The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-27
TO TEST LIQUOR Ian
GOHsTTUT|0RlITI
An Injunction Suit Is
Brought Against
Treasurer.
STATUTE ASLEEP Foa MANY TEARS
LOCAL LAW SAYS ONLY HAWAII
AN MADE BEER CAN BE
SOLD HERE.
STATUTE ASLEEP FOB MANY TEARS
Complaint Filed in the Federal Court
Against Territorial Treasurer by
MaefarIane & Company and Other
Honolulu Liquor Dealers.

The ieuor dealers OF Honolulu are M
in srms against the Territorial Treasurer
for the reason that he is about 20 enforce
an old Hawaiian law which permits the
selling and storing of no beers or other
malt liquors IN these Islands except they
be OF Hawaiian brewing.
This law has been on the Hawaiian
statute hooks since 1856. supplemented
hy another in 1883. and If enforced. means
that no beers OF other malt liquors can
be brought INTO these Islands from any
OF the other States and Territories. or
from anywhere in the world. for that mat
ter.
Ii means that only Hawaiian beer can
be sold or kept in Hawaii.
The liquor dealers evidently object 10
the enforcement of this law. for they
have filed a complaint in the United
States District Court and have asked
that an Injunction he issued 10 restrain
Treasurer Wright from Issuing apv lieen-
ses under the Hawaiian law. They
claim that this old law. which has been on
the statute books for the last fifteen years
without being enforced by the Hawaiian
government is contrary 10 the Consfitil-
ton of the United States
Macfarlane 4 Company Limited: Fl
Hackfeld & Company. Limited: Ed.
Hofschlaeger < Company. Limited: st.
C. Savers and Lawrence H. Dee have
fled complaint in the Federal Court
against William III. Wright. Treasurer of
the Territory of Hawaii.
j. c. Baird. !. ]. Dunno and Robertson
4. Wilder are attorneys for the plaintiffs
who are about 10 test the constitutiouality
of the Hawaiian liquor license law.
The compliments allege that defendant
Treasurer of the Territory of Hawaii
has during the three months last past is
sued large number of licenses 20 various
parties in Honolulu by virtue of the pro-
visions of chapter 90 of the Sessions
Laws of 1888. upon payment of the fee
of $3.50. that holders of such licenses are
now engaged in the business of selling
in Honolulu malt liquors manufactured in
Honolulu under that act entitled AN Act
to License Brewing and Mailing Liquors
in the Islands of Hawaii" approved the
18th day of October. 1886. said act be-
ing chapter - of the Sessions Laws OF
1886 and now carried into and Incorporate
cd within and forming part of the afore-
said: "The Penal Laws of the Hawaiian
Islands. 1897" and being sections 472 and
i1S inclusive thereof: that your orators
are informed and believe and allege that
defendant Treasurer is about to issue fur
Their and additional licenses to various
other persons under said chapter 46 OF
said Sessions Laws of 1888. and that de
PENDANT refuses to issue licenses to any
person or corporation to sell any beers
or other malt liquors upon the terms and
conditions set forth in said chapter 4G
of the Sessions Law of 1888, other than
beers or malt liquors manufactured with
IN the district and city of Honolulu. and
that the issuance of such licenses by said
defendant and provided for in said chap
ter 46 of the Session Laws of 1888. and
the sale of beers and other malt liquors
manufactured in Honolulu will continue
unless restrained and enjoined by the or.
der and decree of this court
Your orators further allege that chap
ter 46 of the Sessions Laws of 1888. now
Part v. sections 40 and 4S3 inclusive,
of chapter II of THE Penal Laws of the
Hawaiian Islands. 1897" and every part
and section thereof. are wholly unconsti-
tutional. null and void: in this. that they
and each of them are in conflict with the
Constitution of the United States of
America.
The compliments further allege that
they are without any remedy at law and
that this bill is brought by them to avoid
multiplicity of suits in the premises
that the issuance of licenses as above
and the sale of malt liquors manufactured
in Honolulu. has resulted in and will con-
time unless restrained. 70 work and re-
suit in. irreparahle injury and damage
port. purchase. sale and deaIing in beers
and other malt liquors are necessary 10
the profitable management of their. and
each of their businesses that the iniur-
hv the refusal of said defendant TO afford
them facilities for the maintenance of
their businesses. is irreparable and largely
exceeds the amount of the sum of $1,000
so far as each is concerned. and YOUR ora
tors are entitled to have said defendant
restrained and enioined from any further
antion under said chapter As of the SEES
SONS Laws of 1888. and are further en-
titled 10 have chapter A; of the Sessions
laws of 1888 declared unconstitutional
By decree of this court.
Complainants go on 10 pray that a
writ Of subpoena he issued for defendant
Treasurer Wright TO appear before the
United States District Court and that a
writ of injunction be issued to restrain
the issuance of any further licenses by
virut Of and under said chapter 46 of the
Sessions Laws of 1888
One Of the conditions under which
malt liquor licenses are issued under chap
FER Al. Part v. Section 49, of the Penal
Laws of the Hawaiian Islands. 1897.
fehanter 10 of the Sessions Laws OF
1881 IS. That he win not sell or other
wies dispose of on the PREMISES for which
he IS licensed any wines. malt liquors OF
spirits Of any description whatever. and
Also thar he viii not store. or allow To
Re stored on the premises for which he
* licensed any wines. malt LIQUORS OF
spirits OF any description whatsorere. ex-
eert such beer manufactured in Honolulp
aud under the said aforementioned SEC
tons