The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-07-17
The Legislative Committee, Cham.
Der OF Commerce, and Auction
Law


Commerce to restrict the rights of the Auction
eers Of Oahu, says
e. Your Committee are also Of opinion that it
is contrary to the spirit Of Constitutional liberty
to enact laws restricting the trade privileges Of
any individual or class Of individuals No laws Of
this nature exis. IN this Kingdom"
" Trade privileges" l suppose to mean the
right to buy and TO sell and they are as applicable
to selling as to buying BY these privileges, I'M
( partially applied, any person can buy what and
when and where he pleases, and he can sell the
same, This is trade privilege" to abridre
/ which Is contrary to the spirit OF constitutional
liberty" and there are no laws Of this nature in
this Kingdom Well considering that for every
seller there must be a buyer Of just equal amount,
and that the natural rights OF both are equal, it
I would seem as though any law woud be partial
one which does not treat both parties alike. but
/ I would Ike to inquire whether the law here will
allow the merchants to sell their goods at auction
/ If that is the way they wish to sell them. as it
does the auCtioneers-by paying one per cent
into the Treasury, they do, or are they
compelled TO employ the aucuoneers and pay
them tribute for doing this work which they
can do as well themselves, aud which they per
haps wish TO DO for themselves. l Judge that the
Hon. Committee sees nothing contrary to the
spirit Of constitutional rights" 10 establishing
monopoly Of the auction business, and compelling
the hundred business men 10 pay tribute TO two
OF their number in everything that choice or ne
cessity would lead or require them to sell at auc-
ton. 1t would be contrary to the spirit of con.
sttuuoual liberty to restrict the trade privileges"
Of two men, but il is not contrary TO il to limit
the privileges Of ten thousand and compel them
TO pay tribute TO the two holding the monopoly
5g 'g'e OF selling at auction And yet the Com
mittee say there is no law restricting trade priyi-
legos, and granting the prayer Of the Chamber Of
Commerce for certain restrictions upon two auc-
tioueers would be an enohroachment upon their
constitutional rights
Now, Mr.. Editor, believe that no law is right,
anywhere, which is partial and does not deal
alike by all citizens or subjects. lit would have
been contrary to constitutional rights 10 restrict
the trade privileges OF two men, how much more
so to restrict the same privileges Of ten thousand
which de 'air d7aS the declaration Of the Com
mittee that there is no such law Notwithstanding.
The two aucti0neers are allowed by law to sell at
auction, while all the other men Of Oahu are not
partaliiy most uniustifabIe and il doctrine of
the Committee be true, fragrant breach of the
trading rights Of the many for the benefit Of the
tr5 Nor is the Treasury benefited probably by
this discrimination, for did not law deprive the
many Of their constitutional trade privileges"
no doubt many man would try his goods at auc.
ton occasionally who is unwilling to pay the con
tribution levied by the law in favor of the auc.
toneers, and every such trial would yield one per
cent to the Treasury which it does not now re-
ceiye. Thus far have dealt with the report.
think to most persons its statement of facts will
not appear true. There Is lac fl4r0riaq he fs,r
and discriminating against he manu. II their
doctrine is true j, violates the rights Of the many.
But believe that Governments have a right
to restrict the NATURAL rights of individuals when
an evident public good demands it. Every quar-.
artine restricts personal rights. The Government
represents the whole people. and must seek the
public good even though it sometimes iuterlsrgs
with private rights Diplomatic officers generally
cannot enter into trade. The whole people whom
they represent approve of the restriction; public /
good requires it, and no right is violated. They
are at liberty to refuse to act it they choose to
do SO, but they generally prefer the position with
its restriction of certain rights, to the liberty
which they would have for the exercise OF those
rights without the restriction
The cases az many and various where the pub
lie welfare imPeratively demands the restriction of
private rights, aud the authorities are wanting
in their duty If such restrictions are not en-,
forced; and l cannot see that the Chamber of .
Commerce themselves are restricted by the .
present law. and who in this matter represent the
whole community subject to the restrictions of .
the Law except the auctioneers.-in asking that .
certain restrictions might be imposed upon the .
latter in the sale Of general merchandise aud .
SpirHagsS liquors, asked anything which they .
ought not to have asked, or which would be en-
croaching upon anyboiys constitutional rights
do not believe IN partial laws. The present
auctioneer law is one, as it stands. It comedies
valuable privileges to small class, which it denies
to a large class, and it makes the latter tributary
to the former l think that the prayer of the
many for the alteration Of this law should be
heard; that every man who chooses should be al
lowed to sell at auction by paying the Govern
ment dues, or else that the few should be re-
stricted in certain things, for which the already
restricted many have asked.
The prayer OF the Chamber Is reasonable and
no man who is dissatisfied with the restrictions
which would be imposed will be any more obliged
to accept the appointment than Is the diplomatist
to accept his. The restrictions asked for would
not apply to real estate, household furniture.
ships, or anything excepting general merchandise
and sPirituous iqa5rs-and if this Is not definite
enough it can be made more so.
Yours in the interests OF
COMMERCE.