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Uvivr ul" a jud-c in iiin 1 1 vs to ! tried ei(Yc a jury, tin. juiliM' w!m-!' lf-i-i iu j!i!u!ii'iit, on lor or decree i- aj))'al(.l i'rnni iJ.inll not piv-Mr at tin- trial of mh-Ii appeal iK-fure a jury, out -uch appeal hall In- in order for licarinir at tlie next regular term of the Circuit Court of The Circuit in which the cause -was tried in chambers, and the Circuit Judge of ome other Circuit, who .hall 1m; thereto authorized by the written request of the Chief Justice, or other Justice of the Supreme Court, shall pre side at the trial of such appeal: but further provided, that in case such appeal shall be taken from the decision, judgment, order or decree of one of the judges of the First Circuit in chambers, it shall be in order for hearing at the? next regular term of such circuit, but the Judge whose decision, judgment, order or decree is appealed from shall not preside at the trial of such appeal. v It will be seen that only in the first part of this statute which provides for appeals from decisions, judgment?, orders or decrees of Circuit Judges in chambers to the Supreme Court is any condition made as to time of noting an appeal, paying costs and filing a bond of fifty dollars for costs to accrue, if defeated. The rest of the section provides for appeals from decisions, judg ments, orders or decrees of Circuit Judges in chambers to a jury of the Circuit Court in term. It also provides that a Circuit Judge other than the one whoso decision, Sec, is appealed from shall preside at the trial of such appeal. Ihit it does not provide for the time and manner in which such appeal shall be made. Appeals from a District Magistrate to the Circuit Court at term with a jury, require a bond of one hundred dollars and by analogy would require the same amount of security when the appeal to a jury at term is from a Circuit Judge at chambers. "Whether a rule of court would supplement this omission we cannot consider, for there is no such rule existing. The general understanding seems to have been that payment of costs and fil ing a bond for $100 was required in all appeals to a jury. Finding no authority for requiring that appeals from a Circuit Judge at chambers in probate to a jury of the Circuit Court at term shall be made by noting the appeal in five days and paying costs and filing a bond within ten day after the decision, &c, appealed from, the appellants' exceptions should be sustained and the appeal allowed and the ease remanded for trial in the Circuit Court, First Circuit. IN THE SUPREME COURT OF THE HAWAIIAN ISLANDS. )1ai:ch Tkijm, 1S0S. J E. C. 3IACFAttLAXE r. REPUBLIC OF HAWAII. Okioixal. Submitted Lvkcii 21, 1808. Dfx-iukd Amir. 15, 1808. Judd, C.J., Erkak and "Whiting, JJ. The Government is not liable for stamp duty upon its deeds. OPINION OF THE COURT BY FREAR, J. The plaintiff alleges that he purchased of defendant for $40,000 the Hawaiian Hotel Premises situated in Honolulu, at a sale at puhlic auction made in pursuance of an advertisement which contained nothing as to who should hear the expense of the deed or the stamp duty thereon; that defendant tendered him an unstamped deed; that he accepted the same under pro test; that it is the universal custom and usage of business and commercial men in these Islands for the vendor to deliver a stamped deed unless otherwise agreed. The stamp duty in question amounts to $184, for which plaintiff now sues as money paid bv him to defendant's use. The defendant admits the sale and its refusal to pay the stamp dutv, but denies its liability to pay the fame. It also admits that it is the usual practice between private parties in these Islands for the vendor to pay the stamp duty unless other wise agreed, but alleges that it has been the universal custom and usage in the case of deeds from the Hawaiian Government for the vendee to pay the stamp duty unless otherwise agreed. To this answer the plaintiff demurs. Much of the argument relates to the law of usages and cus toms, the plaintiff contending that the usage set up by the defendant is bad as amounting merely to the habit of an indivi dual and lacking the generality said to be requisite for a usage; also, that, even if such usage be good, it being merely the usage of an individual though that individual be the State, there can be no presumption that the plaintiff bad knowledge of it and there is no allegation that he had knowledge of it; and con sequently that, tlie defendant is in the position of the defendant in YYumerxley r. Dally, '20 L. J. Exch. 210 (Lawson, Us. & Cus. 5). The plaintiff further contends that, aside from the question of uago, an agreement to sell or convey, that is, by a good deed, must mean by a stamped deed, that is, a deed stamped by the vendor, in view of the provision of the stamp act (Civ. L. Sec. 027) tiiat, "Xo instrument requiring to be stamped shall he recorded by the "Register of Conveyances, or be of any valid it if in any court of this Tiepublie, unless the same shall be properly stamped. Provided," Szc. It will be unnecessary for us to pass upon these contentions, or