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

1897
In establishing this business have and desire to
comply with the local laws and if ANYTHING above ected
trary to law wish know it. and the matter right
We have attempted branch work of any kind outside
of Honolulu though should like know under what circum
stances and under what licenses send soliciting agents
the other islands,
(sig9 The J. G. wabel Co. by
The main question submitted is the construction of Sec
ton 90 of Act 64 Laws of 1896 wit: IAN annual fee for
license solicit order sell goods and merchandise
by sample
What the meaning of solicit order used in this
ton and they give effect the law!
In other words construction be them that solicit
means solicit orders for goods.
The rules for the construction of laws laid down in the Civil
Code, follows:
Section 10. Where the words of law dubious their
meaning be sought by examining the with which
the ambiguous words phrases and be compared
in order to ascertain their true meaning.
Section - lone of the most etectual of discovering
the meaning of the law, when its expressions dubious
Is by considering the and spirit of the which
led the Legislature to enact it,
Section -. When the words of law ambiguous every
construction which leads absurty should be rejected
1t appears that the clear intention of the Legislature
to prevent person. not holding commercial travellers license
from soliciting orders for goods &c. by sample The letter of
the law is solicit order SELL To the clause
merely solicit goods &C., by sample results in absurdty
and be rejected
sIn ShiHober Waldo, Haw. A. the Court decided
the word iqudaed used in certain of the law provd
for attachments upon liquated demands 'unlqud
ated."
In the People Hoffman, 81 ILL., $50, the read
the statute the words cdpds nd espOndendu the
words "d capias I'D satisdcieadu which would without the
change, make the absurd
There have been several of the Legislature relating
commercial travellers license.
Chap So, Laws of 1885, regulate the sale of
and merchandise by commercial travelling agents
foreign countries In this Act the agent representative of
foreign house prohibited from Selling goods wares &C.,
without a special commercial travellers license.
This Act amended in $780, Chapter 33, of
Sec Ihe word SELF used in Chap IS, Laws of 1885, be-
sides its usual and accepted meaning be also construed
the soliciting of orders for goods and merchandise
by sample or otherwise"
We feel difficulty in constituting Solicit to mean soicit
orders for, such clearly the intent of the Legislature the
real meaning of this section of the law and the mischief to be
prevented We also Of the opinion that the ofense of
Soliciting orders for goods &c. by sample is sufficiently
within the letter of the law being the oense for which the
law enacted
The defendant also claims that under Section T. Ga
Laws of 1896 quoted supra the holding any
the whole Act defense and protection This penal
provided that person who shall carry any
business do act herein enumerated the engaging doing
which herein required to be licensed without obtaining
license issued in conformity with the provisions of this Act
shall be guilty of a msdemeanor."
The Act general law regulating licenses and substan-
TALLY codcaon OF the license laws and contains
classes of censeuch licenses for carrying and using fire
the sale of the sale of goods and merchandise
butcher beef pork alcohol hotels restaurants banking boats
and boamen milk peddes and Others but that
the holding of license sufficient protect the person for
doing acts engaging in business which requires different
formty with the provisions of this act appropriate license
in conformity, &c.
The evidence though unsatisfactory find stans the
decision of the District Magistrate. The evidence is in
full supra, and the District Magistrate could and presumably
did to the conclusion that defendant had sample
and solicited orders from local business houses for foreign
house.
This is apparently test Of the law and have
sdered it although the record does show complete udg
ment entered in the District Court
Appeal dismissed
p. p Dole Deputy Attorney General for prosecution
Kinney G Bd71ou for defendant.
TuE CUDDCNE NOUpT OT TUC uAW TT