The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-11

stand examination, the remainder nav
ing been rejected previously at this
term on account Of such disabilities as
being aliens, minors, ignorant of Eng
1ish, etc.
HEAVY TAX RAISE
a raise of $S5, 545. "A Of assessment above
the returned valuation of the Hawaiian
Tramways Co., Ltd, has been affirmed
by the Supreme Court. Track, cars,
horses, mules, land, leases, franchises,
etc, assessed as a whole as an enter
prise for profit, constitute the property
in question. 1t was returned at $780,
Asa. SO, but assessed as of January 1,
1903 at SIPS, 900. The assessor was sus-
tanned by the Tax Appeal court and the
taxpayer appealed. Valuation of the
Tax Appeal Court affirmed" is the de-
cision of the Supreme Court. Castle &
wilmington for taxpayer; Robertson &
Wilder for assessor.
JAPANESE DRIVERS.
The question of the competency of a
Japanese hackdriver who is unfamiliar
with the English language, according
to the provisions of Act "a of the laws
of 1896. is coming before the Supreme
Court under an original submission en-
titled. I'm the matter of Takiehi Sa-
kata ct al and Arthur NJ. Brown, High
Sheriff of the Territory of Hawaii"
In the statement of facts, Takichi
Sakata and three other Japanese, on
the one side, and High Sheriff Brown,
on the other side, allege that there is
a difference between them which might
be the subject of a civil action in that
court
Takichi Sakata and his three country
men, being applicants for licenses as
drivers for passenger vehicles, have
presented themselves to the High Sher-
iff for examination, and demanded of
him the certificates prerequisite to the
issuance of such licenses
High Sheriff Brown has refused to
grant the certificates to these appli-
cants because of their imperfect I'M
Outstanding and rendering of the Eng
lish language, it being, however, adj
mitted by the said Arthur NJ. Brown
that the said Takichi Sakata ct al. I'M
derstand the management OF their
horses and vehicles, understand the
names of streets and prominent locali-
ties within the said District of Homo
lulu, and, in the Japanese translation,
understand the Regulations for Car
riages and Rates of Fare now in force,
as provided for by Sec. 102 of said
Act 64.'
As a matter of law, it is claimed by
the High Sheriff that his refusal of Ger
tificates is justified by the words COM
petent driver as used in the section
relating to such certificates. The four
japanese contend that, as a matter of
law, he is not justified in his action by
those words or otherwise.
PRESSES FOR SENTENCE.
Sidney NJ. BaIlou by his attorneys,
Hatch & Ballou, has filed a motion for
sentence to be passed forthwith upon
the Mutual Telephone Co., Ltd, and
w. F. Lehigh, its superintendent, in
accordance with the order adjudging
them guilty of contempt of court. The
motion is based on the following aff1-
davit, under date of March 8:
~. W. Bergstrom, being duly sworn,
on oath deposes and says that he is the
president of the Bergstrom Music Com
pany, Limited; that a short time ago
said Bergstrom Music Company, Limit
ed, received a Telephone Directory da-
ted March, 1904, for use in its Office,
which Telephone Directory does not
contain the name and telephone number
of S. NJ. Ballou, and that said name
ana ISlepHOHe number OF .. m-abdllOu
has not been inserted in said book UP to
the date of this affidavit
Judge Gear, it will be remembered,
gave the defendant, on a contempt cita-
ton, five days wherein to insert Mr..
Ballou's name and number in the di-
rectory.
ORDER FOR REVELATION.
Judge Gear has signed an order in
First National Bank VS. McChesney ct
al, directing that Jesse NJ. McChesney
appear before the Circuit Court on Fri
day (today) at 4 p. m. and be orally
examined as to any and what debts are
owing to him, and bring with him all
documents, papers and lists showing
any and all debts due him or the firm
of NJ. w. McChesney & Sons. The
order was made on the application of
the plaintiff as judgment creditor.
CASE RENTED.
A remittitur to the Circuit Court by
the Supreme Court of the case of Oahu
Lumber & Building Co. VS.. C. Din Sing,
as trustee for Oy Shock Kee Co., an
unincorporated society, has been filed.