The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-08-11
VESED PROBLEM
FOR JUSTICES
SUPREME COURT Is TO DECIDE
MERCHANDISE LICENSE
QUESTION.

The vexed problem Of the payment
Of the merchandise license refunds was
formally put up to the SUPREME court
yesterday morning by Acknowledgement
Alexander Lindsay. Jr, He caused to
be filed with Clerk J. A. Thompson
statement Of agreed facts upon which
the problem is submitted to the JUS
tices for their opinion.
At the last session of the legislature
$4,000 was appropriated for the re-
payment of merchandise license fees
Governor Frear vetoed the bill, but it
was passed over his veto. @. E.
Smithies, acting for a number of the
claimants, presented Treasurer Conk-
hing with demands for repayment of
nearly $4,000. Then two other sets of
claimants PUT in an appearance aud
the combined totals aggregated over
100000. With only $4,000 to pay out
and claims amounting TO thrice that
sum, Treasurer Conkling decided that
it was up to the claimants to get a
court opinion as to how the money
should be disbursed The matter was
taken up with the attorney general and
resulted in the submission of agreed
facts to the supreme court.
First in the Field.
The statement declares that G.. E.
Smithies, plaintiff, and Treasurer d. L..
Conkling, defendant, nave agreed upon
case containing the facts upon which
controversy depends and submit the
same to the supreme court justices. Be.
tween June "A, 1900, and January 26.
1901, about 100 persons, firms and cor.
porations paid to the treasurer total
of $lS,93S.7S for the purpose of obtain
ing merchandise licenses for one wear.
That pursuant to the provisions of
Act l43, of last session, which appro-
priated $4,000 from the general reve-
nue. for the purpose of paying back
the amounts collected as license tax.
plaintiff, as assignee of the claimants
! for $lS.93S7S. presented TO Treasurer
C0nkling detailed statements. verified
by oath, of the amounts paid by each.
Smithies presented these statements
prior to June 20 last.
Other Claimants.
That snndry other persons have pre-.
sented to the treasurer claims for
$s677.47 paid by them between June
IA, 1900, and January &c, 1901, such
claims having been fled between June
20 and July l.
That other persons, firms and corpo-
rations filed after June 20 and prior
to july l, demands aggregating $25.-
1910 as repayment of licenses paid
| by them prior to June IA, 1900. to the
F! then minister of the interior.
As the legislature only appropriated
$4,000, and as the claims amount TO
three times that sum, or $63, OS3. 5j. the
question at issue between G. r.. Smith
les and Treasurer Conkling. what the
supreme court is asked to decide. lis
whether, under the provisions of said
Act l43 of the session laws of 1911
defendant should pay plaintiff the
amount of $lS.93S.7S at all. in full oil
IN part; and If in part, what proper
tion?n
AlhuhS Tue Claimants are I'll. Hack
field & Co, Ltd, $30lS66; f. o. Hal
& Son, Ltd, Sl264,32; Castle & Cooke
Ltd, $24l1.96; Henry May & Co.. Ltd.
$9S5.76; LYMAN Bros. $644.O6; the Vor
Hamm Young Company. Ltd, $59S. 60
{. p. Hofgaard 6 Co.. Ltd. of Kauai
$3.50; McChesney & Sons. $4,000.
Thompson. Wilder. Watson & Lymel
and A. L. @. Atkinson represent tn,
parties.