The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-05
MINORS IN sLLO0H
IRE HOT DISTURBED
New Law Receives a
Knockout Blow In
District Court.
JUDGE WILCOX DISCHARGES euHHl
HENRY PAuLo GETS ? MONTHS
AT HARD LABOR FOR IN
DECENT EXPOSURE.
JUDGE WILCOX DISCHARGES euHHl
Ns PAX Assault Case Postponed
Bruce an Gillespie VIII Come Up
Monday-Truant maka Repri-
manded and Bid to Sin No More.

The new law relating TO the employ
ment OF minors in and about places
where spirituous liquors are sold and
dispensed, received body blow by a
decision handed down by District
Magistrate Wilcox yesterday morning.
Z. 5. Cunha, proprietor of the Union
Art Gallery Saloon, charged with the
violation of Section 1, Act OF the
Legislature OF the Territory Of Hawaii.
Session Laws of 1901. was found not
guilty and was discharged by the
court
The case. the first under the new
law. has been watched with a great
deal of interest. from the liquor in
terests as well as the temperance ele-
ments of the city. Mr. Cunha's alleged
violation of the new law was to be
made test case. Upon the employ
ment of Antoine Silva, lad of II
years of age. the charge of violation
of the recent statute was founded.
Sidney NJ Rallou of Kinney. Ballou
& MeClanahan appeared for the de-
PENDANT and Deputy Attorney Gener-
ais Cathcart and Dunno were in court
Mr.. Ballou filed the following demur-
rer asking the discharge of the de-
PENDANT:
Now comes E. s. Cunha. defendant
in the above entitled case. by his
attorneys Kinney. Ballou & McClana-
han. and demurs to the complaint en-
tered herein and for causes of demur-
rer alleges:
THAT said complaint does not al
lege facts sufficient to constitute a
cause of action.
THAT the statute under which this
prosecution is brought is unconstitu-
tional and void
That Section ! of Act of the SEES
sion Laws of 1901 is unconstitutional
and void, being repugnant to the 5th
United States.
THAT Section / OF Act 4 OF the
Session Laws of 1901 is unconstitu-
tional and void. being in conflict with
that portion of Section 8. Article l, of
the Constitution of the United States
giving the Congress the power to reg
ulate commerce with foreign nations
and among the several states;
Wherefore defendant prays that he
may be hence dismissed"
Attorney Ballou made a brief pre-
sentation of the defendants side of
the case. He cited his belief that IL
the provisions of the new law were
exaeted from Mr.. Cunha, every whole
! sale house in the city where spiritu-
Gus liquors are sold in bulk and orig
inal packages would be compelled to
dispense with many minors who now
! find employment in such places It
was his opinion that the law did not
hit the saloons, but on the other hand
there are several large institutions N
the city to which the law as it stands
would apply.
! The decision of Judge Wilcox was
awaited by those present in the court
room with considerable interest
After brief consideration. the N,iagis-
trate announced that he was prepared
to render decision forthwith. There
upon he sustained the demurrer OF
the attorney for the defense The de.
PENDANT. e s. Cunha, was thereupor
discharged.
Judge Wilcox ordered the couri
room cleared yesterday morning dur
ing the progress of the trial Of Henry
Paulo. a native aged % years who was
charged with indecent exposure. Be
fore Paulo left the station he had q
sentence of two months ar hard labor
besides the costs of trial charged uI
against him. Despite persistent Gu
riosity which frequently asserted
itself among the court room lounger.
who were driven to the corridors. ths
throng was prevented from hearins
the damaging testimony of severa
little Portuguese girls. who related tn,
story of the young mans baseness
Officer Frank Ferreira made the ar
rest near Thomas SQUARE.
The assault case of Ng PAX agafns
Ian Kee was postponed until May s a
1.-THE request of the attorneys.
John Bruce and ]. D. Gillespie vii
again face the uoliee court bar o
iustice Monday. their cases being con
tinued over.
Robert Gardney. who is charge,
with unlawfullv selling spirituou
liquor. was allowed to defer his cas-
until Nav g.
LOe Maka- & youngster. came to tn
; speedy conclusion that he would here
after rather face his smiling and RI
diant school teacher. than the sterr
featured Judge Truancy was tn
charge which held Maka for Will.
His Honor delivered e touching LEI
ture upon the necessity of educatfo
i'm general. allowing the youth TO r.
: turn to the dull grind of book lore an
: thus prepare himself for the cares
of successful legislator.
i Reole. plain untrimmed DRUM
was fined 50 and 81 as costs.
F. s. Mcpherson. charged with a
ssnlt and battery upon the person /
Kshaa. was sternly reprimanded an