Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-01
TEST CASE UP IN COURT
Continued from Page ~

out in their vehicles as a matter OF
protection from damage of horses and
rigs in the hands of unskillful men.
The law on the subject leaves much
room for doubt. The statute concern
ing livery stables merely states that
the license for conducting livery
stable shall be $50 year and pre-
scribes penalty for conducting such
business without a license. No def
milton is given of the rights and priv
ileges bestowed with such license.
The section under which Carly was
charged states that any person who
shall in any district where a vehicle
license is required convey any passen-
ger or freight for him in any unlicensed
vehicle shall be fined no more than
$25 for each offense."
| Hack Inspectors Macy and Smith this
morning testified that last Tuesday
they had seen Carly drive some pas
sengers in a surrey to the Ventura and
had seen him accept money from one
of these passengers. The surrey was
mot q licensed vehicle nor had Carly
a drivers license.
] Carly openly gave all the facts Of the
case. furnishing the only really sub
that he had, as had been his custom
for years, solicited fares at the steam
ship. He had driven his passengers
about town and had collected $40 as
fare from them. The vehicle used was
not licensed. Carly had livery stable
license which was offered in evidence.
Both Chillingworth and Magoou
Iwere inclined to submit the case OH the
,evidence without argument but Judge
Lindsay indicated u desire to hear ar
gument.
Magoon held that a livery stable
keeper certainly had a right to drive
his own rig and to charge his passen-
gers fare even IL the rig was not lie
ensed. No one could deny that a man
had right to drive his own rig and
livery stable rigs were of necessity
vehicles to be driven for hire. The
livery stables often sent driver with
the vehicles as matter of protection
Of their property which might suffer
damage In the hands of unskillful driv-
ers.
Deputy Sheriff Chillingworth stated
that the hackdrivers had been making
q great many kicks against the livery
people competing with them by solic-
iiing passenger trade. The police want
ed the question settled and so did the
hGckdrivers. The latter contended that
they stood absolutely no show In the
competition with the livery people as
long as these were permitted to solicit
trade at the steamers.
Chillingworth further held that II
| the Court should decide that Magoon' s
contention was right there would be
nc more hackdrivers In town. All they
would have 10 do would be to get in
with some livery stable keeper and
! say thar they were working for him.
In this manner they could escape pay,
ing license for their vehicles.
Magoou answered that Chilling,
worth S contention would be a nexcel.
lent one and one which he would not
dispute II it fitted the facts Of the case.
In this case, however the license had
,oL been used as cloak to evade the
law in the manner Indicated by coun-
sci. Mr.. Carly had driven his own We
hicle. The objection made by the pros
ecution was that the livery stable own
ers solicited trade but there was no
statute to prevent that. The liverymen
paid 4 license Of $50 year, which was
tar in excess to that paid by any hack.
driver. If they in addition to paying
this license would have to take out a
license for each OF their vehicles anC
tor each driver whom they sent along
with them it was hard to see what ben
. eft or privileges they derived iron
paying their livery license.
Judse Lindsay stated that 1t certain
ly seemed hard that a man should pay
{. $50 livery license and then pay for Q
license for each rig and driver he used
On the other hand 1t seemed that the
Legislature had intended that eacf
rig which carried passengers for hir'
should have license and the Cour
would therefore have to find the de
PENDANT guilty,
Magoon asked the Court to impose {
light fine on Mr.. Carly, as there hat
evidently been no desire on his part o
eyading the law.
Deputy Sheriff Chillingworth con
Cured with Magoon stating that tn
matter was purely a test case and tina
a fine OF 81 would he sufficient.
The Court fined Carly 81 and at tn
same time indicated desire that tn
case be carried up for decision by
higher court.
Magoon stated that this would b
done and gave notice Of an appeal.