The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-20
RAPID TRANSIT
LOSES ITS SUIT
SUPREME COURT UNANIMOUSLY
DECIDES AGAINST IT on IT'S
DOUBLE FARE PROPOSITION.

Transit Company, reversing the cir
cult court and directing that court to
enter a judgment in favor Of Dickey
for the 500 penalty provided by the
statute. Dickey got on an east bound
King street car at Keeaumoku street to
go to Wilder Avenue. At McCully
street he applied for transfer to the
car which would take him to his des-
tination. The transfer was refused.
He took the car and was charged an
other fare. His claim was that the
charter of the company prohibited il
from charging more than five cents for
a continuous trip anywhere between
Moanalua and Diamond Head, and a
mile and half from the sea shore,
and requires it to give transfers at all
connecting points. The Supreme court
in an opinion by Justice Perry hold
that Dickey's contentious are correct.
The syllabus says:
"A passenger on the cars Of the Ho-
nolulu Rapid Transit & Land Company
may not lawfully be charged more than
five cents for a continuous ride from
the corner of King and keeaumoku
streets, along King. McCully, Beretania
and Alexander streets to Wilder ave-
nue.. Such a passenger is entitled,
without the payment of an extra fare,
to transfer from the King street to the
McCully street line and to receive a
transfer ticket therefor"
The decision is as follows: "The
plaintiff sues. under section of Act
50 of the laws of 1898, to recover of the
defendant the sum of 500 for an over
charge alleged to have been made by
the defendant on April Z, 1903, while
the plaintiff was a passenger on its
cars. On the day named the defend
ant was operating in the district of
Honolulu under Act 50, the following
lines of street railway: % from Kalihi
along King to McCully street, across
the McCully tract along Waikiki road
and through Kapiolani Park to Dia-
mond Head; co from the corner of
Liliha and Wyllie streets, down Lii
ha street along King, Hotel, Alapai,
Lunalilo and Pensacola streets, along
Wilder avenue and Alexander Bere-
tania and McCully streets to King
street; and go from Wilder avenue,
along Punahou street into Manoa Val
ley.
AT the corner of McCully and King
streets, the overhead wires were not
connected. The plaintiff entered an
east-bound car of the defendant on
King street at the corner of Keeaumo-
ku, paid five cents as his fare and
asked for a transfer ticket to car
going mauka on McCully street. This
request was refused. At the corner of
King and McCully streets the plaintiff
i left the King street car and entered
the first car on McCully street going
mauka and left the latter at the cor
ner of Wilder avenue and Alexander
street. While on the last mentioned
car the plaintiff was charged and paid
an additional sum of five cents as fare.
1t is for this alleged overcharge that
the action is brought The facts of
the case are undisputed and the only
question is whether under the proVis-
ions of Act SO the defendant could law
fully refuse to give the transfer ticket
demanded and charge an additional
fare on McCully street.
1.-THE applicable portion Of the Act
reads as follows:
Section 8. LIST. ANY person riding
upon the cars of said railway
shall be liable to pay for such trans
porta ton the following rates: For a
continuous ride anywhere between Dia-
mond Head and Moanalua. or makai of
line drawn parallel to the sea coast,
and one and a half miles distant there
from, not to exceed five cents, provided
that children under seventeen years OF
age in going to and from school, shall
not be required to pay over half fares,
sued.
End. For transportation without
said limits such rate shall be charged
| as said association and others shall,
| from time to time, fix. subject to the
approval of the Executive Council
3rd. Upon a continuous trip, persons
riding upon the cars, and transferring
from one car to another upon con-
Meeting line within the limits above
mentioned, shall be entitled to a trans
fer ticket without the payment of an
extra fare upon the lines OF this ran
way.
Attn. The said association and Others
shall make reasonable and just regu-
Elations with the consent and approval
| of the Executive Council regarding the
| maintenance and operation of said rail-
way on and through said streets and
roads; and the said association and
others failing to make such rules and
regulations, the Minister of the Interior
with the approval of the Executive
Council may make them All rules and
regulations may be changed from time
to time as the public interests may de-
mand a t the discretion of the Executive
| Council.
"If said association and others OF
any agent or employee thereof, shall
demand or charge a greater sum OF
money for fare on the cars of said as
sociation and others than that fixed
kby this Act, such association and Others
| or such agent or employe shall forfeit
to the person who is thus overcharged
the sum of 500, to be recovered in a
civil court having jurisdiction thereof.
THE ground traversed by the plain
tiff in his ride was wholly between
Moanalua on the west and Diamond
Head on the east and is conceded TO
have been wholly makai of line drawn
parallel to the sea-coast and one and
a half miles distant therefrOm. 1t was
entirely within the onter geographical
limits prescribed by the first subdivi-
sion of the section. There Is no require
ment that each five cent ride shall be
in one general direction. A limitation
as to direction may perhaps be inferred
from the use of the word "trip" in sub
division and the word ride" in sub
division /. 1t may be that these words