upon a number of other questions that, would naturally arise from them. Either alleged usage (that set up by the plaintiff or that set up by the defendant) could go only so far as to determine which party (vendor or vendee) should pay the stamp duty in case any stamp dutv should be payable. Xeither could create a liability to pav what the statute does nor require to be paid. A usage cannot be of oreater force than a statute to the same effect would be. Let us therefore assume that the statute expressly provided that as between vendor and vendee, whenever any stamp duty should be paid at all, it should be paid by the vendor, unless otherwise agreed. The question would then arise whether under such statute any stamp duty would be payable upon a deed from the Government. In Win Smjar Co. r fin.Ju, 8 Haw. 201, the question arose whether a labor contract required a stamp. The statute expressly provided that the stamp duty upon such contracts should be paid by the em ployer. The court held that, as the Government was the em ployer in that case, no stamp was required. THE PACIFIC COMMERCIAL ADVERTISE!!: HONOLULU, APRIL The plaintiff contends that the better law is contained in the dissenting opinion in that ea-e, and -ubmits that if the stamp dutv is paid by the Government to it-elf n loss will result, and that it is inadvisable for tlie court to M ttle the question as between the various departments of the Government instead oi allowing them to settle it for thein-elves and that often ir i necessary for one department to pay nionev To another m order to keep the accounts separate. On the other hand it may be said that the dissenting opinion referred to was based, on the view that the Government was not the employer in that ca quite as much as upon the view that if it were the employer ir would be liable for the stamp duty; also that there is in general a presumption that laws are made for the regulation of the right and affairs of subjects rather than of the Government itself and consequently that the Government is not bound unless an inten tion that it should be bound appears, either expressly or by implication, and that, although this presumption is not strong and may be easily overcome bv the nature and object or the language of the act, yet in this case it is rather supported both bv the nature of the act which is one to provide revenue for tlie Government and by the language of the act which provides (Civ. L. Sec. 01 S) that "there shall be due and payable to the Government,' Arc, and which provides (Sec. 02t) for affixim: to instruments not liable to duty a stamp denoting such fact. We say this much for the purpose of showing that, whichever be the better view, the question is of such a nature that having once been decided it should not be reopened. AVo decide merely that the Government is not liable to pay stamp duty upon its deeds in the absence on an agreement upon the subject, and consequently that the plaintiff has no valid claim against, the Government for the stamp duty in question. AVe do not decide that a vendee is liable for stamp duty on a deed from the Government. If he is liable, the plaintiff has merely done his duty. If he is not liable, he has paid the money unnecessarily. It seems clear in the case of Charters, Royal Patents, Licenses, Entries and some other documents that duty is to be paid by the party with whom the Government deals. Put with respect to deeds, leases and other documents it may be a question whether the party with whom the Government deals should pay duty or whether the document is not liable to duty at all. It may be advisable for the Legislature to make this clear. Judgment is ordered for the defendant. Kinney tC- Ballon for plaintiff. Deputy Attorney-General 77. P. Hole for the defendant. I Mnn iinsinf" ri nn a nuuat rim (Continued from Page 9.) ships cargoes we shall have to force them to do so, just as the Germans have done, and Ave are better able to do this than Germany. All we need is to recognize our own capabilities. "What material advantages would result to this country from ,a revival of American shipping, aside from a patriotic point of view?" "Very decided advantages in the way of increased business in every way. For instance, in my yard I have now over a hundred men at work at good wages, using material 'produced in this country, which means that more money ;has been spent for wages in Pennsylvania, or werever the steel was made. This number will be increased as soon as work on the new ship be gins, and if more could be built, more money 'that is now spent in Scotland would be spent in the United States, and this would mean increased pros perity for every American producer, whether he be farmer, manufacturer, or only a day laborer, for it would mean an increased demand for all com modities, with the result of the reten tention of all the profits from the hand ling of them in this country. Con gressmen, in considering this matter, should remember that wherever ships are built there their maintenance and repairs and profits naturally will go. One 'Of the heaviest drams upon this i Nation today is the