The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-02-12

Z of the Constitution is established be-
+ yond all reasonable doubt.
Ii Is urged by Defendant that the
. Act requiring = trader in ordinary
T merchandise 70 keep "full. true and
I correct hooks Of account in the Eng
F iSh, Hawaiian or some European
language authorizes an Interference
, with personal freedom and private
( property as is forbidden by Articles
ami Il 0t the Constitution. These
( Articles secure 70 all persons in this
Z Kingdom of al raeeS, whether citizens
or aliens, the enjoyment Of life and
. liberty and the right Of acquiring,
I possessing and protecting property
/ according 70 law. They also secure
them in pursuing and obtaining
safety ana happiness, and that their
property shall not be taken fer public
use except upon due process of law
and Just compensation.
But though the Act does impose
restrictions upon the liberty Of the
person ana burdens upon his right Of
acquiring property, il Is cOutended
on behalf II the Crown that these are
regulations proper and necessary 10
he made in the exercise 81 the Police
Power Of the State for the public good.
1t becomes Necessary TO examine the
Act in Orier 10 see if these regulations
are Of this character.
Books Of account are the records of
transactions Of the trades. They are
for his convenience. But they are
not essential Io the conduct Of the
business Of buying and selling, and
the public who buy Of the traders are
NOT concerned whether books Of &C
count ale kept or not. \ customer Of
q >gorekeaper has no occasion 10 eN-
anime the StOrekeepeT'S books and
would not be able 70 de this without
the consent Of the StOrGheeper. Ii Is
said that creditors Of a trader are in
tere>tej in fUl, true and correct books
q account being kept 10y him. But
creditors are = limited class, who vol
UNFAIRLY and for their own profit sell
goods To q dealer upon credit. II 4
seller Of merchandise TO trader dis
trusts his, ability 10 pay he may re
fuse the credit or require security.
This i entirely matter Of private
agreement in which the public are
not interested Creditors are pro-
tected by the law Of bankruptcy
which authorizes the Court 10 punish
3 bankrupt. who with intent 70 con-
zeal the true state Of his affairs, has
wiltulIy omitted 70 keep st any time
proper books Of account and refuse 3
certificate Of discharge III such case.
But the preamble Of the Act sets
forth that whereas, by the failure Of
traGeSmeu and Others TO keep &C
counts in the English. Hawaiian or
some European language many frauds
have been Perpetrdted, etc. This
! = bald statement. Upon whom
are the frauds perpeJCated? Upon
the pIbliC who buy of the tr2teSmen9
The only frauds that could be thus
perEetraIed would be by fictitious
entities by which = customer might |
be charged with goods he did not
purchase o. with prices he did not |
Sgree TO pay. These are issues Of fact
which would have 10 be established |
in Court by competent evidence ire |
Sp5GtIve OF the language in which the |
entries were made IN the Traders
books. II the entries were made in = 4
not understood by the Court |
OF Jury they would have 10 be trans
lated into language which the Court /
1r Jury could understand
Bat the second part of the Preamble |
CUES further and reciJeS that in order /
10 prevent future Preparation Of such /
frauds IL l. necessary that the accounts
q all persons holding wholesale OF
-atsiI licenses should be kept in fLili,
l. well Is i'm the English, Hawaiian
lr some European language, and Sec
ion ! OF the Act goes still further and
requires that the license shall be
SsUsS upon the express condition that
he leen>ee shall Keep full, true and |
=Ir-Cet books Of account Of all bust
hes, and that the books shall be in
ne languages mentioned.
Ir Is thus made 3 criminal offeuSe TO
keep hooks Of account that are not |
ulI. OF that are untrue or incorrect
the legislature thus attempts TO pun
81 - criminal. CareleS>ueS>, tOTgeJful-
les and want OF arithmeticdl skill
The bare statement Of this proposition
: sufficient 70 make il evident that |
hat the legislature has transcribed
L preroEativeS in such an attempt.
{ may be said that the law would
TOT punish carele>Sue>S OF f0rgeJful-
- OF want of skill. and that unless
uJTieS IN the books Of account were I
mittei OF wrong entries made with
he intention To iefraud Others they |
-1uld not De punishable But the
Yet does not make the intent 10 de- ,
-sUd an Ingredient Of this Ofte1Se.
IL would seem = II the Legislature / :
-efxei this Preamble 10 the Act in ]
1isr 70 justify the enactment but 1t {
, no p2rt Of the law. This legiSia- I
ion : an attempt 10 impose restTic- !
ion and burden upon the exercise
. 3 lawful employment. which bor- I
eTS upon tyranny. II would be a
10 enact That each store :
eepeT should employ q stated num- :
81 Of clerks who should all be OF g q
eI-5in favored race. and VINO should 1 {
{ paid named salary. i
such restrictions would be iur0ler- :
be ID
An illitsEaIe man with 2 good
-smOEy could very well manage q b
nlitsd business without the aid OF C
1y books Of account. shall he be C
for his want 0f educational 8
ivanrageS by being compelled 10 :
ire bo0kEeepers who are acquainted 4
it'll the named languages? :,
The Constitution f3TDids the tram Il
cling q the guaranteed right Of ac- Il
hiring and possessing property by
II burdens and restrictions except / q
-ch ~ are necessary 70 prevent the q
Fiction OF injury 10 others. !.
The right exists in all persons TO
ze1cise the ordinary caIIings OF life :
Id the pursuit Of them can only be :.