The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-02-16
THE PACIFIC
Commercial Advertiser.
THERSDAY EER- q

45I-1-- y-F taxing W I14I l-Eil-L u -Ar L--L+-
t=r-l dispatches relating % the auerioner
Iic-ns- which vs. refused u Ilr. Waterhouse
- this topic enbraes . principle which ma,
b REGARDED - involving one Of the iuaerzu
rights y = government, w- pr5rO@ % look int,
Il IL aPFsrs that Mr.. Wlterh,use. soon ate,
the p1z4E=0f the Civil Code, which provided III
TIE appointment q thr- auctiJneer= fJr thi
island applied . tie government fyr 81 auction.
e=E's license. We quote h- o~n account q Ii.
application. - found in his letter Of FEB. o. .
the British Consul
T. r1--=.z Z, y agP-z-l17 = = e1=, -5szs-
s=c ~ 1erk a -a-z--r pz- q Nzg- q cary = J-1=. -El
"a. paoI e r-o5-5 in ~ 15se 4 - Minister e,ga= Iz-e-l-
= -. - -..E.- -
-1Hr1=- -i-= 49, IL trs- apTlz-1-- E--y 10 Az--st .
I -. ~ p-Ele -1-1 Ave p az - -5Ts--u--t * = -
pzr e--: A.. 1-sses-.,lv 80 49, s-v -. 7,
49, rsP---t % t-= F-l-r s-r---s "a: ! VOID ~ . abe %
1D-4-1 ~ lr-a-- a. I "a II - H4=zazu szs~-. <zl--i
sr ~ reply p ~ --,s=s. several --s- aE1- Hed=uu-e4 %
800 -Ar- -7---- a : go 1--rS u p7=--ri on IL
- as'er t--== E1I-as l=zy fra 81 tin = spp-c4a0- H.
a. @4ay : - prsg4=s Or Ihl. q ~ ru=- ssaTe-.a-
-c- sa--1 - -s-r= . - ~ ~ ro1a z I'D .. in us
pr ann 5s-== 81 z---11 Tax zHl rods required y
IL =. Hs z=s-7=.s.l- a. a. these =-aaen=a IA: applied
ar Eys-t ard re=s-i -ler lee-ses. as a zz-sr Z s5a7=J
=er= Ea-z-zI s-t.ec-sT
I, fully understand the subject, it should be
added that the. applicant Is q British subject,
never having taken the oath Of allegiance 70 this
government, but has resided here some nine or
ten years, and during al that time been actively
engaged in mercantile pursuits. and owns largely
IN real estate; in short, Is identified with the
and prosperityo Of the port.
Whether the government has acted hOEOrably
with Mr.. Waterhouse in refusing to grant his
application simply on the ground Of such license
- having been promised" u some one else at the
time his application was replied %, remains an
open question, but unless better evidence can b.
adduced than has been, it l. liable 70 censure for
r=sJTring y dishOnorable subterfuge 70 defeat his
application. Passing by this point, for the pres
ent, which may again be called up for discussion
let u examine the position which the ministers
assume in regard to licensing an alien. Mr..
Gregg, in his letter Of 18th January 70 Mr.. Wyl-
lie, says
-Ieaanot oapoed= rat there Is in tie Civil Code any pro
Nr Ws,erL0ase desired al aGe;lonser's Heense. but eould not
r-.i-at. 10. a. ! IN iaf,razL be-zIs- the fsl Ezra5-r = 1ac-
ia ioe1ss fE Oahu had ben ether promised Of aIr--ly
p1oAe poley, / al ot-srys tai IN ~ optn-2a- IL en f2aat
seog7d articles q the British and French Treaties. Would he
maintain The nzI: . oEu and sail merchant vessels under the
$50 - - : :. - h -. -. IN ,- c@- -
- ], r, = = - - - - tn ~ - s5- - ~ ',mT I,a
clearly oiherEise- In most countries. it has been thought ne-
cessary to sabject auctioneers 70 speiaI Ic-nse, and place them
under he Surveillance Of the pouee Authorities. They are. pro-
peJiy .F5 5aa1-i p n. s:ssfT ,Ts me-, eE-s,', ab TJ.s .sisT . sE 10 S aI =.
