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 So For
Speeding His Auto
Despite the arguments Of Attornel

Despite the arguments of Attorney
J. B. Aghtfoot, Prince Kuhio was
fined IS and costs this morning m 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
upeed limit in Moanalua Gardens. s.
nj 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-
Dilists arrested Saturday night by Of
ficers Ferrey and Chiffon like PEN
atty was imposed. Those who paid
fines were: John Grace, Charles
Lund, L. Achiu, Paul Bompke, Ed
Pomeroy, H. G. 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
and also q witness.
= City Attorney Brown told the court
while trying the Grace case that he
believed the Moanalpa Park district
WAS developed and settled. and could
not bc called q ssparsely settled dis
lrict and hence under the law. which
provides that 20 miles is the limit
except in -sphrsely settled Districts
the driver, who admitted he was going
Is miles an hour, was guilty. Judge
Monsarrat agreed with him.
eobofdinates Disagree.
Assistant City Attorney Chilling
worth and Garden difter with their
superior, and think the road referred
to Is IN q sparsely settled district and
that Is miles Is the proper limit.
brown admitted that the Jaw Is not
definite but said this could not be
helped, and that II 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 a. long as the law is so indefi-
mite, II is not properly law at all.
who is to decide what Is q sparse
~ settled district he asked "A dri-
yer passing along a road may, using
HIS best judgment. decide that it is
sparsely settled, and drive Is miles an
hour; an officer on the road may think
Il is q settled district and arrest him.
the prosecuting attorney may think
one way and the Judge another As
long as the places where q driver may,
70 90 miles or Is miles an hour are
not better defined than this. submit
It is not justice to punish the drivers" I,
Ilghtfoot said the officers had
picked out a place on q down grade
for the purpose Of taking an unfair
advantage of drivers, and added: 1T
Is put UP game on the part OF the
officers and as long as they viii take
an unfair advantage such as this, I
think they also will fake the time to
get convictions"
ChiIlingworth defended the officers.
who, ne said. he thought were doing
their duty and doing it fairly.
Bound ~ 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 q 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
4 final settlement OF the issues In
Volved.
Undoubtedly. the trouble has just
begun. In order to 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 different point
every night. and a bag OF autoists can
be expected each morning Last night