The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-09
M LIMITATIONS
Run On TAXES
Rauid Transit Go. Moves for
Directed Verdict - The
5raWn Lease.

Under Sec 10 Of the Organic Act an
action Tor taxes for the year 1899 is
nor barred by the statute OF HInita-
TONS"
sa the Supreme Court unanimously
decides, I'M an opinion written by JUS
tee HartweII, on the. appeal of the
plaintiff in the case OF j H. kunewa,
deputy assessor. Y. J. K Kaanaana,
from District Magistrate Honkano OF
Eva
The suit was for SI93.za.. taxes claim
ed for the years 1893 TO 1905, both in
elusive Defendant making no ap-
pearance the magistrate heard the EVIL
dence and gave Judgment for the plain
tiif for sI77.6o. being the sum found
70 be payable for taxes assessed for
the six years prior to the action. to-
getller with costs, but held that the
plaintiff was not entitled TO recover
taxes for 1893 ON the ground that the
action was barred by the statute of
limitations.
lions to modify the Judgment by adding
the sum found to be payable for the
taxes of 1893. Justice Hartvell says.
TT is significant that the act of 1896,
exempting the Hawaiian government
from liability tn suits except as therein
provided, is continued in farce under
the Organic Act" This refers to the
question. of sovereign powers deiegat-
ed 10 the Territory by Congress-. eBIr,''
the opinion proceeds, I'VE do not pur-
sue the discussion further. as it is clear
that tie defendant cannot interpese the
statute as a defense to the action to
recover the tax payable IN 1893 under
Sec. 70 of the Organic Act, which de-
clares, That all rights OF action. suits
at law and in equity. prosecutions and
Judgments existing prior to the taking
effect OF this act shall continue to be
as effectuaI as if this act had not been
passed; and those in favor OF or
against the Republic Of Hawaii, and
not assumed by or transferred to the
United States, shall be equally valid
IN favor of or against the government
Of the Territory of Hawaii
There was no appearance Of the de-
PENDANT in this case, but the court
learns that in a case involving the
same question, pending before the dis
trict magistrate OF Honolulu, the de-
Tense relies upon Metropolitan Rail
road n District of Columbia. I32 G. s.
I, claiming that the Territory, like the
District OF Columbia. is bound by the
statute OF limitations from which only
a sovereign state is exempt
III E. Prosser,, Deputy Attorney Gem
eral, appeared for plaintiff, Attorney
General Peters also On the brief
DAMAGE SUIT CLOSING
At twelve minutes to three yesterday
afternoon the defendant rested in the
double suit for $40, 600 damages each OF
Mrs. EeIeiulle and Mrs. kealol1apauoIe
against Honolulu Rapid Transit &
Land CO., on account Of personal in
jiIrtes from collision OF IN electric car
with a. buggy in which plaintiffs were
riding
Mr.. Wilmington then moved for a di-
ree1ed verdict for defendant on the
grounds. first, of contradictory uegii-
gence OF plaintiffs and, second, OF fail
ure ID show negligence on the part Of
defendant or it's servants. He would
require some time to present his argu-
ment, he informed the court.
Judge De Bolt Thought the jury might
as well be excused till Monday morn
ing
Mr.. Dunno, associated with Mr. Dou- |
tllitt for plaintiffs, wanted the trial to
proceed TO finish that evening. To
this end the Instructions to be request
ed On their side were ready TO be hand
ed TO the court without comment.
Mr.. Within ton, however, wanted TO I
be heard on his Instructions, besides
having a good deal to say on the motion
for a directed verdict.
AS objections came from jurors when
both to attending court On +
Saturday and to coming half an hour
earlier on Monday the jury was ex-
FUSED until 10 o'clock Monday morning.
Mr. Wilmington forthwith began To
argue his motion.
TO ENFORCE LEASE