enormous amount of freight money paid to foreigner shipowners and spent in foreign lands, with no resulting benefit to us. Aside from any question of patriotism, there is an immense profit, as a Nation, in encouraging our shipping. "With this encouragement it would not be long before we should build more steel tonnage than ever we built of wood, and it would not be long before, from Eastport to the Florida Keys, our coast would be lined with thriving yards. It is urged against us that we could not build with profit. Today, as I ihave said, our material is the cheapest in the world. People who say that the Delaware will monopolize whatever building we may have, on the ground that Bath's supremacy in wooden ship-building was due to our being in the land of lumbering forget that for the last fifty years we have been importing our pine and other materials from the South. Freights to Bath would not be a factor in our build ing, for we have the advantages of climate, men, prestige and experience. "All over the land we have tool making works which are unrivalled, and which can produce plants for build ing steel vessels unrivalled in quality at the lowest cost. There is not a wooden ship-building yard in Bath which could not be changed within sixty days into a modern plant for making modern steel ships. Why, I could get the machinery and the mate rials to build ten ships in this yard (as easily as I now build one) in less time than' it would take me to get out the designs. Only give us the encourage ment and we will give you the ships in less time than you can think about it. "This hesitancy about recognizing our own strength is not limited to our shipping interests. We den't konw our own strength. We don't need to spend millions for ships and defences. Our strength lies in ourselves. Our inher ent strength is our main strength. There is not a nation in the world that would dare attack us. What if thev did destroy every city on the tlantic Coast from Eastnort to Key West and drive us into the interior? They know that it would take millicns of dollars, thousands of men and the very -iiie blood or their nation to keep us from arising in new strength and paying "back our debts with heavy in terest. Look at the experience of Ger many. See what the war with France has cost her. It would have saved her the enormous expense of her great army if she .had let France kerp Al sace-L.orraine, and ihad not bad to keep on the watch against France. "What we need is confidence. We haven't got enough of it as a Nation We can do anything if we try. I know, for I have personally tried the experi ment of keeping ahead, and I have managed to keep the Sewall flag flying after over seventy years, and I think, !as a Nation, we can do the same thing. It was because cf my devotion to and faith in America that I always gave preference to an American workman. and today over 90 per cent, of my workmen are American citizens." Arthur Sewall, the present head of the Sewall shipping-house and ship yard, is a man of about htty, with a strong, massive face, penetrating blue eyes, large, stalwart figure, most strongly built, a firm friend, an uncom promising enemy, with all the courage nf his convictions, and a confidence and determination that make him in tolerant of the failure of others. He is a well-known man for other reasons than his connection with the old house. He is prominent in railroad circles as well as in politics, having been presi dent of -the Maine Central and other important roads, and now being a di rector in many. He is a bank presi dent, a director and heavy owner in the Bath Iron Works and the New England Shipyard, and is one of the principal man in the famed 'Maine ship- ping city. Forty or fifty years ago the Kenne bec, from Augusta, at the head of na vigation, to Phippsburg, fifty miles be llow, was -one continuous shipyard, with countless firms engaged in the busi ness. Of all these firms but one re mains, the Sewalls. for, although there are vet many yards in Bath, they are all in different hands. This fact is due to two causes. First, with few ex ceptions the Sewalls have built for themselves, breaking this rule only to oblige close friends; and second, from the days of the first chubby little Di ana, built in 1823, to the great steel ship now building, this house has led the country in designs for merchant vessels. Beginning under William D. Sewall in 1S23, this house has been continued, and today has built and owned the largest sailing merchant men afloat under our flag. William D. ms succeeded by his sons un der the name of E. & A. Sewall, which firm has since become legally Arthur Sewall & Co.. with Mr. Sewall at its head and with the nephew, Samuel b. Sewall, and his son, William D. Sewall. associated with him. 1 hese men, (yTd M Sewall, iMr. Sewall's youngest con and the present United States Min ister to Hawaii, the superintendent o, the yard, and Arthur Sewall's sister, occupy houses in the "Sewall colony, just above the Sewall yards. The Sewalls are of an old and illus trious family on both sides of the wa ter The first American Sewall came here in 1634, and was born in Coven- ; 1 f!l 1 cn hp was a trv ijngiauu, m ii-i, " ? . 