against improper Influences and Combinations"
On this subject, Mr.. WylIie says
50 also in regard to auetoae-r. they are neither wholesale
AraeIes q ihe British ard Frelsh Treaties a British LAWYER q
high authority characterize Auctolesr az mere agents #
10Th parties. and m Their character If agents far the eel
isTs. rePoHsitis 10 ta'1 far any rmgroPTiefy, iHfiseIsfI0H
Jroz the e<eise rensrable On me mn Iuy. In common
h1cti91eers Of u. Pf.zZa. c5y-nt GarIen. Or the Messr.. vic
stanleys, q P@t~rnoster Row. would name them - merchants
spOu-Dlliies q auctoneers are in al Countries 80 peculiar that
Urn q cas- ~ .h-mss..s., g'TsF97d ne ne Io-9s -
q International treaties. Therefore, none q the Kings foreign
therein named. an not avar= that BY British law any alien
could obtain a license as an sucti0Heer, nor, during Hy residence
wards, can l call 70 mind one alien who acted a : such The
freedom Of commerce provided IN the u Article q the treaties
r - ySd rstT = 1it 70 : y ,kk b 2 asii III H. STU 10 III
The main point on which both Ministers rest
their case i this, as we understand it: this
Government has the night TO establish that none
but Halcqiian subjects shall enjoy the privilege of
on the auctioneer's business-in other
words, maintaining the right Of this Government
to restrict by legislation a branch Of business to
l certain class. Passing by the question whether
he text Of the British Treaty tor5ids the appli-
to British subjects of the principle esta-
1AA0AN- III III -NAgA 10" ~ @'I-~ ~ NH~
main question, which involves a principle Of
ONE Importance, and that Is the right Of any
10 restrict the pursuit Of any branch
f industry To It's own citizens or subjects, 10
he exclusion of aliens. We believe that this
light Is claimed and exercised by nearly every
latIon. In the United States. separate States
ven, Gas New Jersey,) have laws that none
ut their oTH ati=ens shall enjoy the right 10
--... ~. -. G-G.--l .Ls-~..-- -
lso exi=, in England and France restricting FISH,
ries 70 their own subjects to the absolute exclu-
ion Of aliens. There can be no doubt that the
ight is claimed and exercised by other nations,
nd if -, then this Government has the pefe4
ight TO enact that none but Hawaiian subjects
nall be permitted 10 carry On the auction bust
or 10 practice as lawyers and attorneys in
IT courts, the Civil Code also making this latter
On this subject, therefore, we must
Istain the position in which this Government is
laced, and maintain its right to legislate for a .
by restricting any business to one class, :
heaerr Suoh legislation may result IN promoting :
. public interests ar The urefare IF any portion !
: ais s1bJecGs. -
Let u now glance back and see what were the .
ntiments IF Mr.. Gregg twelve months ago, when ..
scussing this same principle Of restricting a :,
-anch Of business by special legislation. Our =
aders viii remember that the object then was, :.
throw open the liquor traffic to all. At that a
me, the Minister'S sentiments were directly the :
rerse Of what they now appear % BE-. TheH he q
that it was gross Injustice for the -.
yernnent to legislate fer a c..- it was I'M :
institutional, and that il hal -ht . 10 20. -
e quote the PoiyHaslaH's Re. =, what Mr.. !
then maintained, the discussion being on d,
. provision adopted by ~" Lower House, that >
e sale Of liquor should p. -...-icted - at pres :
I by and to foreigners only M
Mr. G-gg opposed the amendment q the House On c0ns'i- ,
i1naI grounds T. prupas-I a species q cass legislation. ~ " i
ast.t.nf WITH tte p~rIneipIst WON lrhIch NJ ttoIsrnn.nt II