The Hawaiian gazette., 1871-02-22

This provision Is undoubtedly within the spirit
Of the laws which have been recognized as valid
10 States where the Constitutional provisions and
Statutes bearing on this question are analogous
to our own.
All Courts agree that the construction of the
Constitution, by the Legislature. as given in their
Acts, ought to have great weight, aud not to be
ogerruled unless HaUifestiy erroneous.
10 the case OF Soper vs. Harvard College. the
Court says that the statute prohibiting iunhoIders
and others from giving credit to the under
graduates Of either Of the colleges in Massachu-
setts Is constitutional This statute iuffcts a
penalty for giving credit to this class Of persons
The promise Of an infant is void except for
uecessaries, yet people will often give credit to
them, and as the Court say. minister to their
pleasures and dissipation, relying upon the honor
Of inge1uo1s young men to discharge debts 50
incurred. that the wholesome intention Of the
common la~ Is evaied, and youth are exposed to
temptations which It ls dificult for them to re-
sis,-- The debt is not only void, but a penalty
Is iacurred-
II the case Of the Commonwealth vs Capp.
) Gray, ss, the Court say that statute which
provides for the punishment Of anlaEfui sales Of
intoxicating liquors BY fine and imprisonment.
does not couHict with the Constitution Of the
United States nor with the First and Tenth Art
ieles Of the Declaration Of Rights nor as being
unreasonable. nor as imposing excessive fines, or
iuaicting cruel and unusual paaishments. contrary
- 81 T-s-.- ==v+E - = - T,--r---.---
Rights. Commonwealth vs Hu,chius, ) Gray.
4S2- So far a. the provisions of the Constitution
Of this Kingdom are concerned, the sane priuei-
pie Of construction would apply. This Court has
made similar decison N the statute prohibiting
the sale Of liquor to HaEaiiaus-
L has been truly said By an eminent American
statesman. That it Is question not yet satis-
faetorily settled. how far and in what zsy the
laE Of the land can be applied to remedy TIE
tremendous evils arising from iutemperance.
And this Is one Of the wise provisions Ebich pro-
tects man when be has lost his selfcoutrOI- and
iniglgss to a. excess even to drunkenness. 1t
Is gave ofsnse il morals to seI to one in this
condition; still Il Is done and all the protection
that ezu be thrown around the unfortunate slave
Of this appetite, it the duty Of the Legislature
to DO Society has great faults which are visited
on these unfortunate victims
The iass of this Kingdom are as liberal on the
Subject Of the license to sell into1ieating Iiouors
as they car Be made, consistently with the safety
q the eommHnify- In many countries the sale
Ii prohibited OF under very severe restrictions
10 The case Of Waian vs- kirby. ss Mas, the
Court sustain the provision Of law to recover
back raouey paid on settlement Of mutual ac-
eounts- The syliabas Of the case IA as folIoss.
II purchaser Of intoxicating liquors, sold in
violation Of IaH. IN settling mutual aceosnts With
the seller, credit him sith the pTiee thereof and
rsceiEing from him payment Of the balance found
due after sneh an allowances. giving hin receipt
IN fall settlement Of the account, such payment
and receipt DO not have the eject Of an accord
and satisfaction to bar an action to recoys. the
amount 80 credited
The counsel has not made the usuaIIy received
legal Distinction between law which regulates
tie sale Of intoxicating liquors and that zhieh
prohibits il No ssrioas question Of Coustitu-
Li0aal laS has been made in regard 70 the former.
The counsel further contend that It i case
1f mutual credit Tie clzin Of the plaintiff vas ]