The Hawaiian gazette., 1889-11-05
SUPREME Court OF the Hawaiian
Islands. In Banco. As OF the
October Term. 1850

THE KING vs.. THoS. WALL AND
THoS. ONoKEA.
Appeal from he Police Court Of
H0ROll.llt.
BxroEE JUDD c.J.. M'cUuLY, PRESTON, BIcxER
TON AND DoLE, u.
Chapter IIFIL Of the Acts OF 1883
&C. L. p. 6l6) does NOT apply 10
The cars Of the street raii,ray Of
HORolullt. Decision OF the Police
Court reversed.
Opinion Of the Court per MeCtdiy j.
The record of the Police Court in
this case is rs follows:
C5Grge.-Hiring or allowing a
vehicle, 10 wit, Tramcar No. ,, TO
ply for hire without a license, con-
trary 10 Sec. 8, Chap. NXVII., +,
Laws of 1878, at HonolulS within
one month last past.
Defendants plead not guilty.
{. L. Hopkins, sworn, says: 1
am Deputy Marshal. On August
20, 1889, in Honolulu, l rode in
car Of which defendants were re-
spectively conductor and driver /;
cSr No. on King street line of the
Hawaiian Tramways Co. l paid
five cents fare and got ticket.
Ticket put in evidence). No Ii
eense has been issued 10 any of the
cars Of the Tramway Co. This car,
No. has been plying for hire in
Honolulu. Defendants jointly had
control Of the ear.
Prosecution rests.
Paul Neumaun, sworn, says:
When these cars were put in opera
tion I rendered 10 Minister of In
terror, on behalf of the Hawaiian,
TramwayS Co., license fee for this
car. The Interior Department de-
clined 70 issue license unless the
cars We're given a certificate by the
Marshal, under the Licensed Car
riage Act, certifying that the ears
had been inspected.
Defendants are found guilty:
each Of them i sentenced TO pay
50 fne and 500 costs.
Appeal noted 70 Supreme Court
IN BdncO.
The certificate Of the points Of
law upon which appeal IS taken is
n follows;
The defendants having been con-
vicJed in this Court Of violating
Section 9 OF Chapter NNVIL of the
Session Laws Of 1878, appeal from
The Judgment Of this Court to the
Supreme Court in BdncO,
On the ground that tender was
made by the Hawaiian Traniways
Company Limited employer Of the
defendants, 70 the Minister of the
Interior Of the amount Of license for
the car in question, and a license
demanded but refused by said Min
lister for the reason that no certifi-
cate from the Marshal or his Deputy
was fled OF produced in accordance
with the provisions Of Section I Of
Chapter NXVII. Of the Session
laws OF 1STS.
The Hawaiian Tramways Com
pany Limited) refused 10 file said
certificate on the ground that it is
not affected by the provisions of
said Chapters and defendants claim
that the money for the license Of
the car whereof they were in charge
having been rendered and refused
by the Minister Of the Interior, the
law has been substantially complied
with which requires the said COM
pany 70 pay license fee Of ten dol |
lars per annum for each car, and
that they, defendants, are therefore
entitled 70 their discharge.
That by the Acts Of the Legisla- |
ture known SIS Chapter XXXIV. of |
the Session Laws of 1854, the said |
company IS assigns Of VIM. r.
Austin Is not required TO file with |
the Minister Of the Interior any
certificate under the provisions of /
the aforesaid statutes Of 1878.
We further appeal on behalf of |
ThOs- Onokea, on the ground that /
he ought 70 be acquitted because
the evidence shows that only
the conductor had charge of the /
trancar and collected the fare. and /
that though our position may be
wrong with reference 10 the other
points made, the conductor alone is /
responsible under Section 10 of
Chapter XVII Of the statutes of
ISIS
By THE COCRE.-This Is a test
case 70 determine whether the cars
OF the Hawaiian Tranways Com
pauy, faU within the provisions Of
the statute Of ISIS. That Is en-
titled 4" An Act to regulate the
carrying Of Passengers = and /
the letting 10 hire Of carriages
and other vehicles in the district of
Honolulu II provides that upon /
preSe1tati0n - the Minister Of the