The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-23
IMPORTANT DECISIONS.
The Keystone License Refused-Part of
the Liquor Label Law yoid-The
Chinese Accounts Act Unconstitu-
tional.
THE KEYSTONE MATTER.

LIE nj lo4ONE MATTER.
Three decisions OF great importance
were rendered by the Supreme Court in
banco yesterday. They are too lengthy
for publication in full in this issue, but
the conclusions are given below.
The first one read was by Mr.. Justice
Preston, in the Keystone Saloon license
case. It is important in its definitions
OF Ministerial discretion In fuller and
more precise manner than ever before
I by this Court. The Court are OF opinion
that the Interpretation paced upon the
statute by Mr.. Justice Dole is correct
and that the Minister has discretion in
| granting or refusing such license. They
| hold that the Minister has a discretion
both in granting new licenses and in re-
! newals. "The Legislature having given
! such discretion" the opinion reads. ''it
! belongs to that authority and not to this
| Court to limit it. Should the discretion
| be abused the Legislature may by a
! vote OF censure upon the Minister, or by
| amending the law, control such discre-
ton or provide other means for regulat-
| ing the issuance OF licenses" Sugges-
/ tons are given at some length as to the
method OF procedure to be adopted, dif-
ferent from those followed in this suit,
for seeking redress in the Court of any
grievance felt respecting the exercise Of
the Minister'S discretion. The opinion
concludes: "The appeal must be dis
missed with costs" The Minister of the
Interior is by this decision upheld in re-
fusing to grant a license to Henry Brad
ley and w. r. Chiffon Tor the Keystone
ITy,v, Il
TONERS; Acknowledgement c.. W. Ash
gave an oral opinion, concurring in the
conclusions but differing with the reas-
Oning Of his colleagues.
LIQUOR SEIZURES.
Mr.. Justice McCully delivered the !
opinion of the Court in the case of Wing !
WO Chan & Co. against the Hawaiian |
Government. Under an Act of last SEES
sion OF the Legislature, to prevent un- !
licensed traffic in liquor, consignees of !
liquor were required to label packages |
shipped to customers in the Kingdom, !
with their firm name and the kind and !
quantity of liquor. A consignment from
plaintiffs shipped for KahuIui by the |
steamer LikeIke was seized by police
officers and condemned aad confscated
according to the Act in the Police Court.
Plaintiffs appealed against such seizure
and condemnation as an infringement Of
their constitutional rights. The Court
does not consider the statute uncOnstitu
tiOnal in authorizing a seizure without q
but holds that it is unconstitu-
tiOnal in not providing "due process of
law" for the protection of the rights OF
property. 1.-The statute TO the extent
found to be unconstitutional is to that
extent void. Section 5 is therefore pro-
void" Portions Of the statute
not affected by the parts found unconsti-
tutiOnal are not affected by this deter
minatiOn. The Court " adjudge that the
plaintiffs herein do have and take the
goods heretofore declared forfeit with
plaintiff; Attorney-General Ashford for
defendant.
CHINESE ACCOUNTS ACT VOID.
Chief Justice Judd rendered the opin-
ion of the Court in the case of the King
vs.. Lau Kiu. This is an appeal OF de-
Tendant against his conviction and SEN
tence in the Police Court for violation of
the law requiring books of account of
licensed traders to be kept in English,
Hawaiian or some European language,
as provided by the statute OF 1888. The
opinion is so replete with interesting
points and observations that an abstract
would be inadequate to properly place it
before the public. Pending publication
in full the conclusion alone is given, as
follows: I'VE find it impossible to sus-
tain this Act and are obliged to hold that
every section Of it is Unconstitutional
and void. The conviction of the defend
ant under it is quashed and he is dis
charged" Attorney General Ashford for
the Crown; ?. Neumann and f M Hatch
for the defendant.