Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-20
JUDGE DICKEY WINS HIS
TRANSFER POINT AND 500
SUPREME COURT UNANIMOUSLY
REvERsEs JUDGE DE BOLTS
DECISION - CONDUCTOR
REFUSED A TRIP SLIP.

UtClslOH' IeNeIseS JuuBe lie BOll WIN
found In favor of the defendant cor
poration and directs the circuit court
to render judgment for plaintiff.
Justice Perry writes the opinion,
which is unanimous.
Judge Dickey appeared personally
Castle a Wilmington for defendant.
Says the syllabus:
A passenger on the cars of the Hu-
nolulu Rapid Transit & Land Company
may not lawfully be charged more than
Ave cents for "A continuous ride from
the corner of King and KeeaumoKu
streets, along King McCully, Bereta-
mia and Alexander streets to Wilder
avenue. 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 u
transfer ticket therefor.
| After stating the case and reviewing
the various routes Of defendants tracks
the opinion goes on to say:
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 Ave 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
left the King street car and entered
ha
mauka and left the latter at the corner
OF Wilder avenue and Alexander street.
/ While on the last mentioned car the
laintiff was charged and paid an adj
Ciiioual sum OF Ave cents as fare. IL
Is for this alleged oyercharge that the
action is brought. The facts OF the
case are understood and the only ques-
ton Is whether under the provisions
, Of Act 90 the defendant could lawfully
refuse to give the transfer ticket de
manded and charge an additional fare
on McCully street.
I The ground traverscd by the plaintiff
in his ride was wholly between MOana-
lua on the west and Diamond Head on
the east and Is conceded to nave been
wholly makal OF a line drawn parallel
t. the sea-Cuast and one and halt
miles distant therelrom. II was entire
ly within the outer geographical limits
prescribed By the FIRST subdivision OF
the section. There is no requirement
THAT each five cent ride shall he in one
general direction. A limitation as to
direction may perhaps be inferred from
the use Of the word ride" in subdivis-
ion and the word ride" In subdivis-
ion /. It may be that these words Of
themselves should be held to indicate
an Intention on the part o! the LCgis-
ldturC TO prevent the taking OF re
turn "trip for To- one fare lscc Dlckey
y. Haw. Tramways Co., 10 Haw. 3SI,
800; but II Is unnecessary to pass
upon that point in this case. tor the
'rlainIin d!d not attempt to take re-
turn trip, lie Travelled in one general
direction only, away from his starting
point, AS much so as IL he had con-
tinued to the Manua valley terminus Of
the line. Nor need We say how much
beyond the corner Of Wilder avenue
and Alexander street the plaintiff could
have ridden before the company could
have lawfully charged him an addi-
EtiOnal fare; il Is sufficient for the pur-
poses Of this case to say that the ride
which he did take was well within all
the limitations prescribed By the stat
Lutte,
The main argument for the defend
liant Is that to uphold the plaintiffs
contention Is to enable a passenger to
ride around and around" Tor single
fare or at least to open the door for
fraud of that kind. We do not hold
that passenger may so ride As tn
the possible preparation OF fraud, ,he
statute to make, with the approval
OF the Governor, reasonable rules and
regulations to prevent It and It's Off
GERS and employees will no doubt DO
able to devise such rules as will prove
effective to carry out that purpose
and prevent passengers from riding
beyond the point TO which they may
: lawfully ride for one fare
The plaintiffs ride was 4 continuous
one, and the line to which a transfer
was demanded was a connecting line
within the meaning Of the statute. The
mere fact that the overhead wires were
> not then connected at that corner
would not, of course, render the Nc.
Gully street line any the less con.
Meeting line (see Dickey v, Haw. Tram,
ways Co, supra, and Haw, Tramways
Co " Sturdeyant, ID, 597, 599l; nor eau
the company by mere rule make q
line n connecting one for some pur,
poses and u non-cOnnecting one foI
ID other purposes, It's power 10 max,
= rules is always subject to the limita,
ito that such rules must not conflict
with the other provisions Of the stat,
70 ute,
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