The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-12-03
FISHERMEN GET
AISEVERE BLOW
Supreme Court Holds That Their
Method of Selling Fish Con-
stituteS Auction.

In an opinion handed down yester-
day, the supreme court upholds the
constitutionality of the auction law,
Section 134S of the Revised Statutes,
requiring the payment of an auction IL
cense fee of 5000 for the district of
Honolulu and SIS for each other taxa
ton district; holds that the manner of
disposing of fish by the japanese fish
ermen constitutes an auction-and
thereby deals the fishing industry a
blow that must severely injure it.
The opinion, however, was not unani
nous, Justice Wilder dissenting. Justice
Wilder is almost always the member of
the supreme court who dissents when
a dissenting opinion is rendered.
The matter came before the supreme
court on the appeal of the Hawaiian
Fisheries, Ltd, japanese corporation,
from a conviction before the district
magistrate on the charge of running
an auction without first obtaining a
license. The defendants claimed that
licenses are required only for sales
at public auction, and contended that
their manner of dispOsing of their
catch does not constitute an auction.
i The case was submitted on an agreed
statement of facts, the gist of which
was that the catch, as soon as it comes
in by boats, is loaded into wagons
and carried to the fishmarket, where
it is offered in basket lots, each basket
containing from seventy to one hun
dred pounds, and sold to the retail
dealers at the fishmarket who bid high
est for it.
The supreme court holds that the
fact that the fish is sold on COMPETE
tive bids constitutes the sale a public
auction and the court also holds that
the law is constitutional and valid. The
Judgment appealed from is affirmed. So
If a fisherman has a basket of fish
to sell and does not sell to the first
bidder, he is conducting an auction and
must pay a license fee of 5000. Which
is very fine for the poor fisherman.
Justice Wilder does not see it that
way, however. He does not go into the
matter of the constitutionality of the
law, but only holds that the sale of
fish as practised by the japanese fish
ermen does not constitute an auction
and therefore they are not liable for the
payment of the 5000 license fee. But
there are two to one against him, and
thu opinion of the majority ruies-un-
less the Supreme Court of the United
States holds differently.
Circuit Judge Sustained.
: The supreme court also handed down
an opinion in the matter of John ID.
Paris VS.. jeremiah Kuhaupio, Antoine
Perry and Manuel Fernandez sustain.
: ing the circuit Judge.
= This was on action to quiet title to
/ piece of land in Kona, Hawaii. The
circuit court, jury waived, found for
the plaintiff, The defendants appealed
but the supreme court holds that there
was evidence to sustain the findings OF
fact and refuses to set aside the judg
ment.
All Vat In Pililia.
Young All Vat Is in trouble with the
United States authorities, and il is liza
bio 20 cost him some time, money and
trouble 10 get out. He was arrested
yesterday ON warrant sworn 10 by
Collector of Internal Revenue Drake
q charging him with having violated tbs
p internal revenue regulations through
, some irregularities in his handling and
sale " cigars, lie had hearing be
fore Commissioner George A, Davis
yesterday afternoon and wac released
{ on flO0 bond
Court Notes.
Taxi oya, japanese woman. hai
! filed suit ln tho eruii enurl fol
divorce from her husband Rlehlso Oya
nn tho grounds " desefiion uRd failun
7 a. provide.
\ fall hst hesn brought w The Circuit
I rnnn ~ fag Assessor Charles q
: ~ lldef ngulppi :, a lllmAn ~ flp16.
, ~, alleged ~ hp duo oa hHsk iakeg
} fhe aptrpfpI cleo 0HHis AZ ppf peal
lfnHlly, rgplhel alll lAielesl ana AZ
lfelllflpf fefis