The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21

defendant, keeper liquor
intoxicating persons
premises. Held,
building
portion i occupied as a dwelling
gifts
circumstances N premises
act
furnishing
legislation not
applying to all occupations as not being embraced in the
subject OF amend
relating certain licenses" &c.
OPINION OF THE COURT BY FREAR J.
The defendant was tried and convicted in the District Court
of North Kona, Hawaii upon charge of furnishing liquor
certain persons certain times in March last contrary the
provisions of Secs II and ~ Act a. Laws of 1896 Upon
appeal he tried in the Circuit Court jury waived and
convicted, upon the following agreed facts
The defendant kept restaurant and eanghoue in Kaua,
District of North Kona, Island of Hawaii he held license
restaurant Keeper he had license to sell spruous IN
toxcating liquor The defendant his partner and
poyee slept the premises there being provided for
that purpose On the March, 1897
the defendants birthday he gave feast in and upon said
premises divers of his friends furnishing four
bottles Of DIN for the occasion He also gave pon the premises
of gin friends from Hamakua and bottles
of gin relatives from Wapo He ALSO divers occasions
Immediately and Immediately after said 18th day of
March, furnished upon the premises spuous liquor to divers
persons
"For the purposes this is claimed behalf of
the Government that any pecuniary consideration paid for
said liquors. denied that they gift"
The Act in question general relating licenses.
Secs 684 relate lodging house. hotel boarding
licenses. Sec. II provides that such
shall be issued upon certain conditions of
which is 3 That Intoxicating liquor shall be furnished or
sold therein except authorized by law Sec y provides
that anyone who, holding license shall violate fail to
observe any of the requirements condition OF this Act or
OF his license, shall be ined' etc.
The points presented the exceptions upon which the
comes to this Court will be considered in their order
l. That the facts stated constitute oense under
the Defendant contends that he his and two
employees slept the premises the building should be re-
garded dwelling and restaurant citing The Alng
y, AsinG Haw 474 in which held that entry
burglarious though made in the part of building used
store part the building used dwelling But
if building does lose its character dwelling because
part of it used restaurant it equally true
lose its character restaurant because
a part of it is used dwelling The building would have
Even if the parts of the house could be
treated separately the part restaurant and the other
as dwelling Gas to which we express opinon) would
not the defendant in this for is agreed that the
charged took place the restaurant premises.
It contended further that the word furnish" in the statute
cannot be held to include gift Whether it can be held to IN
cude gift of the kind made the 18th of March, when the
liquor formed merely part of birthday feast given by the
defendant though the restaurant premises unnecessary
decide. n furnishing in that be analogous to
providing of liquor the of ones ami,n which ones
be included But the agreed statement
shows that the defendant gave liquor ways days other
than his birthday Con divers Immediately before and
Immediately after said 14 day of March, he Furnished (ung
the very word of the ate upon the premises pirituOus liquor
divers persons. e also gave upon the premises two
bottles Gin Hamaa and bottles of gin
to relatives from Wapo 1t mot claimed behalf of the
that any pecunay consideration paid for said
liquors. or denied they gift The question: there
fore is whether the word furnish" may include give under
any circumstances within the meaning of the statute does the
consideration in all take the of
the 1t contended that the word FURNISH in
tended of barter and exchange But the word
furnish" broader meaning It provde" "sup
ply and does import consideration One object of the
legislature provide special prevent Illicit
unlicensed traffic in Intoxicating liquors in places where the
temptation carry such traffic would be great and where
would be easy carry it without detection. There
many devices by which liquor can be given with the
expectation of gain advantage of yet
a sale, exchange barter Moreover prohb
ton against giving might be deemed necessary precauon
in order to prevent evasions Of the prohibition against selling