The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-03
BERRY ON THE
LICENSE ACT
HIS COMMERCIAL REPORT ISSUED
"WEDNESDAY TREATS THE LIE
GAL ASPECT OF THE MATTER.

@. II. Berrey's semi-monthly circular
issued Wednesday contains the fol-
lowing regarding the validity of the
county act.
The interest of the commercial bust
ness community of the Islands Just
now is centered in the license features
or sections Of the County Act. That
this law of the last Legislature is ack-
nowledged to be in jeopardy is the
cause of deep concern to merchants
throughout the group. On this account
wholesalers as a body and many of the
old established retailers are wholly in
sympathy with the movement to make
the county act a federal law. the move
ment which has eliminated in the
sending of Mr.. f. NJ. Hatch to Wash
ington to seek the endorsement of
Congress for the famous measure.
Since annexation the burden of "of-
fee" competition upon Hawaiian mer-
chants has became heavier and heA-
vier. 1t is a serious menace to a COM
merce built up during half a century
of earnest endeavor and not a few
tribulations. The number of outside
or mainland concerns doing extensive
business here simply with an office
agency has increased greatly. Sew
eral of them with local equipment
amounting to practically but a few
dollars and paying scarcely any taxes
at all are merchandising to the ev-
tent of hundreds of thousands of dol
lars annually. This in the field with
houses carrying enormous stocks. own
ing real estate and buildings and pay
ing heavy taxes in a word strong in
every way in the community.
The heaviest business interests here
are hoping that the County Act license
e.. la 40 IF
| tive in a month. 1t is urged that the
mere office wholesalers should not only
meet the fee demanded, but that as
! well they should pay income taxes the
same as the local men. Merchants
! of Oahu and the other islands feel that
! they have too long suffered from a
! practically subsidized opposition and
will welcome with joy the day of equal
| placing of ,.-e burdens the law places
! upon trade.
AS the legality of the license propO-
! sition has been doubted. The Report
! has secured an opinion from able coun-
| sci for the benefit of the island business
men. This is to the effect that the
! Supreme Court of the United States
/ has already passed upon every point
that could be raised in case question
ing the law. The matter came up from
:
wealth of Pennsylvania and has stood
since the year 1888. The case was
entitled "Pemhiua Consolidated Silver
Mining and Milling Company, plaintiff
in error, VS.. the Commonwealth of
: Pennsylvania. defendant in error" The
decision sustained the revenue act in
every material point at issue and has
served as the basis for similar law in
many states. 1t is anticipated that
some of the outside corporations doing
"office" business here will contest the
law. Sentiment in the premises is so
strong that a few local merchants have
declared that thew would be as fully
justified in resisting the collection of
taxes and licenses so many years laid
| upon themselves. The Supreme Court
of the United States held that the
| Pennsylvania Act was not in conflict
with the clause of the Federal con-
stitution vesting in Congress the pow
err to regulate commerce; nor with the
clause declaring that the citizens of
each state are entitled to the privileges
and immunities of citizens in the sew
eral states; nor with the fourteenth
amendment declaring that mo state
shall deny to any person within
it's jurisdiction the equal protection of
| the law.