that tho cbbo under consideration Is
not n customs case, the decision of
which IS authorized to be made by this
Board under tho provisions of tho
customs administrative act. The pro
test Is accordingly dismissed for want
of Jurisdiction, ns not Involving any
question of tho rato or amount of du
ties upon merchandise Imported from
a foreign country. Sco Excelsior
Wooden Plpo Company vs. Pacific
Bridge Company (109 Fed. Rep., 497;
48 C. C. A., 319) nnd authorities as to
Jurisdiction cited In note on pages 331
3S0. Dissenting Opinion by Fischer, Gen
I can not spell out tho rulings of the
United States Supreme Court In the
Insular cases the conclusion reached
ox tno majority 01 me uoanl in this
ense, and must dissent from their de
The Collector of tho Port of San
Francisco assessed dntv on thn mnr.
chandlse In question under t.10 provi
sions of paragraph 122 of the act of
July 24, 1897, by virtue of section 93 of
1110 act ot April 30, 1900, providing a
government for Hawaii, which reads as
"That Imports from any of the Ha
waiian Islands, Into any State or any
other Territory of tho United States.
vi. any uuunoie articles not tho growth,
General Merchandise, Dry Goods, Groceries.
.Japanese Provisions, etc.
SIAOOON BLOOK, MERCHANT &FREET.
IE3 . O- Boise 886 IMCalaa. 2lfl
10, 1890), but that It had "no npnllca
tlon to actions against the collector
for duties exacted upon goods which
wcro not Imported nt all. "Such
cases," it was added, 'Although aris
ing under the rovenuo laws, arc not
within the purview of the customs ad
ministrative act, as, for such cases,
Uicro Is still a common law right of ac
tion agalnBt tho collector, and we
think also by application to the Court
n rMnln... -!. ......... .1 .. ....... I .t n.l 1...
Ul jlUllllO. 1 UU ll'lllt-llV WIUV1I1IM1 IIV I - . .. n
law for such cases was held to bo that Jl," ,"lon r manufacture of sold
prescribed by the fourth subdivision of " , V ""l,0"cu "" tliem from
section 029 of tho Revised Statutes. ??& .'C8.n ,colln.,,r? nf,er My 7tn'
which confers Jurisdiction upon tho ihnii ! ,, foro ""? A,ct ,n,ios "cct
... ii ,.-. ., tk itu.i a,.,.. i i snail pn tne same duties Hint urn im
"all suItB nt law or In equity arising J!M,,0,",t,10.1,Bacm, n.!tl5'k'? whcn 'ro
under any net providing for revenue ,i ," ", "'" . """ amies irom
from Imports or tonnage." '"i1! "? colln,ry-' ,
In Downes vs. Bldwell (182 U. S.. , 2.5'Tms ron"lo:
on. n, a.. n n tin ...1.1..1. 1. "Ul 1110 Hawaiian IRInmla am
All, II OU. l. ICI II" J, WHICH 111 ,,,., . , .f I. -." ... u
no respect seems to be distinguish- J. r" u.n lled s'ate "nil that no
able Irom tho present ense. tho rulo, ""' v"" "u "vuku uh mo nicrcnan
settled by the court In the Ooetze and , ti, . i
l)e-Uma cases was made applicable, L "',,!,, "," lron ln Question Is tho
so far as concerns questions of Juris- Stn?" , IJmnc,t,iro.of ,ho Unlte'1
diction and procedure to merchandise 'w ' ". ,hd J ,treo cnir' "
brought from Porto Rico Into tho ? 1?37aeraph m of t,,e nct of JuI'
United States subsequent to tho en-l" !,., il... . . .
netment of tho Fornker At. entitled '?.. 'T' p10.8,ent:,I Iiero the
"An Act temporarily to provide rove- "a, f J1u.r'8.'"?t " '? extremely Im-
nnd a civil government for Porto fh "Y'ViV Yi . cs not onI' to
. . . . iiiu iiuBHiucniinii
uico, nnu ior otner purposes, approv- ..,, ,..,,,, . """""""
ed by tho President April 12, 1900. ' ,!";hft lnto "10 United Stntes from
which went Into effect on tho 1st of " r ollr """'ar possessions ns now
May following (31 U. S. Stat, p. 77). 'J,r hereafter bo covered by
I'hla act Imposed certain duties, r?,n1s!lon1aI nc'lon- ul" a' to tho
amounting to ID per cent of tnoso lev- ',, , l0vnI"? of sl,ch merchandise
led by tho Dlngley Act, upon merchnn- ,",.??. "'CI'0 ls no statutory provision
dlse brought from Porto Itlco Into tho ,,' , R, , nn n')pcal from ,l10 nc-
United States. Such goods wero nov- ,""" " " "t"' i'i"Mir in imng mar-
"" '". except to tho Boaid of
RenernI Appraisers. If tho Board had
no Jurisdiction, the importer or tho
Government, If dissatisfied with the
.mm., hxcu uy tno local annrnfsnr
crthelcss held not to be merchandlso
Imported from foreign countries; nnd
It was further decided that the rem
edy of tho Importer was by suit In the
.1 .1. ...... . l.n ITnlln.l Clnlna on.
