The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-10-05
THE PACIFIC
Commercial Advertiser
WEDNESDAY,. OCT. 1


In the Advertiser of a few days since, we noted
that a native named Kaikainaalii, had been fined
in the Police Court five dollars and costs for re-
fusing or Directing to pay to the clerk OF the
market n fee or tax for selling his produce at the
early morning convention at the corner OF Fort
and Hotel streets. The defendants younger
brother had sold three rails worth of eggs when
the deputy of the clerk of the market demanded
and received from him, six pence as a market fee
On a previous occasion the same man had sold
some poi to the amount of half a dollar, and had
been charged a rial out of it. The defendant, to
whom the articles belonged. had then instructed
him not to 10y it, and this time coming up re-
monstrated with the collector and perhaps made
some disturbance in doing it. The fine was laid
on the ground of his refusing to conform to the
regulations of a public market. If that place Is
sncb a ma-bnt A. r~-~It
served, but it is our opinion, expressed on former
occasions, that it does not come under that head,
and that to exact taxes from the traders who there
sell their produce is an act of misplaced authority.
The law of ''public markets is found in the new
Code in sections 1926. We have examined
it in vain to discover the new powers granted to
the Minister of the Interior. He is charged, I'M
der the direction of the king, with the designation
of suitable places to be used as public markets,
and with the construction, repair and regulation
of all such markets. He is to appoint a clerk,
who is to collect the market fees and fines, de-
signate to what uses the stalls and stands are to
be applied, lease the same by auction or other
wise, to have the market kept clean, and inspect
the weights and measures there in use. Every
day in the week, except Sunday, is to be public
market day, and the markets are to be open from
FIVE o'clock in the morning until seven in the
evening, and on Saturday till ten in the evening.
Such ii is the constitution of a public market. In
the first place it must be designated as such by
the Minister of the Interior under direction of the
King. Mr.. DudOit, the clerk of the Honolulu
market, stated that he had been instructed to
collect fees from the vendors at this place as in a
market. But this private instruction of the Min
lister to the clerk cannot, certainly, be the desig-
nation by the Minister, conformity with the King,
required by the statute. As a public act some
thing more is necessary. The market of Homo
lulu was designated by a published law of 1851.
We have seen no act OF proclamation establish
ing this locality as a market in the Government
Gazette, as the usage is with all other official pro-
ceedings.
Again, all the rules and regulations above cited
premise a quid pro quo, a consideration, to be
given by the government in return for the fees
exacted, of protection from encroachment, of con-
venient stalls and stands, or of a place to erect
such, and of all day long occupation of them. 1t
would be ridiculous to say that any benefits of
that kind are afforded by the government at the
corner of Fort and Hotel streets. The Chinese
and native gardeners assemble there at an early
hour in the morning before the general public
come out to business, except as household pro-
viders to meet with them at this place, conve-
nient to both parties. They squat snugly on the
edge with their baskets and calabashes
of vegetables, fruit, eggs and poultry, and by
breakfast time they have departed. They have
all-day privileges there. A carriage which
should drive upon their stations, we fancy would
not be ordered away by the clerk of the market.
If that place is such a market that fees may be
for occupation it is the duty of the
clerk by section 1913, from time to time to lease
the stalls and stands by auction or otherwise.
This has never been done, and it seems to us that
when he has given possession it will be soon
enough to charge rent, and when something more
than an unprotected scat in the gutter can be
soon enough to expect it. We do not
design to censure Mr.. Dudoit, who must obey his
superior and who doubtless executes his orders
with the s~uavity peculiar to his nation, but we
hold that the direction of the Minister is unau-
by law.
If it is more convenient for these wayside green
srocers to meet their up town customers fhere
han at the market on the wharf, it il an attenpt
@ c~onstrain trade from its natural course, and thc !
.ndeavor by this e~xaction to drive it to the public
market is unwise. If the sellers prefer the street
orner, surely they might be allowed it while
hey are not q nuisance to passes, BY. Many q
hem have not . stock in trade which will justify
hkins2 market station. Rhe ~ taefE