The Hawaiian gazette., 1910-11-08
SEWER CASE is
FINALLY ARGUED
Supreme Court Is Now Deciding
on Laws VaIidity-Verdict
May Be Far Reaching.
tFFOm saturdays Advertisor.)

u ANAA saAANA11N AuNeTLlser.l
The case of Territory against Tue
Bun was argued yesterday in the su.
preme court and taken under advise.
ment. P. L. Weaver of Magoon and
Weaver arguing the case for the de.
PENDANT, and E, W. Sutton, deputy at
toTney-general, appearing for the plain.
The points involved are far reaching
IN their effect, if successfully maintain
ed by the defendant. The case is a
test brought to try the validity of the
many contracts which the superintend~
ent of public works has required all
sewer users to sign before he will al
low them to connect with the sewer.
The defendant, in 1901, signed AM
agreement to pay such rate for the use
OF the sewer as shall be fixed. He paid
the rates thereafter for year and a
half and after that refused to paw any.
thing further on the ground that the
rates charged were illegal and void,
and that the agreement which he sign.
ed, was made under compulsion of the
criminal statutes, which provided penal.
ties for not connecting with the sewer.
If Tue Bun succeeds in maintaining
his point the validity of the statute au.
thorizing the superintendent of public
works to charge a sewer rate for the
use of the sewer will be denied.
The defendant, who is one of many
such in the district court, has made the
point that the application which he !
With Al, sevrer Tsoo mo- 40 ,,,5or +Lraots |
from the board of health, that if he did
Iodging house ON Marnol,oa orS IIotaI |
street in HnnoInIu Ga cIai,ns tbat W.
yvanted 70 r,ot,a oassrooi an5 .i,at ~
knew bs would bo arIosted ;f ' ho aiS
NOT connect vritb +bo sayvar ~ oi,;',,s
tba+ Tho boor5 of booItt ra.'n1.tinns
cnmnaIlea him 70 connect rndsr boavv
fines and that tbereforo cha sr,r,amart
20 nov +ba sen,er rato 10 yo;d as oI.,;,,st
him
He claims also that bo 10 = +oxn,,,er
ond DC sncb hos naid for ebo e,,,itt,,o
tion of tbe sewer With otbars ,nd tIo+
tbarefore there 10 NO considnr,t;,r +ar
bic onroor,nnt 20 nov, a,vrate 10
CLAIMS tbot bo hos ,1roaJ,, naiI "a
o;on+ ,,nIass +bo Iar;sIot,,ro fi',,r,.,f+.,r
&c., Ie, ,,,lei7;. ~,
-,,oe;al a.s,aU,,,,o,,tF P"'
Tbo Tnrritor,, oioirns +bo+ bo r,odo
ooad contrast ana d. l. bonnJ he, hi. a..
S 5,I;oa +ion . ~ mo 'P
Anotbcr roin+ modo NV +bo i ,forJ,r+
!, tbot ba + NOT iiabIo - no, o,,ytI,,na
hooa"so La haS ma5o nv pes ",s nt,'l ~
nav ony rato and tba+ tSere is no -..I;S
p%y ' ,rbicb renniras hin, 70 INV nnS,
rate i''A 4Dii 60 nm " fN' "D'
Tho Tarr;torv claims +ho+ nm ,c+
nassed in ioo1 Save the northumberland
The mower 70 fix the rate FOR nsing saw.
ars ana makes tbe rate a lion IN tbal
nremisns connected With the sewer Tho
Safendant malses the noin+ tbat Ito
legislatnre can NOT delegotn tha mower
to mako tbe ratio If the assessment and
that the rate established by The sinner,
intepdent il not valid Therefore tbe
sewer rates are NOT valid CHARGE
against him outside of +be claim made
bS tbo Territory an Tho written onnIi.
c3+ion which he mad in 1e0I
Tho dafendont also saws that the roto
40 t,r,,to5 20 ~ oborge1 is IN tba no.
49, af sracioI ossSssmSrt bacanse
~ a++om,,ts ~ mako Tho sewarl,,ser con.
noc+ yr;tb +bo sewer wbetber he wish
49, ''' w. -