The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-26


and conditions set forth in Secs 6S-74
OPINION OF THE COURT BY FREAR. j.
This application by Tai for a of mandamus
directing j. ~ King Minister of the Interior issue him
clearinghouse license The applicant alleges that he possessed
of leaehod interest certain lot of land the north angle
of Bereania and Pensacola in Honouu that he has
expended thousand dollars in erecting said lot building de-
signed intended be used lodging house that the
without expense be adapted other purpose
that January 1897, he demanded of J. A King, Minister
of the Interior license for lodging house be conducted in
said building the time rendering the fee required by
law and presenting certificate from the Board OF Health as
required by law but that the said Minister arbitrarily and in
violation of law refused to issue such license.
An alternative allowed directing the Minister
the license show to the contrary.
The Minister answered admitting the refusal to issue the
license denying refused arbitrarily violation of
law and alleging that he refused in good faith in the exercise
of his discretion under the the following
namely &C" Because the lodging house Heretofore
upon said premises under license granted the petitioner
under the of Tai Kee had been conducted
great annoyance residents in that locality Because the
premises had become notorious place of resort for gamblers
and deputabe persons. 3 Because residing
the neghbohood had protested against the granting of such
under all of the circumstances the
sponden believed to be in the public interests and Tor the
common good the petitioners request be refused
Afdavs attached to and made part OF the answer IN
support of the grounds which the refusal based and
counter-afidavit filed by the applicant.
The Circuit Judge of the opinion that the Minister
vested by law with discretionary the matter of the IS
of lodging house licenses and dismissed the application
The here appeal from this decision
the applicant comedies that if the Minister has
discretionary the he has properly exercised
this also that grant of such to the Minister
would be constitutional but that the
upon proper construction thereof be held to confer such
power
amending adding consolidating nearly all former laws
relating licenses and repeating such former laws Its first
section is follows:
"Secon l. The Minister of the may upon applica-
ton any person. such applicant license herein
after enumerated upon the and conditions hereinafter set
forth"
Then follow general provisions and after these the
special provisions relating the classes of licenses The
part relating lodging house licenses is as follows:
"oDeNG OR TENEMENT HOUSE; HOTELS BOARDING. HOUSES
AND RESTAURANTS
Section 6s The license to keep lodging
or tenement house shall be dollars.
Section The annual fee for license to keep hotel
boarding house restaurant shall be fifty dollars
CERTIFICATE BOARD HEALTH.
Section 10 license shall be issued for lodging ene
ment house hotel boarding restaurant until the ap
pcant shall the Board of Health and the
or certificate setting forth that an Agent of the Board
has examined the proposed be used for such
purposes with description thereof sufficient to identify and
locate the same the good sanitary condition
used for such purpose and stating the number
of persons which, by law, be lodged therein.
CONDITIONS OF LICENSE.
Section IL lodging tenement house, hotel, boarding
house or restaurant license shall issued upon the following
express conditions which shall be Incorporated in the license
viz:
l. That the shall keep noisy disorderly
house;
@ That no prostitute shall allowed reside therein
resort thereto:
g That no Intoxicating liquor shall be furnished sold
therein, except authorized by law;
That shall at time be lodged therein
than permitted by the license
That buildings and premises licensed shall be kept in
good sanitary condition in accordance with law and with the
orders of the agent of the Board of Health;
g. That the police agents of the Board of Health shall
at all thereto for of inspection;
Z That no gaming shall be allowed therein.
PENALTY.
Section 70 ANY person who shall keep lodging tene
hotel boarding house restaurant without license
this Act who holding license shall violate fail to
of the requirements condition of this Act or of
his license shall be fined less than than