Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-12-03
Supreme Court Decision

cense, and now has such license
| That the defendant conducted an
suction sale is beyond doubt. II was
a sale by competitive bids where the
seller invited and excited COMPETE
tion and disposed Of the property
to the person who made the highest
4 bid The practice of conducting such
sales lis said to have originated with
the Romans who gave 1t the descrip-
tive name of auctio. an increase, be-
cause the offered property was sold
to him who would offer the most for
IT," Crandall v. State. 2S Oh. st.
I79, iS1. The essential part is the
selection of "a purchaser from num-
Der of bidders says Bowler after
defining an auction as being "a pub
Tic sale OF property to the highest
bidder" Whether the sale be "by
the inch of candle" or at Dutch auc-
ton or in the method ordinarily pur-
sued at the present time. competi-
tion is a necessary element (Crandall
v. State, supra. 1927 and It is that
""'c" uis''"su's"es SAFE a' auc'ioh
| ''o" o'her safes "here the attempt
to sell and to agree on price is
maze win but one prospective pur-
chaser at time.
Does the fact that bids were ac-
'epted from retail dealers OF fish.
and from no others. place the trans
ACTIONS without the class OF sales at
pupiic auction within the meaning
10y 'he s,a'u'eE we think not. In
me WORD auction itseif there is
"o'n'hg 10 'ead TO the opposite con-
eiusioh' In 80 far as the word pub
NC imports puoHcity' safe free
rom coheeaimeht' open to the knowl-
euse UT VIZ" oi all rs opposed 10
one III private or unknown TO the
community at large that element
o'ear'y eN's,ed III the JURISDICTIONS
uhoer co"s'uerat'oh. Ihere was no
a',e"pt AT cohceaimeht or secrecy.
as'ae from TINS element the word
puohc Is susceptible OF various
snaaes Oh meaning. IL may De 80
useu as 20 nave reference 10 all OF
the "ie"oers oi community state
Ioi milton OF as reierrihg 10 the
ooi,',i""i'y !" general OF eohsid-
erao'e portion OF IL. IL Is IN me iat-
yer sense, we ,h'hk' tnat IL ID used
;" ''e S'"'u'e ~ q"es'ioh' Inc sa'e
was none ,he less PUBIC because OF
'ne excursion from oiddihg OF the
''"'s Wn'ch was eNc'uded' Inc saie
~ Vi io's vi hsn varying from ~ 10
wv pouh"s ea'"' Inc CHESS aunt
GU 70 oiu' 'he re,aii ueaIers OF NM
,uo'.'eo p'ao''ca'.y all VINO wouid De
'Ne'' W o"er p'u'' Inc mann pur-
poSe VI auc'io'' safes is 10 OBTAIN
'"e pe'' hh"nc'ai returns LOT the
|oWhers oi 'he properly sofa. some
measure VI u''ore'ioh 10 Nes'eu IN
'u''io"ee'S as 10 'he precise meth
gus W oe pursued IN a''aihihg that
IooIe'.' ,or eNa"p,e' p'as heed not De
aeoep,eu lrohl n'inors or from per-
oo"o h'e,po"o'o'e e''her hhahcialiy
,ne"a'' VI iro'h oruhkeh persons
I'm o"e o"e'ins :" oau ia'.n "
"se III mo o'u over 'he Did last
-, 'ee a!'or " narhett'
~. supp, 800 '9V' s'i' .
~ may wen DC conceived that an
"eonee, may !" good 'ai'n ana IN
- .''. " a Woper alscre'ioh
80" ~ W oe " Tue oes' interests oi
p'",'pa,n' ~ SERIES Oh saies
"on as oesor'oeu III 'he agreed state
e'u'e " '." 10 tue coh-
1870 ""o ~ 'a'e '"''a"ces might
it,, a., appea' anu p'a W ,"e man
ms. a.. -, y. .ne 'e.a' uea,ers
ee u"po'' anu 'esu'ar-
80 ""u pu,.hase
o.s,r,,a,,n., n ~ ~" ns"' 'he
ldo,.,,,., H. . :" W .no
a, ,,,,.. n. - au.n '"'e
|sxo,md,na ~, $1,000 uo'
=, hoo,.a Ii ~, ,'',. s"'o
sol. -, a.ur,. ,.'
Il