The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-11-06

OPINION OF THE COURT BY WHITING
The defendant charged with violating Section Sc Act Ga
Laws of 1896, by soliciting orders for goods and
chanse by sample and the representative of certain foreign
houses which do hold any merchandise license
Act GA Laws of 1896, Act amending and consolidating
the laws regulating licenses Section 90 The annual fee for
license solicit ORDER sell goods wares and merchandise
by sample by person representing foreign house,
pany corporation which does not hold merchandise license
shall be hundred dollars the Island of Oahu and
hundred fifty dollars for each other Island of the Repubc
Oahu excepted
Section From and after the date of the passage of this
Act all licenses issued for carving the several businesses
doing the acts enumerated shall be issued by the Minister
of the Interior accordance with the and conditions and
for the fees herein enumerated for the respective terms of
from the several dates Ihe OF
business the doing Of any act herein enumerated ercep
upon obtaining license IN conformity m the provisions of
this Act, is hereby forbidden.
Section f. Any who shall after the date
of the passage of this Act engage business
or do anv act herein enumerated the cgagipo IN or donna
required be licensed without first obaiga
issued conformity with the provisions of this Act
who shall sell goods merchandise produce or thing
of value contrary the provisions of this Act who shall
observe of the provisions of this Act shall
be guilty of misdemeanor and upon conviction SHALL unless
otherwise herein provided be fined not less than the
annual fe and than twice the annual fee herein
scbed for the OF such business the doing such
The defendant moved for his discharge ofense was
stated which motion denied; and the following points of
law thereupon certified to this Court:
l. That the District Magistrate erred in overrung defen
That ofense against said Section Sc, Chap Ga Laws
Of 1896, has been shown.
That the conviction against the law and the evidence
The evidence
a. license the J. G. Waibe Company sell pirtuous
liquors at wholesale
b. A license to the j. g. Wabel Company to sell imported
goods, and merchandise.
c. The voluntary statement of J Waibe to the Marshal
concerning the and method of conducting business
being done by him in the Hawaiian Islands.
II American citizen and former occasion resided
here four years and half have been Honolulu this
time since the 10Th of December 1896 down eab
sh myself permanently in business am doing business under
the firm of J. G. Wabel Company It registered
partnership consisting of myself resident of Honolulu and
John c. Nobmann, residing in San Francisco
In San Francisco do business coparners under the firm
name of the Pacific Mercantile Company. We have pernan
ent office with the Hawaiian Cycle Manufacturing Company
here, with sample upstairs.
When starting in Honolulu stated the of the bust
ness intended to conduct the Interior Department took
out wholesale spirit license paying $500 cash, and also
general merchandise license $50 therefor These two
licenses attached hereto We do under these licenses
general merchandise business and also commission and bro
ege business for San firms w.t. The Standard
Biscuit Company, manufacturers of biscuits ETC., and H. Levi
q Company, doing business wholesale grocers.
Outside of the commission and brokerage business for the
firms aforesaid and in the conduct of the general merchandise
business method is follows We do retail obbng
business combining ourselves strictly importers. this
end of the line solicit from local importing houses orders
lines handle Upon receiving order, forward it my
partner in San Francisco He buys and credit
the best advantage and the difference what
there and what get here profit being in the Of
profits and having element of commission in it.
The Pacific Mercantile Company is in fact practically pur
chasing agency and this equally of the j. G. Wabel
Company In the line of wines and liquors purchases
San Francisco not by limited to orders received
If opportunity to buy good advantage do
subsequent expected orders For instance, have
several thousand gallons of wine and liquors in stock in San
Francisco lying partly in bonded warehouses and elsewhere
We also have shipment of wines the here ordered
account These orders solicited aforesaid filled
San Francisco and forwarded directly the bills of ang
ing to the purchaser cases. and the bills being made
in the name of the Pacific Mercantile Company
Our dealings commission with the Standard Biscuit Co.
and H. Levi Co. follows solicit orders from loca
business houses quoting prices have nothing to do with the
forwarding OF the ORDERS often not knowing what the
orders that orders have gone forward Ny obc
being merely keep their goods on the market and their
before the local houses The soliciting being
way OF reminding purchasers from time time keep thos
hrns before them and to remember them when ordering Fo
these services commission upon all goods into tn
Hawaiian Islands by either of those firms irrespective of tn