Ka Leo o ka Lahui, Volume II, Number 210, 8 June 1891 — STUDY LAW! [ARTICLE]

STUDY LAW!

Penal Code t Cbap. LXX. * * And all goods, wares and merchandise so or attempted to be and the vessel from whic"h they are smuggled or attempted ts> be smuggled together with all her.boats t tackel, apparel and fupniture, and all other boats, vessels and craft of whatever jdiscription in anyway engaged or used in such smuggling, or attempt to smuggle, shall be forfeited, and nsay be seized condemned and soid ior the benefit of the Hawaiian Government, The latest enactment in thē opium question provides asfollowg : Laws of 1888. Cliai)ter LXX, Section (i. Xotliing in this act contained .«hall be construed to exempt any person or vessel n-om tlie painf? and penakiea prescribed bv the laws of the kingdom against smuggling. The opinion of the Conrt as reported in the "1. C. Advertiser," June 5,1891. * * * The Court in tho course of remarks said: At any rate, here is a libel asking onIy for the condemnation of the opium. I think I ought not to allow dds amendment at this stage of t he case, and I wish to say that Ido it mainly because from the testimony that isalready in, andfrom my view of the statue ol 1880,the Govērnment could nothave the vessel condemned if the libel should be amended, "It is a detrimentto tlie coramerce of this country to have ships attached with out good cause, and unless there is some i plaee constructed in the vessel wherethe opium is concealed, whieh r.ffords the presumption that tlie owner;' must be aware of t the veesel cannot be forfeite<l. ! And I am willing to plaee mv refup&l to | exercise my discrction tavorab!y to the amendment on that gr\>und, and I will sign a decree condemning theopium but not the shipj. Amendment refused.'* The Act of 18&> referml to is entitled u An Acfe S«pplementary to Article 20 Chapter 9 of Civil C*ode." (Th« title does not say to ammend the Tenal Code nor tho LawB of 1888). Bec. 8.1! any | goo«ls or articles prohibiteil from being imported by any private pereon ahall iouiul in any ship wiUiin the limit of any l>ort of thi«» kingdom, such go<Hls aiul arUe!ej* and the packejje i*onUuniin» the s«r.»e and all merchautli«e or part of the iiwoioe in whieh aueh goods and artiolos wen» im« }x>rted« phall be forf«?ited, and all or boata com»ng into anv j»ort of this kingdom having opiuin on Umrd v\>r,t*ealed in falt*o hulk hwids, fal?o bows,

double sidee or bottom, or in any secret or disgaisud piaee whaA&';cver co»«tnieted in eueh ships or boat ahall be forfeited. Port Surveyor Jtlolt sa) T s, and it was the eoiniiion report around town, that the opium was found in a secret plaee constructed in thc cook's gailey of the Allen. There is no unraveJing the intricacies of the iaw as woven % by our intelJigent- legislaU..rs, thecourts, attorney p;eneraLs, and the custoins of mershunts. TherotV»re we give no opinion on the law. We are uctuatedin raaking tliese extracts by a lreart-felt desire to see a new attorney generai who will recognize the fact that it is his duty to inforce and ■ n»t to make the laws. .