The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-18
OPINION or THE COURT by FREAR. ]

This i a petition for a writ Of rm.ndarn,- compel the
respondent j. y King Minister Of the Interior, issue the
petitioner, Tai Kcc license keep lodging house. The
parties ;nd the lodging house in question the the
Of Tai Re- Minister of the INTERIOR Iaw 81 the
allegations Of the petition much the In that the
respondent contcucd that the gave him discretionary
power grant refuse lodging house license but held that
the statute made his duty grant the license upon the appli
can't, compliance with the the The provisions
If the then stood forth in the decision in that
Since then the legislature has amended the by pro-
vng Act Laws 1889 THAT license shall be issued for
any Lodging Tenement House. Hotel Boarding House Res
he established maintained in any location which in
the opinion Of the Executive Council sutcd for the purpose
which Executive Council believes he objectionable
Acting under this provision the Executive Council which
petitioners application for license referred by the respond
passed the following resolutions: Resolved, That in the
opinion Of the Executive Council the maintenance of lodging
and house by Tai Kcc the of Bcreania and
Pensacola nc has heretofore carried said
ocaIiy-is objectionable and that the Executive Council
recommend the Minister the Interior that deny the APP
plca,;ou Of Tai renewal of his license maintain
odg and house the of Beretana and Pen
aa Streets This action Executive Council the only
= ouud relied upon by respondent for his refusal issue the
license.
Assuming that the resolutions in conformity with the
statute (which altogether clear the sole question to be de
ctlc,I j, whether that provision i constitutional.
The decision the based upon the
ou Of the statute found that could very well
avoid considering the question of the consu
onaitv Of the and part avoid holding the
unconstitutional that the construed it to he manda
tory Ii evident the reasoning in that that If the
statute could have been constructed only comforting dsce
ouar power upon the Minister grant refuse the license it
would have been held y distinction drawn
occupations which be regarded harmful dang
ous themselves such that of selling Intoxicating liquors.
which was involved the of Bradley Thurston Haw
$685. and which, like that of keeping lodging house.
olved present case necessary the welfare
vencucc the community and which harmful dangerous
Il ALL only of the particular way which they be
conducted In the former person has absolute right
gage; the latter all citizens have right and equal right
engage The latter subject the degree of control
The may be regulated restricted any
the prohibitions the latter may be reg
lated only reasonable and with reference the evils
he rcncdc avoided In regard to the latter the ad
The Legislature itself could constutionaly impose
reasonable arbitrary restrictions such pursuits much ss
could delegate such power other person or body 1t may
itself impose reasonable conditions may place considerable
discretionary power executive officers but in the latter ease
there should something the guide control the
action of the officers.
The provision Of the question in delegates
to the Executive Council arbitrary power with reference the
location of lodging houses and contains nothing guide
tr the action OF that body IN tins respect IL l. clearly uco
-tiutional In addition the authorities both Hawaiian and
American relied in the former ease the following cited by
for the petitioner referred bearing closely upon
The present
In The city of Richmond Dudcy, 129 Ind 49, an ori-
urrortcd confer power the Common Council 10
grant permission applicant keep ntammable or explosive
oils quantities greater than five barrels at time IT the oea
ton among other things. should be deemed suitable and
proper The ordinance held invalid, the court saying
among things: Language better calculated T. enable the
Common Council arbitrarily control the business without
fixed or known rules well be imagined The business OF
Loonine. snrnc. and cnnn in such cgitiate business.