Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-03

ties, passed by the second Legislature
of the Territory of Hawaii
Chapter SO in Title V of the County
Act relates to alcohol and provides
that the tax collector is hereby au.
thorized to grant to any holder OF a
license to sell poisonous drugs, II.
cense to sell methylated spirits and
alcohol; but Chapter 80 Of the County
Act relating to intoxicating liquors.
provides that all powers relative to
the issuance of such license heretofore
exercised by the Treasurer of the Ter
ritory Of Hawaii shall hereafter be ex
ercised by the License Collector Of the
County In which 1t is proposed to car
r, on such business
"As these two provisions OF the
County Act conflict with each other, 1t
might be supposed that the bill In
question Intended to repeal the latter
provision. we're 1t not for the fact that
Section OF that bill provides that the
County Supervisors shall act upon all
applications for such licenses. and II
they approve of the same they shall
direct the License Collector to issue
such license.
Here at once are two conflicting
provisions. one of which makes the
Tax Collector the authority to issue
licenses for the sale and manufacture
of liquors. while the other gives the
License Collector the same authority.
after being instructed to do so by the
Supervisors.
Moreover, there is no Act Of the
Legislature entitled An Act to provide
or the organization and government
Ct counties. as described in Section l
OF the bill in question, the title OF the
County Act being An Act providing
for the organization and government u,
counties and di5,rictS, and the manage.
ment and control OF public works an"
public institutions therein
with reference to this objection |
beg leave to state that IL was the in.
tention Of the liquor bill to have liquor
licenses issued in accordance with
Chapter 80 of the County Act as It
stands at present. but which was In
tact Chapter &c of the County Act at
the time the liquor bill was introduced.
Chapter SO OF the County Act as intro
duced, and Chapter IS as passed. is tho
general provision relative to the issu'
ance of licenses, providing for the
form thereof. and in what kind OF
books kept, etc. When the County
Act was changed by striking out q
certain chapter, and making Chapter
rs what was formerly Chapter SO. the
liquor bill should have been amended
accordingly. but this amendment was
not made. The Governor In his sec.
ond objection is therefore to some ex.
tent right, although | do not wholly
agree with him that for this reason
the bill should not have been signed.
The liquor bill itself states, Save as
otherwise herein provided, licenses for
the sale and manufacture Of intoxicat-
ing liquors shall be prepared and deliy-
cred In the manner specified by Chap
ter 49, of the County Act. The bill
in which application for a liquor u
cense should be made, how 1t should
be acted on, and by whom issued, thus
covering completely the application
for and securing OF the license; being
a later Act than the County Act, 1t
would OF course govern, and II cannot
be said that there are in II two conflict.
ing provisions. one of which makes the
Tax Collector the authority TO Issue H.
censes for the sale and manufacture
OF liquors. and the other the License
Collector. The bill says specifically
that ai matters relative to the issu.
ance OF licenses shall be as provided