The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-20


JUDD CD, WHITING, j.
combined
of a
profits receipts
corporation,
stock and all other facts bearing the value of
property; a
alton be
value
chiefly
personal
combined whole value
consisting
chiefly
returned
of its
Proof did
estimating corporations
be sufficient to nvadate the ground
discrimination
OPINION COURT FREAR, J..
By provisions of the general internal law of June,
1896, portion thereof take effect upon publication,
remainder December 1896 and the prior general
law, that of 1892 repealed the repeal take
portion of the law upon the publication of the
new law the remainder said December 81, 1896
Under these provisions the statutory law governing this case
the of the plaintiffs property of
July 1896 of the law of 1892 (Ch CD except Sec
ton thereof Sections Il 49, 49, 81 and of the
(Act 3D. The principal changes introduced by
these sections of the law O Whereas previously the
special appeal Consisting of three persons) created
had been the only of appeal in
further appeal Con both the law and the evdence)
Is allowed the Supreme decisions of the special
tax appeal 2) Whereas previously in practice and
by general understanding rather than by the provisions
the real and personal property several classes
kinds parcels of real personal property when combined
and made the basis of an enterprise for profit had been assessed
separately, expressly provided that such property
shall be assessed whole The principal point involved IN
this the and effect of this last mentioned
provision of the law. Each law, the old and the
provides for upon real property and personal
ery and defines what included under each of those terms
The sections that prescribe the methods of asceraning the
the property which the sections in question this
case, the following:
"Section (Old law repeatedly The full cash value
of all real property and all personal property and of the inter
of any person real personal property, within the
meaning of this Act shall be estimated at which such
real personal property such interest therein might reason
ably be expected bring sale by public auction for cash
Provided always that when real estate house leased
rented the sum OF eight years rental shall be the
value of such real house. unless such valuation shall
be manifestly unfair unjust.
"Secon new law All real and personal property and
the of any person any real personal property
shall be assessed separately each item thereof for its full
cash value
Provided however that in all real and personal
property several classes kinds parcels of real
ona property respectively combined and made the basis
enterprise profit the combined property forming such
basis of such enterprise for profit shall be assessed whole
its fair and reasonable aggregate value
In estimating the aggregate value of each such enterprise
for profit there shall be consideration the net profits
the same gross receipts and actual running
expenses and where is company being corporation whose
quoted in market the market price thereof we'll
all other facts and considerations which reasonably and fairly
bear upon such valuation
In acertanng the aggregate value of the property constitute
enterprise for profit for the purpose indicated by this
section there shall be excluded theefom the value of shares
in other Hawaiian corporations held owned by such enter
prise, and all property which specific levied
And further provided that when real estate or house
is leased rented the eight years rental thereof shall
be the value of such real house, unless
such valuation shall be manfestly unfair unjust.
Section IS law If of the property by this Act
directed shall of real and personal prop
several classes kinds parcels of real personal
property respectively which combined and made the basis
of enterprise for profit the making the return shall