Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-11-30
FINDS MOANALUA
GARDENS TRACT
WELL BUILT UP
Judge Monsarat Accordingly
Fines Prince Kuhio SIS For
Speeding His Auto

Despite the arguments of Attorney
J, b. Lightfoot, Prince kuhio was
fined IS and costs this morning N the
police court for speeding, and with
the decision was settled, so far as the
lower court is concerned, the fact
that 20 miles per hour is the
speed limit in Moanalua Gardens, s.
M. Damon's estate, west of the stone
bridge, where the arrest was made.
Lightfoot announced that an appeal
would be taken to the circuit court.
On all of the other seven automo-
bilists arrested Saturday night by Of
ficers Ferrey and Chiffon a like pen
atty was imposed. Those who paid
fines were: John Grace, Charles
Lund, L. Achiu, Paul Bompke, Ed
Pomeroy, II. c. Moy, Lieut.. May and
the Prince.
Grace's case was taken up first, and
the issue was partly decided during
the trial Of this, the final settlement
coming in the case of the Prince. In
the latter case Charles f. Chilling
worth, who was in the auto with
Prince Kuhio, found himself in the
position Of both prosecuting attorney
ana also Witness.
City Attorney Brown told the court
while trying the Grace case that he
believed the Moanalua Park district
was developed and settled, and could
not be called a @sparsely settled dis
trict" and hence under the law, which
provides that 20 miles is the limit
except in "sparsely settled districts,
the driver, who admitted he was going
IS miles an hour, was guilty Judge
Monsarrat agreed with him.
Subordinates Disagree.
Assistant City Attorney Chilling
worth and Garden difter with their
superior, and think the road referred
to is in sparsely settled district and
that rs miles is the proper limit.
brown admitted that the Jaw is nos
definite but said this Uould not be
helped, and that it would be the duty
Of officers and the court to decide
what districts were sparsely settled.
In arguing Prince Kuhio's case, At
torney Lightfoot said substantially
that as long as the law is SO indefi-
mite, 1t is not properly law at all.
"Who is to decide what is sparse
Yer, passing along road may, using
his best judgment, decide that it is
sparsely settled, and drive 25 miles an
hour; an officer on the road may think
Il is settled district and arrest him:
the prosecuting attorney may think
one way and the judge another. As
long as the places where a driver may
go 20 miles or 25 miles an hour are
not better defined than this, submit
II is not justice to punish the drivers.
Lightfoot said the officers had
picked out a place on down grade
for the purpose of taking an unfaiF
advantage CT drivers, and added 1T
Is put up game on the part Of the
officers and as long as they will take
an unfair advantage such as this,
think they also will fake the time to
get convictions.
Chillingworth defended the officers,
who, he said, he though were doing
their duty and doing IL fairly.
Bound BY Ordinance.
Judge Monsarrat, in his decision,
said he was bound by the ordinance
and that he did, not think it was the
duty Of his court to render a decision
which would set aside the city ordi-
nance entirely. He stated he would
be glad to have one Of the cases go to
the supreme court, so there would be
final settlement of the issues in
volyed.
Undoubtedly, the trouble has Just
begun. In order 10 get positive deci-
sions as to what the speed limit is at
various points. so they may know
when and when not to make arrests.
the police are setting their traps al
all points, picking a different poin,
every night. and bag OF antoists can
be expected each morning Isst night