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.

enter judgment i'm 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 am
other fare. His claim was that the
charter OF the company prohibited it
from charging more than five cents for
a continuous trip anywhere between
Moanalua and Diamond Head, and a
mile ana a 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"
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 7, 1903, while
the plaintiff was a passenger on it's
cars. On the day named the defend
ant was operating in the district of
| Honolulu under Act 60, 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; (2) from the corner of
Liliha and Wyllie streets, down Lili
ha street, along King, Hotel, Alapai,
Lunalilo and Pensacola streets, along
| Wilder avenue and Alexander, Bere-
tania and McCully streets to King
street: and 90 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 a 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
the first car on McCully street going
maulfa 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 shat
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
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
| portation the following rates: For a
| continuous ride anywhere between Dia-
mond Head and Moanalua, or makai of
a 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,
| for which purpose tickets shall be is
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.
9rd. 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 rail-
way.
4th. The said association and others
| shall make reasonable and just regu-
lations 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
regula tons, 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 at 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
ISOLATION and others than that fixed
by this Act, such association and others
or such agent or employe shall forfeit
to the person who is thus overcharged
the sum of 800, 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 outer geographical
! limits prescribed by the first subdiyi-
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