The Hawaiian gazette., 1888-12-11
THE KEYSTONE LICENSE.

hIandamus 10 Issue License to the Key
stone saloon Rerused-D Decision by
- Judge Dole Gives the Minister Dis
erection.
Judge Dole on Sd inst. filed second
decision in the keystone Saloon license
matter. His former decision over-ruled
the demurrer OF the respondent, the Min
lister OF the Interior, 10 the alternative
order to issue the license or show cause
why he should not do SO. William r.
Chiffon and Henry Bradley, petitioners
for the writ, had alleged that they were
owners or tenants in common OF the Kew
stone premises; that from Aug. %, 1873,
till Mar. u, 1855, these premises were
continuously used for retail liquor selling.
under licenses from the Minister OF the
Interior that during the whole OF that
time the premises were owned by one or
both OF the plaintiffs; that over $4,000
had been spent in fitting the place up as
/. 2 saloon; that a license had been again
applied Tor with fee rendered, % but that
such application has been refused solely
on the ground that the respondent has
decided to issue no more such licenses in
Honolulu" and that by such refusal
plaintiffs are denied their legal rights,
etc.
To the alternative order the Minister,
respondent, filed his answer. DENYING
that his sole reason for refusing the Il
cense had been his decision TO issue no
more such licenses. He gives as reasons
for such refusal that the premises are on
the corner Of two CT the principal streets,
which on account OF having the principal
dry goods stores are much freQuented by
ladies and children; that the building
projects beyond the general line OF Fort
street and its doors open directly on the
sidewalks; that the other business in
terests OF the locality have suffered from
the c0ntiguity OF this saloon and, to-
gether with the ladies and children
frequenting those streets, are entitled
to the use OF the Minister'S discre-
ton in protecting them from sucn an
establishment at that point; that there
is another saloon in the same block,
within $50 feet, and several other
saloons within radius OF 700 feet; that
a petition had been received against
granting the license, from many OF the
property holders in the vicinity and
other residents, and so on. Evidence
had, moreover, been given showing that
complaints had been frequent against
this saloon on account OF its locality, and
from being rendered noisy by drunken
men particularly when warships are in
port.
The Court in taking the case up be-
gins with the question as to the discre-
ton OF the Minister OF the Interior.
From the wording OF the statute, viz,
The Minister of the Interior shall have
the power to grant licenses to retail
spirituous liquors, etc, Judge Dole rea-
sons that the Minister is left discretion,
but only on behalf OF clear public inter
ests or the superior rights OF third
parties. He concludes thus:
" Having decided that the law gives
the Minister OF the Interior 4 discretion
in the matter, it is not for the Court to
pass upon the sufficiency OF the reasons
OF the respondent for refusing the license
in question, further than to ascertain
whether he exercised a real discretion
in the matter-that IS, conclusion
based upon public grounds which he
had 4 right to consider rs an executive
officer sworn to execute the law, or
whether he acted arbitrarily, from
caprice or prejudice, and ! consider an
officer under the circumstances may act
from lofty public motives and still be
outside of his discretion, as, for instance,
If he should refuse such \ license be-
cause he believed all traffic in liquor to
be injurious to the public. The grounds
upon which the respondent claims to
have acted have been stated above, and
l consider that there are among them
reasons which may properly appeal to
the official discretion Of the respondent. |
The complaint is therefore dismissed |
with costs"
A. s. Hartwell for the plaintiff; At
torney-General c. ". Ashford for the |
respondent.