The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-21

IS Sentenced to Ten Years.
IN the case Of Macfs-laue and 9th
.r- against Territorial Treasurer
William n Wright. Judge Estee yes
,erday overruled the demurrer In the
United States District Court gave de-
PENDANT until Thursday 10 answer
and set the case Cor hearing at 10
o'clock Friday morning
A demurrer was sustained and
plaintiff was allowed TO amend the
complaint on former hearing The
amendment vas the subject OF the
demurrer which failed yesterday.
Plaintiffs represent the larger
saloon interests OF the city. paying
$1,000 each a year for retailing liquor
81 an kinds Under a law of the Ter
ritory the Treasurer issues licenses
az $500 per year for retailing only
the product OF the Honolulu Brewery.
The regular trade sets up the claim
C.; vested rights against these $500
license saloons.
Crusade Against Primo.
The list OF local liquor dealers.
beaded by Macfarlane & Company
has been seeking 10 prevent the is
-Gauce OF Primo beer licenses and TO
have those already issued cancelled
on the ground that the cheaper Ii
o.use FOR the sale Of the local product
is an unlawful discrimination against
Mainland breweries.
Judge Estee. after hearing argu-
msnt seemed inclined 10 regard the
Hawaiian malt license law as con
,rary TO the national commerce laws
end De uyerruled the demurrer and
ordered a new trial
The first demurrer was sustained
90 great extent On the ground that
the plaintiffs had failed 10 show that
they were suffering any damages by
reason Of the act Of Treasurer Wright
in issuing the Primo licenses,
stu More Inconsistent.
HaAEf sN.illAlhN tIipfal va Ahl AtdS
urer Wright yesterday morning.
1t is set forth. said Judge sill
man. that the petitioners applied to
TREASURE Wright for a license at
$3.50 per year to sell malt liquors
made in Honolulu, when they already
held a general license to sell any
kind OF liquors. the Honolulu malt
liquor included.
The petitioners were prevented
from paying $3.50 more for a license
20 DO something which they already
had the right TO do. under a license
FOR which they paid $1,000 per year
This would seem to lay the foun-
Gation Tor a mandamus proceeding
TO compel Treasurer Wright to issue
the license which was refused. rather
than 10 prevent him issuing malt H.
Cepses TO others.
Want Lesdpipe cinoh.
The plaintiffs in this case ar try
ing to perpetrate monopoly They
want 10 insure a leadpipe ciuch by
keeping ont the competition Of those
70 whom the malt liquor licenses
have been issued.
United States District Attorney J..
! Dunno attacked the Hawaiian stat
ute as contrary to the laws Of the
United States and as discriminating
against brewaries on the Mainland
Attorney \. 6. NJ Robertson ap-
reared for the plaintiffs also. saying
that the statement Of Judge Silhman.
that the plaintiffs licenses already
gave them the right TO sell Primo
as well as Mainland beers. was cor
rect only as applied 70 one Ct the
plaintiffs Robertson also contended
that the Hawaiian law was a plain
discrimination against Mainland
brewerieS
The Term at Hilo.
After q successful term in the
Fourth Circuit Court. Deputy Attor-
ney General Cathcart has returned
from Hilo on; OF the ~ cases on
the criminal calendar thirteen indict-
meuts were against one man. In
only three Of the cases were yerdicts
OF not guilty returned
Ming Hem. a Chinese. who put
Paris green in a teapot at a camp
near Hilo. was the man against whom
there we're thirteen cases. The grand
Jury indicted him thirteen times for
poisoning he was convicted on the
hrst count and sentenced 10 ten
years imprisonment at hard labor.
The other twelve cases against him
were thereupon nolle pressed.
Watson on Damages"
Many Of Honolulu's lawyers have
added TO their libraries new book.
Archibald Robinson Watson OF the