The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-10
BRIEF AGAINST THE
RAPID TRANSIT
JUDGE DICKEY POINTS OUT THE
PLAIN LANGUAGE OF THE
STATUTE-HIS ARGUMENT.

Judge Lyle A. Dickey has filed his
brief in the Supreme Cour: in his suit
against the Honolulu Rapid Transit
and Land Company regarding the duty
of the company to issue transfers at
connecting points. Among other things
the brief contains the following:
This is a suit by a passenger on the
cars of the defendant for penalty in
CURED under the latter part of para
graph 4, section 8, Act SO, Laws of 1898,
providing for a forfeit of $4,000 to ev-
cry person overcharged for fare. There
is no conflict in the evidence. 1t is aG-
mitted that defendant runs its cars I'M
der authority of Oh. SO, Laws of 1898,
and subject to it's provisions; that the
plaintiff rode on the King street line
from Keeaumoku street to NIcCully
street; there changed cars and rode on
the Punahou street line to Wilder aye
nue. and Alexander street, and was re-
fused a transfer and charged 10 cents
for the trip; and lNat all points cover
ed by the trip are between MOanalua
and Diamond Head, and less than one
and a half miles from the seacoast
The only question involved is the APP
plication of the statute regulating
fares to such a trip.
The statutes involved are: Sec. lst
Act 50, Laws of 1898. ANY person rid
ing upon the cars of said railway shall
be liable to pay for such transportation
the following rates: For a continuous
tide anywhere between Diamond Head
and Moanalua, or makai of a line
drawn parallel to the sea coast, and
one and a half miles distant therefrom
not to exceed five cents" and Sec. 3
End, Act SO, Laws of 1898. Upon a con-
tinuous trip, persons riding upol the
cars, and transferring from one car to
another upon connecting line within
the limits above mentioned, shall be
entitled to a transfer ticket without the
payment of an extra fare upon the
lines OF this railway"
Plaintiff claims that Sec. 1st gives
a passenger a right to travel inside the
four limits named, the seacoast, a line
one mile and half inland, Moanalua
and Diamond Head, 70" five cents, so
long as he takes a continuous ride in
one car from one point to any other
whatever route the car may take. The
company m, y lay out it's car routes as
1t chooses, but having Gone so may not
charge more than five cents fare.
Plaintiff claims that Sec. 3rd, means
that passenger changing cars snail
still be entitled to take for five cents
any trip that would be five cent ride
If made in one car So that, taking the
two paragraphs together a five cent
fare is provided from any point in the
city to any other point by the COM
pany's cars for five cents.
AS applied to this case, If the COM
pany had so laid out it's tracks and
curves as to run one car over the route
of plaintiffs trip from Keeaumoku and
King streets to Wilder avenue and
A lava nd e~H..
have taken a continuous ride in one car
and the fare would have been five
cents. Defendant having so laid it's
tracks and run its cars as to make it
necessary to change cars at King and
McCully street should have furnished a
transfer ticket without extra fare
The case comes here on exceptions to
a decision of the Circuit Judge in favor
of the defendant. He construed the
. above statutes as to make them limit
( the five cent fare to a passenger trav-
cling in one general direction only, or
continuously from Moanalua toward
Waikiki
This is an extremely forced construc-
| ton, or rather no construction. 1t puts
into the statute what is not there, for
there is no reference to any "direc-
ton"
, Inc ISL paragraph provides a five
I cent fare for continuous ride between
! Diamond Head and Moanalua or makai
| of line drawn parallel to the sea
coast, and one and a half miles dis
tant therefrom. There are four limits
mentioned, not two. Nothing said about
/ direction, a car ride up Fort street is
as much ride between Diamond Head
and Moanalua as one on King street
from the Judiciary Building to Fort
| street.
In paragraph 3rd those entitled n y
| transfer ticket are passengers within
| the limits above mentioned" There are
| four limits. The phrase within the
limits" does not mean Sin continuous