l-lll-uu mull oi inu nuiniuiii. "- ,,,,, ,, :,- :
dor said section 029 or else In the """"'"" """r-e.
Court of Claims, and not under soldi .", ,n c"s'm administrative act
section 14 of tho customs ndmlnlstra- r. J' "n. .1,0-.,?190;, thls Dard wis vest
tv0 act. , ", "' J"rl8,lletlon as to all question
Wo may add that the Insular dec!- gating to rate and nmount of duty on
-i .nmn...ij n.,,i fiiw nv. imported merchandise, nnd nn n nit
plained by Chief Justice Fuller In tho li''1'8"0"8. re'atlng to tho dutiable val
' " f Imported merchnndlso. If.
P, O. BOX MS TU it.
THE OLDEST CHu'SB FIRM IN HONOLULU.
DmIiii In Flat Silks ml Gun Llo.n,. CblniM inl Jipin.i. Good, ol All Kli.
tis-.ii Naainu trrl
Sacrifice Sale-Last Week
At tho store of Ooo Kim, 111C Nuuanu street. Tho finest of Orient
al silks and linens, consisting of dress goods and cnbrohlercd handker
chiefs 32 Inches squaro nnd tablo covers 30 and 41 Inches square. Ladles
and gentlemen's furnishing goods and underwear; duck suits, bath robes;
remnants of grass linen, figured silks and other goods.
. GOO KIM, 1116 Nuuanu Street
Bulletin Ik per month.
Will prove a great convenience In the sick-room and
Where children require n light during the night. They aro
wonderful llttlo lamps, A slight turn of the globo changes
tho light from sixteen to onc-candlo power and vice versa,
In appearanco they aro tho regular Incandescent lamp and
can bo nsca anywhere. Wo will supply them at
75 cents each, TELEPHONE MAIN 390
HAWAIIAN ELECTRIC CO., Ltd
KINO STREET, NEAR ALAKEA.
All sizes In quarter-sawed oak nnd beautifully finished.
Largo stock of
Extension Dining Tables.
Axminster and Smyrna Rugs.
Tapestry and Chenille Portieres.
Folding chairs to let for any occasion, and tho very best uphols
tering done. Elegant lino of furnlturo In all departments.
PORTER FURNITURE CO., LTD.
Plslicr Block, opp. Love Bid., Fort Street.
Iocs a great deal towards
keeping up tho appearanco ot
the room, but nothing else
brightens It up like hew
C. J. DAY & CO.--GROCERIES
0 Nccdtt No C renin
o Needs No Sugar
122 KING STREET
o next to Bulletin Of flco
o PHONE MAIN 119
rtioto by Kadarr, Parla. j3
INVENTOR SANTOS-DUMONT'S LATEST PICTURE.
Sniitos-Duiiiont, the Intrepid jouug llrnzlllan who In diluting his life nnd
fortune to the uuiHtery of air navigation, lm livc-n going from one snecefcs to
another. Ills experimental trips recently made In the neighborhood of Mouto
Carlo have been merrly preliminary to his ninhltlniis Might across the Medi
terranean sea. In spenklng of this attempt, lie said not long ago: "I am per
fectly confident of success. My new nlrshtp tins no bamboo In It, nnd tho
motor has differences of construction which, I belloc, are Improvements. 1
huu been engaged In mnMciliig the Mediterranean nlr cuiieiitH, and now that
I lnue them noted I shall set off for Corsica with pet feet confidence. It Is
my Intention to descend nt Oalvl or thereabout, nnd then I shall rlso nguln
and Meer n straight course for Africa. Tho trip of H00 miles to Africa will of
courp depend upon tho success of tho trial ncross tho Mediterranean to
Cori-li-.i. nnd It will be my moat ambitious effort to far. 1 bhall take no one
wllh me on this trip."
