The Hawaiian gazette., 1871-02-01
MR EDrroR

Mr. EDITOR
In spite Of he pathetic appeal to " let me (bim)
be-. shall not do SO until | have nailed hat base
coin TO the counter; but. first, in order that 81
lence on my part may not be misconsirsed into
consent to the truth Of charge of mean iing"
at any man, or order Of men. l entirely repndate
it, feel the sincerest pity for any one who
gives way TO the degrading vice Of drunkenness,
and corresponding respect for the man who hav-
ing so fallen is able to conquer the passion, espe-
cialy do / honor him. who, knowing his own
proneness to overndulge, in order to free himself
from all danger, practices total abstinence.
Having said thus much. / do not hesitate to say
what intended to convey in my last communi-
cation, that the arguments which some people
imsgine, are the only proper mental food for Tenn
peance Societies. are not always Of absorbing in
terest as news to the general public. aud further,
that when they are employed as a cloak to cover
designs TO despOil the widow. or orphan Of his
rights, that they are intolerable, and that their
prostitution should be held up to public execra-
ton.
viii now proceed to finish the little operation
spoke of above. In the Commercial Advertiser
of the 18th inst. the following article appeared
as the leader of the day.
"A case came up in the Supreme Court In Banco,
on Monday last, which possesses considerable inter
est. involving as it does question to the eoDst
tutiOnality of statute law. The law in question
was approved January 10Th, 1865, and is entitled
IAN Act to prohibit the maintenance of suits for
h.. d.h II,
The first section reads as follows:
No suit brought for the recovery of any debt
contracted af;er the PRONUNCIATION of this Act, for
spiriinous liquors Sold or furnished TO any person.
BY any licensed retail dealer in such liquors shall be
maintained in any court of this Kingdom"
The case before the Court was one in which the
parties had had dealings together for considerable
length of time as landlord and tenant, and at the
death Of the latter and the settlement of his estate
the accounts showed balance against the landlord
for sundries furnished him by the tenant, who was
a licensed retail dealer in spirituous liquors The
former pleaded the above quoted statute in bar OF
the claim. We give in briefth arguments of eoun-
SELL
After the arguments the article is wound up
with the following sentence :" The Court, after
hearing the foregoing arguments, and the anihor-
tiles cited by counsel took the case under advise
ment'
now ask. is not this account presented as the
entire statement of the casa? Is it not intended
TO be 50 understood? Has it not been so under
stood? In fact, it is nothing like it; if there is
no suppression of truth, or suggestion of false
hood then it is downright Justification of the
whole matter; the plaintiff in this case was-not
the administrators CT the Estate-but, the land
lord OF the house. himself formerly retailer of
spirits; lie did NOT. as We are told above. plead
the above quoted statute in bar of the claim for
the balance of accounts against him, bCt he was 1
bold enough to institute the suit against the ex-
ecutOrs. in order to evade taking into accout any
part of the sum amounting to more than 81. 400
which be had received in payment ofthe rent teey,
in view of the above quoted law, kd1ing them 4
SeirsS proposed 10 abandon The balance due 5y 4
him TO the Estate.-and to compel them to pay
him SIl7. nearly. or quite double the amount of
which be had already received during the lifetime
of the person whose Estate was being admins
tered. / challenge contradiction.
1t remains only to say. that can congratulate
the proprietOrs of the Commercial Advertiser,
for the force of their arguments against an oppo-
nent. to no greater degree than for the sound
ness of their information on public matters, and
to assure them that their compliments are thor
Oughly appreciated, but will not be further
noticed.