The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-05-29
THE TERM IS
ALMOST PAU
Jurors In Both the
Courts We're
Excused.

The work of the May term OF CIRCUIT
Court was practically concluded yes
terday and there will not be another
term until September under the new
law. There will be no extension of the
present term which ends Monday, the
attorneys in a petition to Judge Rob-
inson having requested that this be
not done.
The criminal calendar has been
cleared of all cases ready for trial, and
there are hardly half a dozen remain
ing upon the calendar. 1t was the in
tention to begin next week with the
trial of civil cases, but in view of the
request of the attorneys this was aban-
doned.
Both Judge De Bolt and Judge Rob-
inson excused their juries yesterday af-
ter thanking the members heartily for
their assistance during the past term
THE WIDE TIRE CASE.
The case of the Territory against
John Correa, which involved the ques-
ton of the application of Act 25 of the
statutes of 1898, which regulates the
width of the tires of wagon wheels, to
such vehicles as are used by the Pa
cific Transfer Company, was the last
case tried yesterday before Judge Rob
inson and a jury When the testimony
for the prosecution was completed,
Henry e. Highton, for the defendant
and for the Pacific Transfer Company,
moved the Court to direct the jury to
acquit, on two grounds first: that the
Act could not be enforced, because 1t
was ambiguous and uncertain in not
presenting the point where the axle
should be measured in order to deter
mine what the width of the tires
should be- and, second: because it was
inapplicable to light wagons, such as
are employed by the Pacific Transfer
Company and other express concerns,
which are not concerned in the trans
portation of heavy merchandise. Sam
uel A. Macy, the police officer who
made the arrest, testified that the pos
sible carrying strength of the wagon,
driven by the defendant, John Correa,
in his opinion, was about fourteen hun
dred pounds and that average leads
would be thousand pounds.
Mr.. Highton claimed that the wagon
of the Pacific Transfer Co.'s driven by
the defendant, was property used for
lawful purpose, in a lawful vocation,
and with no possible injury to the
public streets or to individuals. and,
therefore, within the protection Of the
fifth and fourteenth amendments OF the
Constitution of the United States. He
commended further that there was no
evidence to show, even If the statute
could be otherwise sustained, that the
axle had been measured at the point of
it's greatest weakness, which was all
the act could have meant, if capable
of being constructively defined. Mr..
Highton was broad and clear in his
admissions of the regulating power of
the legislature, in proper cases, and
did not claim that the law in all it's
parts was insufficient but acknowl-
edged it's potency in protecting the
streets and highways against heavy
drays and trucks, which required
tires to prevent injury to thorough
fares.
Deputy Attorney General Peters
made a full argument for the prosecu-
ton, to which Mr.. Highton replied,
Judge Robinson then granted the mo-
ton and instructed the jury to render
a verdict for the defendant, which was
done Judge Robinson did not con-
slider it necessary to pass upon the
constitutional questions, but placed
his decision on the ground that the
evidence would not support a verdict
of guilty
This case has excited considerable
interest among transportation and ex-
press companies. doing the lighter
work of the community, for the reason
that the alteration of wagon tires is
very expensive, and, as they claim,
unnecessary.
THE YIN QUON CASE.
Judge De Bolt sustained the demur-
rer in the case of Vim Quon charged
with forgery and the indictment was
dismissed. The court held that re-
ceipt was not included in documents
which constituted forgeries under the
Hawaiian law.