'U rr.iOt Willi AT vounsr man to go into iutr Sir" rang man iu s ne which New-i-msiana as ul lh.- l-uu'-'u -;Hod. His sons were Samuel. John. Stephen and Nicholas, bamuel wa brave old judge of witchcraft fame. John was the direct ancestor of the Sewalls in Maine. Hummer bewa; the grandfather of the first saipbmldei . came to Bath from York, wmch was also in the district of Maine. ,n l.b-. and purchased the tract ot land on which even now stand tne hPw.nl vards. the houses in the "-.ewall co -ony" and the old origina homes.ead. CliUW, a which has been rengiuuy ,,.(,r-v i-io -nrp-pnt day. In William D. Sewall's time the fami- , 21, 1S9S. ly owned the whole of this large tract, which bare upon it the forest primeval of the banks of the Kennebec. In 1JS23 William I). Sewall cut down some of the trees, sawed them in a little mill run by water-power on his own grounds, and built the Diana, the first ship to carry the Sewal; flag. This was a small brig of 199 tons burden, and was launched on November 5, 1S23. so that the seventy-fifth anniversary of the yard will come next fall, and will be celebrated, in all probability, by the completion of the third steel ship to be built by the Sewalls. which also will be the third steel ship to be built in this country. In the seventy-four years which have intervened since that date the Sewalls have been building for thmselves. and they have owned and some member of the family has usually captained almost all the ves sels they have turned out, the total number of which, to and including the Dirigo, but not counting the one now being built, nor the one which will soon be laid down, is ninety-six. This includes four barks, seven brigs, sev enteen schooners and no less than sixty-eight full-rigged ships. Every year since the first more or less tonnaee has been turned out from that yard. The history of the Sewall firm is a condensed history .of Ameri can shipping, and a description of its ships is a description of the types of American marine from lS2o to the present day, with the notable exception that the Sewall ships have always been in advance of or better than then- class. The first ships were small, ana were engaged in the Cuban trade, from which, in about 1S30, they began to be engaged in the cotton trade to English ports. Cotton is a cargo with bulk, but without proportional weight, so the Sewalls .began to build their ships larger, with the greatest possible cargo capacity, with full lines, bluff bows, square sterns and not much speed. The discovery -of ge.d in 1S4! led to tne profitable San Francisco trade of the fifties, which called for speed above all else. So the Sewalls turned to build- ing tast cupper snips wiui buaip mir and heavy spread of canvas ships that for speed and beauty have never been duplicated. But when the rauroaus crossed the continent in the latter six ties, the sorely depleted shipping left after the war was useless tor tast freight nurnoses. and s the modern medium model came into vogue, ships with moderate speed and good earn ing capacity, engaging in the Pacific- Atlantic trade, sailing from New York and Philadelphia to Asia with oil, to San Francisco with miscellaneous car go, and thence with grain to European ports, and home again in ballast or with nominal freight. To this class the three big wooden ships, the Dirigo and the two new steel snips, belong. Tf t,. So-aii hn his way. yet more will follow. ga HERE'S A HINT. German System for the Destruct ion of Kodents. The military provision cats which have hitherto been maintained by the German Government at its provision stores and magazines, for the destruc tion of mice, at an annual cost per cat of IS marks, are to be dismissed from the service. It has been found by ex- Trrvont oars n Fn rone an paper, that more mice and rats can be killed by the Loeffler bacillus system of inoculating at n mnrli smaller cost. By the Ul 1 VV. r - Loeffler system (which has been effect uaaly tried both on a large and small scale in agriculture and in various pub lic departments) solely by infecting some food placed for mice and rats with a culture of a certain bacillus, harmless to everything but these ro dents, the latter, soon after eating of it, die, and before doing so spread the in fection among the other mice. PRINTERS ARE STILX. OUT. Eacli Side Claims Victory Neither Wants to Yield. The Chronicle says: The striking printers gathered about their head quarters yesterday in small knots to discuss the situation, although nothing new developed during the day. Presi dent Hawkes of the Typographical Union said that overtures had been made to the striking printers by their bosses, w-ho wan: the men to return to their work, and they were eager for some sort of a compromise, but the men insisted upon the terms demanded. Inquiry among numerous employers failed to locate the source whence the proposition for a compromise emanat ed. Appearances indicated that the men will gradually return to the shops and all differences will be settled with in a few days. Civil Snlt Airalnt Zola. PARIS. April