The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-02-12
Supreme Court of the Hawaiis Isl
ands. In Banco.
THE KING " LAr Kiu.

rEacEu yUoD ( J.. M'cClIN, D., rRsSroN, ;.
EICSEEroS J. ANSD DoliE- =
0s,nioF or The Co'r~t pc- [sJdd, {. !.
The Legislature Of 1S>S passed the
following statute;
An AcJ 70 Regulate the Keeping OF
Books 81 Account by Wholesale and
Retail Licensees.
WHEREAS, bv reason Of the failure
II rradeSmen and others to keep at,-
counts in the English. Hawaiian or
some European language, many
frauds have been p6rpeJr8ted; and
WHEREAS. in o0ier 70 prevent the
future Preparation OF such frauds, II
l. necessary that the accounts Of ali
persons holding wholesale and Uetail
licenses should Be kept in full and in
the English. Hawaiian Or some Emo
pcan language. BOW, therefore,
bet enacted 6r ths H5Eg URJi ,l.s leg
is,I-larE af The Hu-JijGH hFgGoT &;
Section /. That from and after the
rrst Gay o. October next, no wholesale
or retail license shall be granted 70
any paHap except upOn the eNpreS>
condition IlSI such license shall. NJ
all times Keep full, true and correct
books Of account OF al business tram
sseta6 bv him i'm connection with
such licensed business. which books
Of sccouut Shalrbe kept IN the ing
liSh, Hawaiian or some European
language
section : The Minister Of the In
terror. or his duly authorized repre-
sentative. or the Marshal, or any ot
his deputies. or any sheriff or Deputy
Sheriff, may ~ any reasonable time
during business hours. examine the
hooks Of such Ee5n>ee. sufficiently 10
ascertain whether or not he l. COM
plviuE with such conditions
Section 8. ANY person who shall
naseive s license under the conditions
aforesaid. and who shall violate OF
fsil 70 comply Herewith. shall be
guilty q a ml>ieuleaROr. and upon
conviction thereof shall be nne1 nor
les than twenty-five nor mo0e than
tive hundred dollars for each orfen>e,
aud his license shall be forthwith can
celled.
Seetion This Act shall become q
law from and after the inst day of
October next
on the second day Of October, the
aext day sitter this law went into
effect. the Defendant, Chluaman,
auultei 10 tie Minister ot the Interior
Tor 4 license TO sell goods az retail.
he was told that the only one thar
could be issued Go him WAS one that
should contain 1. condition provided Tor
blythe statute. atha- the Licensees shall
81 all times Keep full. true and correct
~. Cd.
Sae1ei uv them IN connection with
such licensed business, which COOKS
Of aecounr shall he kept in the ing
,iSh. Hawaiian or some EUro2e1u
Language" He accepted cli> license .
under protest. On the lLth Oc-obe-
he vas arrested or q W&E2nt chang .
Inc him with 3 violation q the Act .
ir question in not keeping his books
os sccouRr in the Hawaiian. English .
OF some European language aud WAS .
convicted therefor the next day IN .
The Police Court OF Honolulu nom .
which he appealed 10 this Co--t IN .
t.Tsc1. on the following points q law .
That the Act under which said de
feriant ! held, entitled An ACT 70 .
Regulate the Keeping u Books q F.
Account bv Wholesale GIu Retail .
Licensees, passed August I'D. lS>>, i
contrary 70 the Constitution Of the
Hawaiian Kingdom. iu -L2t
l. Ii i legislation against one
certain C,GSS o. subjects IN this king
dom. te-wiJ- 5Ea.lSE such subjects
who Go not speak or write the Hawa-
iian o. English OF any European
language, and not applicable 10 al f.
citizens ali6e-
II. IL i in restraint Of private
rights secured by Article L II the
Constitution. which provides Ihat
each member u society has right 10 .
- protected in the enjoyment Of his
life, liberty and property accc11lng % +
law.
III. II ! contrary 70 Article l. q
the Constitution which provides that
every person has 4 right % Ice secure
.rOm SI unreasonable searches an1
saiEuraS O his person. his house, his .
nspeS sud effects
". Ii l. contrary to Article IL OF
the Consultation which provides that
IL Government : conducted f0E the
common god and not for the profit,
honor or private interest Of suy one
man. family or class q men
The Ar-ornev-(1ener3l contends 90
iufUr. that the defendant ! eStoppei
70 say that the law under which lie
yzs convicted l. unconstitutional.
lecagSe he aceep-el the license con-
aiming the condition in question and
has thus waived al objections 10 il.
But the Defendant was compelled 4,
% take the license il the statutory
o-ni. OF discontinue his business or :
srOceel 70 sell without q license ana
ubject himself 70 > prosecution there &
Or which he could not defend.
Here vaS no Intentional -e1E.l lII>El- :
nent Of s known right a. 70 amount T
Z . yTziver- Moreover II the cou1l- (
ion vas unconstitutional slG void c
~hen he SceeF1sd Il his assent cannot
snder II constitutional and valid. II
.e had had the election 10 ISke either &
licenSe with the condition OF one
rithout Ii, his case might b differ i
". Z he voluntarily accepted the Il
ne with the condition There c1E be q
o estappel by compulsiOn- ?
The case q STE FrTEciSe0 Is. IsslT- 3
7see Co. II Cal. rs decides that Q b
,reign corporation By continuing 10 I
Q business after the passage q an
81 attempting 10 impose an Unc0n- Z
itutienal condition upon is right 9
) do business dos not waive the q
ighr 10 object 70 the uncolSJiEUti0n- :
lIry Of the condition. i
The czSs before u raiSaS no CUES
on q the forfeiture q the license By g
8 son OF . breach OF condition. q
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