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McCAW AND KEATING v. MOORE

No. 2881.

39 Haw. 157 (1951)

J. ELROY McCAW AND JOHN D. KEATING v. WILLSON C. MOORE, AS JUDGE OF THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided November 2, 1951.

Attorney(s) appearing for the Case

D.N. Ingman and K.E. Davis (D.N. Ingman on the briefs) for petitioners.

R.V. Lewis, Deputy Attorney General (also on the brief) for respondents.

TOWSE, C.J., LE BARON, J., AND CIRCUIT JUDGE WIIG IN PLACE OF STAINBACK, J., DISQUALIFIED.

OPINION OF THE COURT BY LE BARON, J.

The petitioners brought an action in the circuit court of the Territory against the tax commissioner of the Territory to recover excise taxes paid under protest. They predicate that action on the ground that the pertinent territorial tax statute (R.L.H. 1945, § 5455-D) is unconstitutional. The action is at issue in the circuit court on the tax commissioner's answer and counterclaim...

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