S. The officers com posing the court martial which ac quitted Count Esterhszy met today and decided to begin civil actions for libel against Emile Zola and M. Perrieux, publisher of the Aurore. who were re centlv sentenced to imprisonment and who were also fined for making charges which were not sustained against the i nt the court martial Fifty years ago the double wedding of M and Mrs. Aoner v . ot Mrs. C. F. Moore took place at ;i ;V,ineton. Mass. Both couples have celebrated the gohKn anniversary 3at the interesting event. In neither ily has there been a death in the half centurv, though Mr. and Mrs. Moore have two sons, three daughters and Several grandchildren, while Mr. nd Mrs. Witt have about as many. lOKEKiN i:WS NOTES. CHICAGO, April 0. The remains of Miss Francis K. Willard were cremated today. COPENHAGEN, April S. The SOth birthday of King Christian IX of Don mark was celebrated today, the day being Good Friday. LONDON, April 'J The Marquis of Exeter (Brownlow Henry George Civil) died this morning as the result of a bieyling arcident. NEW YORK, April S. Henry Staf ford Little, formerly Clerk in Chancory i moooo to in rsew jersey, ins -." Princeton University. This gift will i ... -k til A complete the quaurangie uu campus. NEW YORK, April 7. Gold is being . . 4 1 shipped from Cuba to tins cu. -Already $600,000 has been received and $400,000 more was engaged for ship ment. This gold is shipped from Ha vana because war is imminent. MADRID, April 10. Dispatches from Manila say that the insurgent y-v tured Ceba, but were expeueu laiei u. . M " the Spanish garrison witn an iasiu lass of 500. The Spanish losses are de scribed as insignificant. LANSING, (Mich.). April S.-Gover- nor Pingree's bill for increasing ti taxes on railroads failed to pass the Senate today by two votes. It baa passed the House by an almost unani mous vote. WASHINGTON, April 7. Senator Morgan made a speech today in which he said he was willing to make a de claration of war against Spain because of the blowing up of the Maine. He believed the cause a just one. LONDON, April S The Peking cor respondent of the Times says: The extension of British territory at Kau lung, opposite Kongkong, will follow immediately after the French occupa tion of the new coaling station at Kwang-chau-wan. CHICAGO, April 0. Jockey Tod Sloan arrived in Chicago today from California on bJs way East. Sloan has agreed to give Featherstone & Bromley, the Chicago racing men, the second call for his services. He leaves for New York today. OMAHA, (Neb.), April S The Unit ed States Government has filed a peti tion for a deficiency judgment to the amount of $C,5SS,900 against the Union Pacific Railroad. The suit grows out of the isale of the Kansas Pacific. The matter is set for hearing before Judge Sa'nford at St. Paul on April lGth. WASHINGTON, April S. The Am erican colony and Consul Hanna have fled from San Juan, Porto Rico, to the Danish West Indian Island, St. Thomas. They spent last night on board the British steamer Virgi'nus. Excitement is intense, and an outbreak against foreigners is momentarily ex pected. LONDON, April S. According to a special dispatch from Shanghai advices have been receive-d there from Shun- king, province of Se-Chuen, that the region around the city is in a state of open rebellion. The local authorities are powerless to arrest the men who recently murdered the American mis sionary, and a mob is sacking a French mission in the neighborhood. LONDON, April 9. The Peking cor respondent of the Times says: China has voluntarily declared Woo-sung a treaty port and given England formal notice of a desire 'for a revision of the tariff in accordance with Article 27 of the treaty of Tien-tsin. About 150 Japanese who arrived in Tacoma on April 0th are bound for the Klondike. SACRAMENTO, (Cal.), April 0. The Pattern storehouse of the Southern Pacific Railroad Company, a large three-story building, was entirely gut ted by fire last 'night and the loss is anywhere from $200,000 to $1,000,000. There were at least $40,000 patterns in the building and were all consumed. It is estimated that it will take 20 men 23 years to duplicate the patterns de stroyed. OLD POINT COMFORT, (Va.), April 9. The hurry and bustle of war pre paration was interrupted for a short time today, when, in the little chapel of Fort Monroe, navy and army officers attended the wedding of Miss Elizabeth McCall, the daughter of Commander McCall of the Marblehead, and Lieut. William G. Miller of the United State Navy, who has just returned from the Asiatic squadron. WASHINGTON, April 11. In the di vorce proceedings of Mrs. Frances Hodgson Burnett, the authoress, against Dr. S. M. Burnett of this city, an order was signed today for an ex aminer to take testimony, Dr. Burnett having made no answer to the charges filed. ; j WASHINGTON, April 11 i The Post ! Office Department today awarded to p. , C. Richardson of Seattle, Wash., the j contract for carrying mail between St. Michael and Weare, Alaska, a distance of 900 miles. The contract, which was let for $23,000 per annum, is for a period of four years, from July l, 1S98.