The Hawaiian gazette., 1902-02-18
PRIMO BEER
LICENSES
Territory Not to
Appeal, Says
Dole.
nrrom saturaay-. dalgl

II lie Territory. through ne officials.
will not take any action relative
TO the saloons now holding Primo
. beer licenses which Judge Fstee de-
4 clares null and void. according 90 the
opinion given TO Treasurer Wright by
/ Attorney General Dole yesterday. It
will not stand in the way Of an appeal
by the Honolulu Brewing Company
however but Treasurer Wright is ad-
vlsed that it Is not the duty Of the
Territory to prosecute such AN appeal
The Attorney-General in separate
opinion, given AT the request Of the
Treasurer holds further that he may
reissue the license 60 the Honolulu
Brewery unless action Is taken 10 pre-
vent Il.
Judge Gear in a separate charge TO
the grand jury, yesterday morning,
/ stated that the Primo beer licenses
/ having been declared void, the grand
/ jury should also Investigate these sa-
/ looms. IT is not unlikely that the plain
| tins in the case decided by Judge Es-
tee may proceed further against the sa
looms now being run under the $3.50 IL
censes even though the Territory takes
no action.
TERRITORY WILL NOT APPEAL
The following IS the opinion Of the
Attorney General relative to the Primo
beer saloon licenses.
Territory Of Hawaii
Office Of the Attorney General,
Honolulu, II. l.. Feb. "A, 1902
Honorable VIM. H. Wright, Treasurer OF
the Territory of Hawaii Honolulu:
Dear Sir:-l have TO acknowledge your
favor of even date herewith, in which
you say.
II would most respectfully ask for
your advice as to the proper course for
me 10 pursue I'm view OF the decision rem
dcrcd by Judge Egtce yesterday In the
matter of Messrs. Macfarlane & Co.
Ltd, ct al, ". william II. Wright,
Treasurer Of the Territory Of Hawaii, r.
Chapter i6 of the Session Laws OF the
Territory Of lS,S, entitled, sale OF Malt
Liquors Is unconstitutional and void
Prior to November oath, 1900, the Ter
rltory collected "A substantial part of it,
revenue under the Merchandise License
Act. 1t was so clear, after the reorgan
ization Of the Republic Of Hawaii as tn,
Territory of Hawaii. that this act cam'
. In conflict with the Constitution of this
United States, that enforcing 1t seemed
Ike collecting money under false pre-
V lenses; and as the Territory was thu
!, only party interested In enforcing it,
n felt it my duty to advise against any
" further attempt without waiting for thu
? adjudication of the courts.
The case just decided by Judge Estee
[ although IL may involve like questions o
. law. does not come before the Territorial
= government under like circumstances 1
. Is true that the Territory has an interes
In license fees, which may ultimately b,
increased or decreased by Judge Estee's
; decision, the natural consequences OF
, which would be fewer licenses at higher
rates. 1t is also true that the Territory
has a deep interest In minimizing tn,
evils of the liquor traffic. But If this
case were entitled according to the in
/, terests most directly involved. II woun
be, The General Liquor Trade of the Ter
ritory vs.. Honolulu Beer. Assuming tina
Judge Estee's decision declaring the Law
unconstitutional Is correct, and that ar
, appeal on that branch of the case !!
hopeless. stll the defeated party is legal
, ly entitled to appeal, both in regard e
the constitutional question and the juris
diction of the court l think the fac
that the Treasurer of the Territory Is tn,
nominal defendant gives the Territory M
+, moral right TO preclude the real defend
: ant from an appeal To the court of las
, resort. On the other hand, / think 1t /.
not the duty of the Treasurer or of tn,
Attorney Generals department to pros
ecute such appeal 1t seems to me thai
the wisest course, and the fairest to al
concerned, If an appeal is taken, is tC
await results, and, meantime. ISSUE NJ
more of the licenses in question.
Very truly yours,
T.. i. DOLE,
Attorney General
HONOLULU BREWERY NAY RUN