The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-17
Be
REFUNDED
Seattle Brewing Co.
Wins Case--.0ther
Court News.

| "A statute which provides that no
| foreign corporation with certain eX-
ceptions. which does not invest and
use its capital in this Territory shall
have an office in this Territory, unless
! it first pays a prescribed annual Ii
cense fee. does not apply to a foreign
corporation engaged in selling beer in
the Territory which in good faith In
vests a substantial amount of it's cap
ftal in the Territory in land, buildings.
bottIing plant, stock of beer, etc.
Such is the syllabus of a unanimous
opinion of the Supreme Court, written
by Chief Justice Frear, in favor of
Seattle Brewing & Mating Co. in its
suit against A ]. Campbell, Treasurer
of the Territory. 1t was an action
to recover two annual license fees and
penalties for delinQuenCies amounting
in all 10 $3.50 paid under protest by
the plaintiff to the defendant upon the
latter's demand. The case was tried by
the First Circuit Court. without jury,
and Judgment rendered for the plant
iff Defendant took exceptions to the
Supreme Court, which raised the ques-
tions whether the plaintiff invests and
uses it's capital in the Territory or Is
engaged in the business of foreign or
interstate commerce, in either of which
cases it would not be liable to the Ii
cense fee under the terms of the
statute.
In the opinion the ideas that a foreign
corporation must invest all it's capital
here and that it's business must be
solely foreign or interstate to bring it,
in either case within the exemption
from the license fee, are discounte-
nanced. The court seems to. coincide
with the contention of the plaintiff
that the statute was born of a griev
ance of local merchants against for
eign corpora tons which sold through
agents by catalogue or sample without
having property in the Territory sub
ject to taxation and which therefore
would not be under equal burdens with /
the local merchants, and that the pur- |
pose of the statute would be accom- !
plished by the bona fide investment of
4 substantial amount of capital in the
Territory" In this case the plaintiff
has invested about $4,000 in it's local
establishment.
A. G. M. Robertson represented the
plaintiff. and Attorney General E. C. /
Peters and Deputy Attorney General
NJ F. Prosser the defendant
The Government fought the matter to
/ finish to obtain a definite construc-
ion of the law.
JUDGMENTS.
Judge De Bolt was engaged yester-
lay afternoon in trying an action on a
,lumber's bill, that of Won & Lui Co.
against Frank Archer and others. L.
Dickey appeared for plaintiff, and
" c.. Achi for defendants. Judgment
lffirmfng that of the Honolulu District
Court for plaintiff for $50 was rem
Tered
In giving judgment Judge De Bolt ,
aid Mr.. Archer wanted the plumber to
70 something in opposition to Sir Isaac
Sewton's philosophy. He wanted him :
o make water run up hill. 1t was
rue the mechanic used more pipe than
Jas necessary, but it was in the power
f Mr. Archer not to accept the work.
Judge De Bolt gave judgment for
'suruda who pleaded his own case
gainst F. F. Farm for replevin of
orse valued at $50.
COURT ITEMS. a
Judge Robinson granted the petition n
A. y. Campbell, administrator of y
lie estate OF Mele L. Kunuiakea for an
rder to pay taxes so as to save penal
es against the estate
Otokichi Shimahara has brought a a
lvOrce suit against KIM Y Shirna- O
ara on the ground of his habitual in :,
importance
Dora Lancaster who was arrested
r adultery after acquittal of bigamy e.
the Federal court, and her alleged j,
gro paramOur. William Monroe. We're T,
'und over to the u. S. grand jury -.
$1,000 and $500 respectively by Com q
fssioner Geo. a. Davis. The coon al
hen arrested uttered dire threats NJ
'ainst Marshal Hendry for nabbing
m. TT