The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-14

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a dla.umnlUHr ias imposed ht o.
State orrmi.nr o. the disldvaHiarn Hi
the products nf other States when ln-
PRODUCED into ihs nrfi mentioned
State ls ln erect o. regulation in rf.
strHlnt Uf commerce amonr the states
and us such is o. usuTaton of tle pow
er conferred hy the Constitution up0u
the Congress of che United states
q am therefore of the opinion that
chapter t6 OF the Session Laws of iSsS
now known as Part Y of chapter an of
the Penal Laws OF the Hawaiian lsl-
ands. 1897 entitled sale of Malt Liu-
uors. a. unconstitutional and void
Let the Injunction issue as prayed for
"ESTEE. judge"
NO MORE CHEAP LICENSES
There is considerable difference of
opinion as to Just what effect the dccis-
ion Of Judge Estce viii have on the To-
cal saloon situation one thing Is GER
tain, no more licenses 10 sell Primo
beer at $3.50 a year will be- issued 10y
Treasurer Wright. as ~ is particularly
enioined from So doing.
The vital question is as 20 the status
Of the present saloons under the Ii
censes which the court has declared
unconstitutional Neither Treasurer
Wright nor Attorney General Dole
would say yesterday just what steps
would be taken in the matter but for
the present, at least, the saloons will
h. allowed to run. The question of
what is to become of the license money
already paid is also a delicate one.
Each of these twenty-five saloon IL
censes means $3.50 to the public treas
ury. and If the licenses are of no effect
then part at least OF the fee would have
TO be refunded. Speaking of the matter
yesterday J. J. Dunno, who was attor-
ney for the plaintiffs in the case. said:
THE order OF the court declares that
the law Is unconstitutional, and | am
OF the opinion that the licenses fall
with the law. Every man selling Primo
beer today is violating the liquor laws.
for he is doing IL without license,
and could be prosecuted. The license is
Of no value whatever. as all acts by
virtue of an unconstitutional law can
be of no effect What further action
will be taken by the plaintiffs has not
been definitely decided, and cannot be
until this appeal question is settled"
Mr.. Dunno uId not believe that the
appeal would act as a stay of eXecu-
ton, but was not prepared To state eX-
actly what course would be pursued in
reference to the salOonmen already OPP
Grating under the license laws, which
had been declared unconstitutional. The
saloons holding these beer licenses are
outside Of the limits, and "A full liquor
license could not be given them, even
though the Honolulu Brewing co.
would be willing to put up the balance
to make up the $1,000 which other deal
ers must pay. II is likely also that the
act will be amended by the next Leg
islature so as to allow all saloons hand
ling only beer. foreign or domestic, to
come within the $3.50 limit In the
mean time there will hardly be any
prosecutions by the Territory against
those holding the licenses which have
been declared to be invalid The mat
ter viii probably be finally settled at a
conference today between Treasurer
Wright and Attorney General Dole.
PUBLIC OPINION.
Saloon men were generally on the
| qui vive yesterday when the news
reached them of Judge Estee's decision
with reference to the unconstitutional
ity of the saloon licenses which have
been issued by Treasurer Wright for
the sale of Primo beer. That the Hoo
nolulu Brewing and Mailing Company
was hard hit, as far as the decision in
itself was concerned, was generally
conceded, but most of those interested
in the brewery side of the question
| were optimistic as TO the outcome
They are OF the opinion that even II
the higher United States court to which
the case has been appealed, sustains
Judge Estees decision, IL will mean
that there will be an entire readjust-
ment of the law concerning the issu-
ance OF saloon licenses, ana they there
fore feel that the large amount of cap
ital which they have invested in the
| islands will practically be unmolested
in the end.
The members OF the Anti-Saloor
| League and church organizations
which have been opposing the increase
in the number of beer licenses. fee
that they have gained a partial vic.
| tory, as, pending the decision Of the
| higher court, the treasurer Is necessar-
| lily restrained from issuing more H.
censes. This will give the anti-saloor
| people an opportunity to carry OF
their fight against the liquor and beel
sellers without fear OF being under
| mined by counter movements OF theil
natural enemy.
When the proprietors Of the Prim,
beer saloons were apprised that the
| United States District Court decision n
the matter of licenses had gone agains
them, there was shock, but this wor,
! off when 1t was known that the cas-,
had been appealed, and that in case 4
went to Washington to the Unite,
| States Supreme Court, they could con
! tinue dispensing the local brew oyel
the counters for an indefinite period.
Judge Silliman, who defended th'
! brewery's interests, said that the cas-,
as 1t stood virtually put a quletus 81
the Honolulu Brewery. He was of tn
| opinion that the local Industry ha,
been given serious blow, but he fel
that the decision would not be sus