The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-29
THE TERM IS
ALMOST PAU
Jurors In Both the
Courts We're
Excused.
Robinson Dismisses
the Wide Tire
Case.
Holds That Evidence Was Insult.
ficient-No Extension OF
Present Term.

1
The work of the May. term of Circuit
Court was practically concluded yes
terday. and there will not be another
term until September under the new
law. There will be no extension of the
attorneys in petition to Judge Rob-
inson having requested that this be
not done.
The criminal calendar has been
| cleared of all cases ready for trial. and
there are hardly half a dozen remain
ing upon the calendar. 1t was the in
tention to begin next week with the
trial of civil cases, but in view of the
request of the attorneys this was aban-.
doned.
Both Judge De Bolt and Judge Rob
inson excused their jur1es yesterday af-
ter thanking the members heartily for
their assistance during the past term.
THE WIDE TIRE CASE.
The case of the Territory against
John Correa, which involved the ques-
ton of the application of Act % of the
statutes of 1898. which regulates the
width of the tires of wagon wheels, to
such vehicles as are used by the Pa
cific Transfer Company, was the last
case tried yesterday before Judge Rob-
inson and a jury. When the testimony
for the prosecution was completed.
Henry E. Highton, for the defendant
and for the Pacific Transfer Company,
moved the Court to direct the jury to
acquit, on two grounds, first: that the
Act could not be enforced. because it
was ambiguous and uncertain in not
presenting the point where the axle
should be measured in order to deter
mine what the width of the tires
should be, and. second: because it was
inapplicable to light wagons. such as |
are employed by the Pacific Transfer |
Company and other express concerns. |
which are not concerned in the trans
portation OF heavy merchandise. Sam
uel A Macy. the police officer who
made the arrest. testified that the pos
sible carrying strength of the wagon,
driven by the defendant, John Correa.
in his opinion, was about fourteen hun
would be a thousand pounds.
Mr.. Highton claimed that the wagon
OF the Pacific Transfer Co.'S driven by
the defendant. was property used for
lawful purpose, in a lawful vocation.
and with possible injury to the
~ !
therefore. within the protection of the
fifth and fourteenth amendments of the
Constitution of the United States He
contended further that there was no
evidence to show, even if the statute {
could be otherwise sustained. that the
axle had been measured at the point of I
is greatest weakness, which was all
he act could have meant, if capable
If being constructively defined. Mr..
aighton was broad and clear in his I
admissions of the regulating power of
HE legislature. in proper cases, and
lid not claim that the law in all its
,arts was insufficient, but acknowl-
.dged its potency in protecting the
streets and highways against heavy :
Trays and trucks, which required
Tres to prevent injury to thorough
ares.
Deputy Attorney General Peters
made a full argument for the prosecu-
ion, to which Mr., Highton replied,
Judge Robinson then granted the mo- .
ion and instructed the jury to render i,
verdict for the defendant. which was \
lone. Judge Robinson did not con- q
ider it necessary to pass upon the c
Constitutional questions. but placed $
MS decision on the ground that the o
violence would not support 3 verdict o
T guilty. a
This case has excited considerable
interest among transportation and ex-
ress companies. doing the lighter c
-ork of the community. for the reason
hat the alteration of wagon tires is a
cry expensive. and, as they claim, a
=
THE YIN QUON CASE q
Judge De Bolt sustained the demur n
pr in the case of Vim Quon charged "
18th forgery and the indictment was y
ismissed. The court held that a re-
eipt was not included in documents =
hich constituted forgeries under the n
law. a