The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-12-01
SEPTEMBER TERM, 1897.

OPINION OF THE COURT BY FREAR j.
These appeals under the general law of 1896, (Ac
SD the scope and effect of which forth length
in Iner-Islun Steam Mar. Co. Shon, Haw. 624 The
distinguishing feature of the Act far as it relates to the
present cases. that requires several kinds parcels OF
property when combined the basis of enterprise for profit
be assessed whole whereas previously the several parts
property had been assessed separately. In 1896 the
year the law effect the sugar planters for the most
part returned their property under the old law and the several
raised the valuations to the amounts which they deemed
proper under the law Thereupo from consdera
TONS compromise valuations agreed upon most
This also the planters least those involved these
for the returned their property under the old law
giving merely the valuations of the separate items The
raised the valuations and the planters appealed the tax
appeal of their respective districts the Island of
Kauai eleven the Island OF Hawaii and the Island OF
Oahu In of these the planters appealed only the
of the of the compromise valuation
of last year. The appeal sustained the
assessor others they sustained the taxpayer aherng the
valuation but they fixed the valuation
between the The present appeals then
taken this court by the others by the
taxpayer in some by both parties The assessments last
made of July 1896, those in question of
January 1897 Ia order avoid repetition shall first
sder number OF general questions that have arisen these
and then the prominent characteristics of each
plantation and our conclusion.
The first question that naturally the
of appeal this In opinion the decision
of appeal court is be regarded in this in the
light of verdict of jury of the jury waived law
case, but rather in the light of decision by Circuit Judge
Chambers In other Words this while giving certain
weight decision of appeal court authorized to form
assessment
dence appeal occupies about the position
equity appeal in this This substantially the view taken
III the Inte,sland above cited See pp 625, See
upon equity appeal, Cha FOok Lau Pin, ID. 3OS Of
limits fixed by the appeals.
whether the compromise valuations last year should
be adhered the absence of proof that material
in values occurred between July l. 1896, and July 1897
the opinion that weight should be given the
and much weight counsel for the Hawaii
plantations contends for Those compromises made under
peculiar 1t does not appear how fully carefully
the questions involved considered Apparently the
altogether satisfied with the compromise valuations
but yielded the advice of the Executive Council
The planters themselves also apparently did regard those
valuations of continuing Not only did they
return their plantations those valuations this year, but they
least those Hawaii whom the offer made refused
last those valuations
we'll as for July 1, 1896
We however fully agree with valuations should
not be changed from year for light Under the
old law when the of property composing plan
tation assessed separately the total valuation of the plan
tation which merely the of the values of the parts
garded separately naturally would change from year
if only very slight But under
the law the value of the property whole should
with every little change the of the values of the parts
regarded separately For instance the value of the plantation
whole would vary materially merely because there
hand fertilizer because the price of
higher because there of matured
time than at another time. No doubt such changes
these properly be considered but not only is desirable
that valuations for the purposes taxation should be of
what lasting character but vaung the property of enter
prise whole intending purchasers consider chiefly the
ing power of the property the long shown by its past
history and future prospects and possibilities.
The main consideration the FUTURE the past being of i'm
portance chiefly help in determining what the future
likely be- And in considering the past although the
Sec 6S requires the state his what the
profits well the proceeds and actual running
peses of such enterprise have been during the twelve months
preceding yet the is limited consider
alton of these factors for the preceding twelve months for
only there attempt limit him in the ee Sec
10 but would be highly improper to consider these
fo only if he could them for longer period
An enterprise pay handsomely year and suffer
loss another and the value of its property
little during the two The tax in question in
depending for its the income for the year
preceding but property the earning power of which