The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-07-29
OPINION OF THE COURT, BY
WHITING, J.


WHITING, J.
On exceptions by defendant to judg-
ment for plaintiff rendered by Circuit
Judge A. w. Carter, in an action for the
sum of one hundred dollars being
amount of penalty provided for by Sec
ton 8, Chap. 81, Laws of 1884, for an
overcharge of fare on one of the cars
of defendants street railway in Homo
lulu.
Counsel for defendant did not in
this case adduce any argument or file
any brief pointing out error, and did
not contest the correctness of the de-
cision of the Circuit Judge but admitted
that he only desired to have the final
decision of this Court in this case,
which was heard and argued with an
other case between same parties, on,
however, a different state of facts, Che
ing No. 3771) this case being of value
for illustration and distinction.
We adopt the statement of facts and
decision of the Circuit Judge, as fol-
lows:
"The parties agreed upon the facts:
That on the 28th day Of April, 1896, the
plaintiff entered a car operated by the
defendant company on Nuuanu street
near School in Honolulu, and paid five
cents fare, travelled on the car down
Nuuanu street, then along Queen street
to Fort street thence along Fort street
TO Beretania street, thence along Bere-
tania street to Punahou street, thence
along Punahou street to near the
Oahu College grounds. When the
car was on Fort street near Hotel street
the driver of the car demanded fare
of five cents saying that the fare was
ten cents from Nuuanu street beyond
Hotel street on Fort street.
The additional five cents was paid
by plaintiff. The defendant company
operates the cars on the route afore-
said and is foreign corporation doing
business in Honolulu.
That prior to 1892 there were three
distinct routes without any connec-
tions, one from the foot of Judd's Hill
on Nuuanu street to the City front,
another on Beretania street and an
other on King street between the In
dustrial School and the Rifle Range
ii. e. near Punahou street,. That de-
PENDANT company charged five cents
fare on each of these routes. That in
1892 a connection was made between
Nuuanu and Fort streets on Queen
street; and passengers were carried
from Judd's Hill to Punahou without
changing cars, making one continuous
trip.
A franchise was granted to w. r.
Austin, his associates and assigns, to
construct and maintain a street rail-
road upon certain streets in Honolulu
by Chap. "a Session Laws of 1884.
This Act was amended and re-enacted
by Chap. IS Laws of 1886. An extern
sion of time within which to complete
the road was granted by Chap. % of
Laws of 1888. Privileges to construct
and maintain the line upon streets
other than those mentioned in the
above acts was given by Chap. "a of
Laws of 1888.
Section II Chapter "a Of the Laws OF
1884 provides: THE rate of fare for
each passenger upon the said railroad
shall not exceed five cents for each
passenger using said cars up to and
within Judd street, the Industrial
! School and to and within Punahou
/ street, and ten cents for each paSsen-
ger using said cars beyond the last
mentioned points"
Section of said Chapter 81, pro
vides:
IF said Railroad or any agent OF
employee thereof shall demand OF
| charge a greater sum of money for fare
on the cars of such railroad than that
fixed by this bill, such railroad or such
agent or such employee shall forfeit
to the person who is thus overcharged
the sum of one hundred dollars to be
recovered in a civil action in any court
! having jurisdiction thereof"
The Circuit Judge decided that the
language of the statute is not ambig-
uOus. 1t provides that within Judd
street, the industrial School and Puma
hou street the fare shall be five cents
for each passenger. The car made one
continuous trip within the limits de-
fined by law and the fare was five cents
Judgment was given for plaintiff
We are of the same opinion. Ex-
ceptions overruled.
L. A. Dickey, S. NJ. Ballou for plain
tiff. P. Neumann, G. A. Davis for
defendant.
Dated Honolulu, H. l., July %, 1896