The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-07-06
BREWERY
JUDGMENT
From which Treasurer
Campbell Takes
Appeal.

# Treasures. fss11sf.e1F IS allowed u
fudge Lindsay gaat4 Sept. 90 to eas us
s7seer,e5.sz1s TO Gass J5scaxaseat against haiar
"a favor II the Seattle Efe7vl7x 3 Malt
ing co. &. O. n Robertson appeared
for bl,aiaeffr. sa4 Dsp,stg Attorney
EcysH@rs4 NJ r Fsresser for. defendant
and tfs deefssos9 ~ yf4dss Lindsay be
ing an ffapcrtant or@. IS here given N
feaIs
Tafs aet5on n a<sanapsle to recover
$50 as ard FOR aaar4gs rad ana rsce2-
"a by tire defendant for. tE4s use Of
plaintiff came on for hearing on geas
D. 1868, :ofy waived,
The Supreme Court has held Ffav<
go eta&t me. co4ael&sat In This case sets
form 3 cause u action.
Z End from fA@ sv1aezce eaas the
faoaeys $50, was paid bv oIafrltift ON
March d. 1865 erqdsr iarsss, enaer
protest ana wlfh notice " saft 90 re-
cover.
This evidence Shows shat tFEe plain
TIFF, q corporation organized under the
laws 81 ehs STATE of West Virginia, for
tF4s purpose, among others. OF raanGfae~
t5sfITfs Eyeef ahG other malt products,
owns and operates a brewery or brew
cries IN the state OF Washington. That
tbs company maintains branch agen-
efsS In several Of tas states and terri
tories Of the United States to which les
beers are shipped ana bottled and sold
sfls disposed Of.
IT ra8lataffls such . branch agency +
8t HoDoiaIa in this Territory, 1t ships
It's beer here in btsik, Some Of IL fs dis
posed Of here 81 eaIk. The rest Of it 4
IS botfl&9 at 70 B0stIfus works or plant 4
~ fen The company mas established and 4
operates at said Honolulu
'"f4s money to recover which this /.
action was brought was demanded by {
defendant OF The plaintiff under Aet So
" tae Session Laws Of 1868
f@Th6 plaintiff claims that it is not
liable for tbs tax prescribed by that
s&t for TWO reasons. ~ that it is . cor
5orati6n engaged in interstate and for
ign 6ofameree, and ~ that ii is 81 cor
J6fati0n which invests It's capital in
his Territory.
II d. not deem It necessary to pass
N the FIRST point. But ! agree with
Plaintiffs contention as to the second
,0iht
'''fhe plant and works maintained as
f0resaid by the plaintiff In this Terri
Dry represent u bona flds investment
i sotne $4,000. This in my opinion
5 enough to take this corporation out
+ the operation of the statute ] do
ct think ti3e Legislature intended that
he corporation must necessarily invest
u Of its capital in this jurisdiction,
Let judgment be entered for the
i6fntiff for the amount claimed
COURT NOTES.
4 plea in abatement has been fled by
v. $. Edfngs for defendants in the suit
g. W. Booth " Cn8ss g. Deslsy. Lem
81 G. Ables aud Gustav sefuman. II
claimed that w. -. Fisher is 4 joint
biigee with the plaintiff and If there is
cause of action IT acerues to Booth
nd Fisher jointly. Because Fisher is
Ut named in the declaration together
18th the plaintiff. the defendants sub
lit that the writ should be duashed4
!. w. Catheart has filed denutrers
ssbeetiVely to the damage suits of r. !
. Kay and Henry Guupfer against +.
. Within. a wealthy tourist. on nc
5unt Of injuries alleged to have been
fused by defendants automobile in |
honolulu