The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-24
TIE LIQUOR
TEST CASE.
AnAnsWer is Filed
by Treasurer
Wright.
HEARING WILL
BE HAD TODAY
Judge Estse Insists That Citizens
Must be Ready to Fight.
Circuit Court.

The answer in the case of Nacfarlane
& Co. ct al VS.. w. II. Wright was filed
In Federal court yesterday and the test
OF the constitutionality of the Hawaii
an liquor law is to be made before
Judge Estee today. The answer is q
lengthy document, and the allegations
IN the complaint are admitted except
as to the concluding paragraphs. The
answer Admits that Ed Hofschlaeger
& Co. Is a. corporation az alleged, and
that II has a license TO sell liquor, but
this defendant alleges that said license
is issued under Sections 4S1, 432 and 433
of the Penal Laws of the Hawaiian ISL
ands. 1897. instead OF under sections 42S.
429 and $50 thereof"
1t is admitted also that the defendant
has issued a large number Of licenses
for the sale of beer and that he will
continue to issue such further licenses
to sell beer as in his discretion he may
deem proper"
The correspondence had between
plaintiffs and defendant relative to the
issuance of licenses is set out in full.
Plaintiffs on November 10, 1901. made
application to defendant for licenses to
sell beer by the glass and in any other
quantity less than five gallons, the 10
cations of the premises for which IL
censes were applied for to be subject to
the approval of the treasurer. In con-
clusion complain3nts letter on TINS
subject read:
I'VE Will furnish bonds as required
by law with the exception or the con-
dition against the sale and storing on
the premises of malt liquors other than
beer manufactured in Honolulu, as we
desire to sell beer made in other parts
of the United States.
I've tender herewith the sum of nine.
hundred dollars, the amount of the~f--
cense fees as required by the statute.
a further communication was sent to
the treasurer n week later, wherein
complainants said, We beg to call
your attention to the fact that said
statute is in conflict with the Constitu-
ton of the United States, and therefore
void for the reason that it discrlm-
mates in favor OF the local beer and
against beer made on the mainland in
regard to the license fee.
This discrimination is working great
injury to us and to the several brew
cries for which we are the agents in
this Territory. We respectfully request
that you forthwith cease to issue any
further licenses under said statute upon
the conditions therein and thereby i'm
posed, that is those conditions which
prohibit the licensees from selling beer
other than that made in Honolulu"
In reply to this letter Treasurer
Wright notified that no more licenses
would be issued for the time being.
In conclusion defendant alleges in his
answer that in the exercise of the dis
erection vested in him by law he refus-
ed to issue the licenses hereinbefore re-
quested, and still refuses to issue the
same
Defendant further alleges that said
plaintiffs are suffering no wrong and
injury and have no interest in the mat
ters of which they complain in their
said amended bill of complaint
Wherefore defendant asks that said
amended bill of complaint be dismissed
and that the defendant be awarded his
costs.
The liquor case viii probably be
heard Immediately upon opening of
court as Judge Estee is anxious to fin
ish UP the work here before next Tues
day. when he goes to Hilo to holu
court.
MUST BE READY TO FIGHT
T.,Irr