Kalaeokekoi v. Wailuku Sugar Co.

DISSENTING OPINION OP

BADLOU, J.

The construction of the statutes involved in this ease appears to me to raise the familiar' question as to how far the court should depart from the ordinary and natural meaning of the language used by the legislature in order to avoid a result which it believes to be so mischievous in consequences as to raise a presumption that, in spite of the plain import of the words, it could not have been within the legislative intent.

The exact question is whether. R. L. Sec. 1649, providing that the power and jurisdiction of circuit courts shall be limited so that actions…