The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-12-02
FISHERMEN GET
A SEVERE BLOW
Supreme Court Holds That Their
Method of Selling Fish Con-
stitutes Auction.

(
day, the supreme court upholds tn,
constitutionality of the auction law
Section 1343 of the Revised Statutes
requiring the payment of an auction Ii
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
dissenting opinion is rendered.
The matter came before the supreme
court on the appeal of the Hawaiian
Fisheries, Ltd, japanese corporation.
from 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, aud contended that
their manner of disposing of their
catch does not constitute an auction,
The ease 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 fshmarket. where
1t is offered in basket lots, each basket
containing from seventy to one hun
bred pounds, and sold to the retail
dealers at the fshmarket who bid high
est for it.
The supreme court holds that the
fact that the fish is sold on competi-
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 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 constitutionalitv 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
til, opinion of the majority ruGes-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 d.
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 Koua, Hawaii The
circuit court, jury waived, found for
the splaintiff. The defendants appealed,
but the supreme court holds that there
was evidence to sustain the findings of
fact and refuses to set aside the iudg-
ment.
All Vat in Pilikia.
Young All Vat is in trouble with the
United States authorities. and it is LA
BILE to cost him some time. money and
trouble to get out. He was arrested
Yesterday on a warrant sworn to by
Collector of Internal Revenue Drake
charging him with having violated the
internal revenue regulations through
some irregularities in his handling and
sale of cigars. He had a hearing be-
fore Commissioner George A. Davis
yesterday afternoon and was released
on $500 bond.
Court Notes.
Taxi Ova. a japanese woman, has
fled suit in the circuit court for
divorce from her husband Kichiz0 Oya.
on the grounds of desertion and failure
to provide.
Suit has been brought in the circuit
court by Tax Assessor Charles +.
Wilder against !. A. Gilman for $l976.-
-. alleged to be due on pack taxes.
The assessor also wants 10 per cent
penalty, together with interest and ad-
vertising costs.
p. Maurice Mcmahon, poet and short
hand writer. is now the duly qualified
and installed stenographer of Judge