Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-16
case, we shall assume them to

this case, we shall assume them to
be true.
Under the issues presented there is
but one difficulty in deciding this case,
namely. to determine the proper con-
struction to be placed on that part
OF the section providing that in case
the land embraced in the abandoned
highway shall be sold by the Terri
tory 1T shall be first offered to the
AUDITORS in compromise, for reason
able price" etc. If the phrase I'm
compromise" were eliminated the diff
ficulty would vanish and the meaning
would be plain.
The construction adopted by the Cir
cult Judge treats the phrase lin COM
promise" as meaningless and the sec
ton as meaning exactly what it would
IT, those words had been omitted We
cannot approve of this construction
since we are bound to assume that the
legislature had some purpose in in
sorting the words. The position of
the phrase in the sentence seems to
warrant the inference that II was used
to express the purposes of making the
offer and to limit the AUDITORS who
were given the right to demand the
offer be made. All AUDITORS on an
abandoned or vacated street were not
/, given the right by this statute to de-
mand that the land be offered first to
; them at a reasonable price before being
D sold. II was only such AUDITORS as
, might be injured by the vacation of
E the highway and thus have a claim
= Tor damages against the territory ana
whose claim Tor such damages might
= DC settled OF compromised oy such
] oher and sale IN pursuance thereoi.
+ 10 the aDuttor VINO was NOT uamaseu
t II would De Impossible 10 make an
! oher In compromise lie wouid nave
hothlhg 10 compromise WIN the Ter
iltory TOT the reason that ne was hot
gu " 10 "S
~
10 '"e '"N S'''' =, ,,
'J"'eu "o"'''' Ut i'"'' "'''' 10
\ Nv 'N'"se W '''''e''''"' VI
ioi u"ni"ee' t""' "ii "pu.,'' ,""' m"'.
VII a''oun' vi '"e '"'"''o" VI 9'' w
VI '""' '"e amount VI '" ''"'"' ~
H"in'hs '""t w .','', -. VI"
""pvi VI "Dh,
'"eu WI 'he pt''e VI Nh' '"i"' us
vi se "o"'u '' ""''"
'Hs VI Tue "o'u .o.np' o'''se ou' "a.
"o'u :" 'l's ''"'"'' . "',''"D', w.,
useu III "io'ne' seise' ""ir.'!' 40 an
"s'e'ien' VI 'o,iiP''' "uOp'eu 20 4"
",e"ls VI s"re'I C on """'''' '"''''"
''''''''''S'' |e"'' Nv
Inc Legislature by virtue OF us gem
''"i Po"'' o'e' '"' "'e"""'S VI Wv
""', &c We n",' So, -.
GUY oiue' ''e 'n'"''o" VI s"." VI '".r'
ao li"! I'm ' '!'',' W '".'..'
i W" '', ""'' '"' "'' 80, VI " "'e"""'
WI .""'. Sp'I'"' ,"y"'; w "ii "u'O'"
,"e '"''' II" % ''''''''N W U.s."
vi TWO aOu'''hs owners On an aoahu-
oheu highway one mas tue SAINT i''e
9 ana convenient access 10 MS premises
I aI'er as Delore the vacation Whiie 'he
4 access Vi the o'her u MS premises IL
Q eh''Feiy cut On NJ oner III coiliPIoni-
t ise couiu oe hiaue u Tue hls' lor 'he
Ieasoh 'h"t ne mas sus'"'heu ho ihJu'!
anu mas no'i'hs " coniPr"ihise WIN
) 'he ierrn'ory Du' between the natter
5 anu 'ne ie''''o's 'he'e e"'s'S an "A
ueteIiiiheu coh,roNers! On arcouh. VI
MS property 'uNen anu MS risht ues-
, tIo!eu D! 'ne ap"nuonileht vi 'he
, s',ee'' ne la'ler Is Tue aDu''el u
2 "noll 'he i"iu must pe onereu oeiole
= s"Ie anu 'he FORMER ai'noush ah apu'-
'er Is hot ""n'h Tue ''rIhs vi 'he
S'"'u'e anu mas ho ris"' uhuer It,
By the offer In compromise 10 Mrs.
e hose ana her acceptance she obtained
= an outlet to the highway and her claim
e lor damages that would nave accrued
3 had the land been sold to complainant