United States v. Barney A. Gertz, Owner of 3,827 Coins Being Likenesses of the 1847 'Hapa Haneri' Issued by the Hawaiian Government

In this action, the United States seeks forfeiture of 3,827 coins which it has seized from the owner, Barney A. Gertz. It is alleged in the government’s libel of information that these coins are likenesses of the hapa haneri coin of the former Kingdom of Hawaii. Their unauthorized possession by Gertz, the government contends, is unlawful under 18 U.S.C.A. § 489 , and the coins are subject to forfeiture under 18 U.S.C.A. § 492 .

The district court held, after trial, that possession of the coins by Gertz was not unlawful, because 18 U.S.C.A. § 489 applies only to likenesses of the coins of currently-existing countries and governments. United States v. 3,827 Coins, D.C.D.Hawaii, 144 F.Supp. 740 . Judgment was therefore entered dismissing the libel of information and ordering return of the coins to Gertz. The United States appeals.

Hawaii had status as a sovereign nation from October 8, 1840, when King Kamehameha III proclaimed the first constitution, until the annexation of the Republic of Hawaii to the United States on July 8, 1898. The Hawaiian Organic Act, 48 U.S.C.A. § 491 et seq., enacted in April, 1900, established a territorial form of government in Hawaii, which continues…