The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-18
LODGING HOUSES
No Discretion Allowed in
Granting Them.
So Says Judge Perry In an Elabor-
ate Decision In the Tai
kee Case.

JuNSS cry Has Iltu decision IN
the matter of the petition OF Tai Kee
for writ of mandamus directed TO the
Minister of the Interior. In 1897 Tai
kee, the petitioner. filed an applica-
ton for writ of mandamus directing
j. \. King, the Minister of the In
terror, TO issue to him a lodging house
license under the law of 1896. alleging
that he was possessed OF a leasehold
interest in certain lot OF land at the
north angle of Beretania and Pensa-
cola streets; that he had expended
$1,000 in erecting a building thereon.
intended for a lodging house. which
was not suitable for any other pur-
pose; that he had rendered the amount
Of the license and a certificate from
the Board of Health, as required by
law, but that the respondent had arbi-
trarily and in violation of law refused
to issue such license.
Minister King, in his answer. adj
mitted the refusal TO issue the license:
denied that it was an arbitrary exer-
else of power, but refused in good
faith in the exercise of his discretion.
mentioning the following reasons:
That the lodging house set up by Tai
Kee had been so conducted as to cause
great annoyance TO residents in that
locality; that the place had become no.
torious as a resort for gamblers and
Idisreputable persons: because many
persons residing in the locality had
protested against the granting of the
license; and, finally. because under all
the circumstances the respondent be-
iieved it to be in the public interests
and for the common good that the
petitioners request be refused.
For the purposes of that case il was
conceded by counsel that If the Minis
ter had discretionary power he had
properly exercised it. but it was con-
tended that the statute could not, upon
a proper construction thereof. be held
TO confer such power. The Supreme
Court adopted this view, and peremp-
tory writ was ordered to issue COM
manding the Minister to issue the Ii
|cense.
On the 18th of January of this year
and again on the 10th of June the pc
titioner applied for the renewal of the
license so granted. complying with the
usual conditions. The Minister re-
ferred the matter TO the Executive
Council, which. on February 10. 1899.
passed the following resolution:
Resolved. That in the opinion OF
the Executive Council. the mainte-
nance of lodging and tenement house
| by Tai Kee on the corner of Bereta-
mia and Pensacola streets-such as he
has heretofore carried on in said To-
cality-is Objectionable"
| Notice of this action was served or
the Minister and he thereupon refused
to issue the license. and proceeding:
were again instituted.
In the decision Judge Perry state:
that the present case differs from tin,
lformer one in that shortly after the de
cision in the first the Legislator,
amended the statute relating to Ii
censes by adding the following provi
lsion:
And. further, That no license shall
be. issued for any lodging OF tenemer
house. hotel. boarding house or res
Itaurant To be established or main
Itained in any location which. in tn
lopinion of the Executive Council. 4
Lnsuited for the purpose or which tn
Executive Council believes To be Oh
.jectionable"
The contention of the counsel for tn
petitioner that the above amendmen
to the statute is unconstitutional ii
that it vests in the Executive Counci
absolute discretionary power to gran
or refuse licenses for lodging house:
This view the Court conceded witt
saying: is the discretion which TN
statute confers on the EXecutiv
Council such as. within the rules al
ready laid down by the Supreme Cour
can be constitutionally vested in sue
officers? In my opinion, it is not. an
the peremptory writ prayed for shoul
be issued
Humphreys and Hankey for the p,
titioner and the Attorney General 70
respondent