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HONOLULU RAPID TRANSIT CO. v. WILDER

No. 5763.

36 F.2d 159 (1929)

HONOLULU RAPID TRANSIT CO., Limited, v. WILDER, Tax Assessor.

Circuit Court of Appeals, Ninth Circuit.

November 25, 1929.

Attorney(s) appearing for the Case

A. G. M. Robertson, A. L. Castle, W. A. Greenwell, A. Withington, and J. Garner Anthony, all of Honolulu, Hawaii, for appellant.

H. R. Hewitt, Atty. Gen., and C. Nils Tavares, Deputy Atty. Gen., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

Section 12 of the franchise of the Honolulu Rapid Transit Company, Limited, as originally enacted, provided as follows: "The company shall, during the month of January of each year, pay to the City and County of Honolulu two and one-half per cent (2½%) of its gross income from its railway during the preceding calendar year." Act 186, Session Laws of Hawaii 1921. In 1925 this section was amended by adding thereto the following proviso: ...

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