The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-12-04
THE
the KEYSTONE SALOON CASE.


AS announced in our last issue,
Judge Dole has filed his decision in
the keystone Saloon case. This is
the second decision relating to that
case, but in no way conflicts with
the first, as some people seem to
think. The first decision was on
demurrer. A writ of mandamus
was issued requiring the Minister of
Interior to issue license to the
Keystone Saloon or show cause why
he should not do so. TO this the
Minister demurred. Judge Dole
overruled the demurrer, and re-
quired the defendant to obey the
alternative writ, that is, to show
cause why the license should not be
granted. AS to whether or not the
Minister possessed the discretionary
power to withhold a license in this
particular instance was not the
point. The Judge said, ''lt is
unnecessary for me that at this stage
of the proceedings, to decide,
whether or not the wording of the
statute gives the Minister discre-
ton in the granting of the license in
question" The point was whether
the Minister should or should not
show cause for refusing the license,
and the Court decided that he
should. This is how we understand
the matter. The Judge reached
this decision because he believed i
to be based upon sound legal princi
pies. There was talk at the time
that the Minister'S demurrer wa
bound to be upheld, because :
liquor license was concerned. w,
took occasion to comment briefly o
the decision, averring that the Judg
was not controlled by private SYN
pathies or convictions, as was sal
he would be, but by what he deem
ed TO be the requirements of law
There was nothing premature i
such comments.
The second stage of the case in
volved the showing of cause. Th
Minister gave as reasons for nc
granting the license, that the pre-
misses are on the corner of two priI
ciple streets much frequented b
women and children; that the built
ing projects beyond the general liI
of one Of the streets and its dool
open directly on the sidewalks; th'
the other business interests of I'll
locality have suffered from the co
tigulty of this saloon, and, togeth
with the women and children visi
ing those streets, are entitled TO Il
Minister'S discretion in protectiI
them from such an establishment
that point; that there is anoth
saloon in the same block, within p
feet, and several other salool
within the radius of 700 feet; th
petition had been received again
granting the license, from many
the property holders in the vicinit
and other residents; and that cor
plants had been made against ii
= saloon on account of drunken me
causing noise in the neighborhoo'
especially when warships are in por
The Minister having shown caus
and the Court holding that the Nil
lister is left discretion in grantir
licenses, although only on behalf
clear public interests or the superi'
rights of third parties, the JudG
decides that the Minister had exc
cised real discretion in the matt
this is, that his refusal to grant
license was based upon publ
grounds which he had a right
consider as an executive ofiic
sworn to execute the law; al
therefore dismissed the complai
against granting the license. I'll
is the termination of the seco
stage of the case, and is in perf'
oonaisfanox, with fha Arst dacisif