The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-04
CUNHA BEAT THE CASE
CAN NOW EMPLOY MINORS IN
HIS SALOON.
Unless Territorial Grand Jury Takes
Up Matter-One of Recent Legisla
lures Laws Temporarily sidetracked

Unless the Territorial grand Jury
takes cognizance Of his employment Of
minors, +. ). Cunha of the Union Sa-
loon Will be able to employ as many
boys about his resort as he thinks his
interests justify. This morning Judge
Wilcox discharged him at his trial on
the charge of violating Section 1 of Act
! of the Session Laws of 1901 which pro-
hibits the employment of minors in or
about places where liquors are sold
While 1t was not in the province of
the court to declare the law unconsti-
tutional, the decision of Judge Wilcox
can be taken as an indication of how
the case may be regarded if it is ever
tested in a high court.
More than usual interest was at
tached to the case as it was the first
trial of an offence against the laws
enacted by the recent legislature
Cunha was summoned last month on a
charge of employing a minor in his
saloon in violation of the Section 1 of
Act of the Session Laws of 1901. An
amended complaint was filed this
morning in which the name of the
youth who was employed about Cum
has resort was given.
Sydney NJ. Ballou of Kinney. Ballou
and McClanahan appeared for the de-
fendant and Deputy Attorney Generals
Cathcart and Dunn were in court. Mr.
Ballou filed the following demurrer
asking the discharge of the defendant:
Now comes E. S. Cunha, defendant
/ in the above entitled cause. by his
attorneys Kinney, Ballou and Nc
| Clanahan, and demurs to the complaint
entered herein and for causes of de-
murrer allges.
THAT said complaint does not allege
facts sufficient to constitute a cause of
action.
That the statute under which this
prosecution is brought is unconstitu-
! tional and void.
III.
That Section of Act of the Ses-
sion Laws of 1901 is unconstitutional
and void, being repugnant to the 5th
Amendment to the Constitution of the
| United States.
THAT section one of Act of the
Session Laws of 1901 is unconstitutiOn-
al and void, being in conflict with that
portion of Section s, Article l of the
! Constitution of the United States gtv-
ing the Congress the power to regulate
commerce with foreign nations anG
among the several states;
Wherefore defendant prays that he
may be hence dismissed"
Mr.. Ballou made brief argument in
support of the demurrer but before he
made the argument both Mr.. Cathcart
and Mr. Dunn withdrew, on account OF
| the press of business elsewhere. Mr.
Dunn said that he would leave the
prosecution of the case in the hands OF
Deputy Sheriff Chillingworth.
Mr.. Ballou read the first section OF
Act which the defendant was accused
of violating. This section prohibits tht
employment of minor in or about th'
premises, of places where Intoxicating
liquors were sold. 1t failed he con
tended to specify saloons and, in con
sequence, applied with equal force t.
wholesale houses as well as to saloons
Any of the large establishments whicl
sold liquor only in original packages
could be held equally culpable with tn
proprietors of saloons who employed
minors about their resorts.
Moreover, the law was in confiic
with the 5th amendment of the Consti
tuition of the United States regulating
commerce beween states. If the pres
ent laws of the session Of 1901 were en-
forced it would be a plain violation o
that amendment governing interstate
commerce as the trade in liquor coulC
be regarded.
Mr. Chillingworth made no argumen
against the demurrer and the court de
cided that he would sustain the points
so discharged the defendant