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

The made broad designedy prevent
ing such transactions Another object of the
provide for the orderly and quiet conduct of the houses que
tiona regulation called for by the public of such
houses. No doubt, argued the legislature did intend
to denOUnce criminal if done by citizens engaged
and legitimate vocation, while innocent done by citizens
engaged any other pursuit the
the giving away liquor persons who happen
Keepers They may give away liquor well other class
Of persons They not however give away outsiders
upon the restaurant premises The prohibition
the appropriate places ana circumstances which call for It.
Otherwise it might be open objection as unconstitutional
See the third point below In State Jones, Vt $40
hotel keeper gave liquor to hosler who was epoved v him
four days. and TO musicians employed by him
of dances his hotel The held furnishing to the
hoster criminal because he part family
but otherwise to the furnishing the musicians In State
Freeman, q VT $40, the held that charge
nsIng' liquor sustained by proof giving it. In
State Deustng 80 Mimi 1922 the ordinance provided that
person should SELL vend deal in dispose of
liquors without license The held that word dis
pose included dispositions by way of gift The
general regulate the sale of spruous liquors
dispose Of" Comp L., 695. If dispose of gifts
furnish also include gifts, under the
mpaed by the Act The Act should be as
be made effective and accomplish purposes pre-
evasions.
That the defendant did to commit a crime
and that there that union of necessary
constitute The defendant intended what he did
do, and he did intend commit oense merely
because he did not know that what he did and intended
offense. Ignorance of the law is excuse.
That is repugnant to Sec of Art of the Con
stituon which reads God hath endowed all certain
inalenable Rights among which are Life Liberty and the
Right of acquiring possessing and protecting property and of
pursuing and obtaining Happiness The argument upon this
point that the word furnish includes give
the legislature might the of the police power
all persons from giving away liquor The
the prohibition be placed upon any
if imposed all should extend to all classes 1t is well estab
lished that classification for legislative purposes is constit
tiona provided the classification is reasonable and merely
arbitrary If the legislation extends all within the
unobJechonabe from the constitutional standpoint 1t
sufficient it true that all the selected objects merely have
attribute in That might constitute them class
for purposes but legislative purposes
and the purposes of the legislation
attribute calls for or ustie the particular legislation
In the provision made under the police power
OF the state for the orderly conduct of public houses and
for special of enforcing under conditions which
peculiarly easy and likely of evasion rule that made app
cable to all under another and general act prohibiting the
selling dpong of liquor without license. This sufficient
Justify the legislation This view supported by the
ing in the cited by counsel among which may be
ed The King Fe'mGnde Haw. $685. and Gulf, de-, Co.
Ellis 165 O. S. 49, both the majority and minority opinions and
therein cited See also TAI Zee Minister Of Interior,
ante p. 81; Campbell T. Shan, ante p 112; Republic
FascOnccllcS, ante p. 228
f. That the law repugnant Article of the Constitu-
ton, which provides that shall embrace but
subject which shall be expressed in its Title Here also The
King FERNANDEZ SUPRA is relied In that it
held that the subject of the portion of act that prohibited
the possession of suous liquor without intent to traffic
it embraced within the title can Act to better pre-
vent Illicit traffic in prituous liquors. That is not
point Furnishing giving Intoxicating liquors is more
closely related selling them than is the possession of
them In State anderson IA Ind 296, in considering
entitled can regulate and license the sale of
spirituous liquors. &c. aid When consider the
object for which such law passed, prevent abuses
that might flow from the unresaned disposal of liquors
these respects it would that the giving away, under
circumstances which might produce the evil results the
selling, would be matter properly regulated in connection with
the selling Indeed it may be regarded incident
statute regulating the sae its efficient operation
1t is necessary precautionary provision prevent evasion of
the prohibition to sell. All experience under license laws
proves this"
But the present does involve the question whether
the possession furnishing giving of liquors be pro-
ibted under statute whose title refers to sales only The
title of the Act under consideration does refer to sales
1t is Gan Act amend add and consolidate the laws relating
certain licenses and repeal the following laws viz, &c
One of these licenses is the license and the portion
of the statute IN question is merely OF the conditions upon
which that license shall be granted. In statute relating to
certain licenses is proper specify the conditions upon winch
the licenses granted constitutional provision