uivreioro, mo merchandise hero In
question wns Imported, within tho
meaning of tho tariff acts, tho Board
may proceed to decldo tne rate of duty
Tho United Stntes Supremo Court,
In tho Insular cases referred 'to, held
that whero tho solo question raised In
n protest Is as to whether or not tho
merchnndlso covered by tho protest
was Imported, tho Hoard had no Juris
diction. Tho reason for this la nlnln.
for tho Hoard being limited to ques
tlons as to value of nnd rato and
nmount of duty on Imported merchan
dise, there Is no subject-matter for It
to pass upon, whether tho question
rnlscd bo nnswercd in tho ncgntlvo or
In tho affirmative. In tho ono caso
there Is no Imported merchnndlso as
to which the Hoard can nct; In tho
other case, whllo there Is Imported
merchandise, there Is still no question
of vnluo or rato and nmount of duties
Involved which tho Hoard Is called
upon to decldo.
Hut If a Bccond point ho raised, In
volving dutlnhlo valuo or duttablo rato
and amount, nssumlng tho morchnn
dlso to hnvo been Imported, the Hoard
ns a tribunal, clenrly has power to ex
amino Into tho facts for tho purposo
or ascertaining whether or not tho
morciinnuiso wbb Imported, for on the
determination of that fact depends Its
rlcllt In nvnmlnn Inln Ami rinni.in i.a
I" '- --- v, u.u ,., UVIIIIU iiiu
question ns to valuo or as to rato and
amount. If tho facts show that tho
I merchandlso was not Imported, tho
iioaru must dismiss tno protest for
The Dr. -ff. Alden Electric "Belt'
(with sus- tfeH pensory Is guaranteed
to possess 'wN all the curative proper
ties of the esncnslve belts now sold by
doctors anJ dniEgMs. It gives a very
strong current of electricity and Is eally
regulated. Bound to supersede others. Can
be had from the unJerslgneJ only; no
agents; no discount. Circular tree. Address
llcreo niecti'le Co , sofi post St.. Sn
Frautao. Sent free to Hawaii for $5.00
(Continued on pairo C.)
Hawaiian Engineering and Construction Co.
ROOMS 508, 509, 510 STANGENWALD BUILDING.
P. O. BOX 834. TEL. MAIN 7f
All classes ot Engineering Work solicited; Examinations, Surveys and Re
ports made for any class of Waterworks Steam and Electric Constructions
Plans and Specifications and Estimates Prepared, and .Construction Superin
tended, In all branches ot Engineering Work; Contracts solicited for Rail
."oads, Electric and Steam; Tunnels, Bridges, DuIIdlngs, Highways, Found.
Joni, Piers, Wharves, etc.
Special attention given to Examinations, Valuations, and Report td
Properties for investment purposes.
FREDERICK J. AMWEO, M. AAI. Soc O. .,
Engineer and Hanager.
W. R. CASTLE JR., Secretary and Treasurer.
WELL WORDED WANTS IN
THE BULLETIN J
Motor Carriage and Machine
REPAIR AND BUILD
ALL KINDS OF : :
Safe Work of All Kinds.
Etc, Etc., Repaired.
UNION STREET, near Hotel.
Phone Dlue 721. P. 0. box 112,
J. W. SCHOENINQ, Manager.
Waialua Beach Hotel
A, WENNER, Manager.
Now Open for Business, Fin
est of Accommodation. Finest
of Bathing. De Sura to Get
Off at Waialua Station.
RATES $2.50 per day;
Special Rates by Week or
For further Information ad
IlrlilhU r than electricity, rli vr tluut Irrown. (00
tniMratulltiwrr. An uiulvrnt-alhuvitumtur lr IM
ur limp, which irlrt u iiiihIi light atanovt-rurtul
Linn(tr, ttvl mk dj ruor hul. Jtut rufuJirKUsl
like tht u-rhe4 try. nl alwajt rtrMtMlilcttMU
lMltlwtotiikftiHiMUt iuihhriirr JLUmp lht
Wlttiiirft wimtlrrfulMl. Nuii lk It on thvntarkrf
A rrihnc fur afatt. MU tuu wuIm, AJJrri
STANDARD QAS LAMP CO.,
118-120 Michigan Stroot, Chicago.
tarfffftt hihI on.- of U10 uldpt mtabllilied
mmiurnt lurcn tit cutulluu lauifMi ot alt dv
Fred. L. Waldron
P. 0. Box 553; To) Dluo 791; Room
3, tSpreckels UulldlLg,
fhi&to8!$i&itiih' fitMf. ' 4 A-r.. . "- - v&i w'!
, "I,, i TM, l