Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-10-31
JAPANESE DRIVERS
SAYS SUPREME COURT
CAN HAVE LIvLNSES

The High Sheriff should issue GER
tifiCates of competency to Japanese as
hack drivers, even though the English
language Is not one Of their accom-.
plishments, says the Supreme Court
in a decision given today, Chief Jus.
ticc Frear writing the opinion, In part.
as follows:
This is a submission upon agreed
facts as substitute for an applica-
lion for writ of mandamus to COM
pei the High Sheriff 10 give the plain.
tiffs certificates that they are compe-
tent drivers, they being applicants for
licenses to carry passengers for hire,
and such certificates being required
by the statute as prerequisite to OBJ
tanning such licenses. The plaintiffs
had applied to the High Sheriff for ex.
animation and the issuance Of such
certificates, but the latter, after exam
lining them, refused to grant them
such certificates solely because OF
their imperfect understanding and
rendering OF the English language" 1t
Is admitted that the plaintiffs are 9th.
erwise qualified, and more particularly
that they understand the manage
ment of their horses and vehicles, un.
derstand the names Of streets and
prominent localities within tho said
district Of Honolulu, and, In the Jap
anese translation. understand the reg
ulations for carriages and rates Of
fare now In force" The High Sheriff
relies upon Secs. 80 and 1902 Of Act GA
Of the Laws of 1896 Up. L., Secs. 79l,
19D, which Is the General License
Act, and the 26th rule made under the
authority conferred by said Sec. i02,
Even II statute or regulation i'm.
posing a language test in cases of this
Kind would be constitutional. still II
would be OF such an extreme nature.
or so close to the line of unconstitu.
tiOnality that a statute claimed to 20
to that extent should no be so con.
strued except in clear case, or should
not be extended by construction be-
yond its plain terms. See especially
Tai Kee vs. Minister. IL Haw., at page
&c. The propriety of this view is par.
ticularly obvious when, as in this case
an attempt is made to impose the test
Of a single language, even though that
Is the English language, in city in
which by far the larger portion Of the
population consists Of those namely
Hawailans, Portuguese, japanese and
Chinese, who naturally speak Other
languages, many of whom can not
speak the English language to any
great extent, and most Of whom might
naturally desire to engage carriages
having drivers of their own respectiv,
uationalities.
Taken literally, the statute. in SC
far as II authorizes rules In regard Il
drivers, confines them to drivers who
are already licensed, and even II thii
provision should be more LIBERAL,
construed SO az to authorize rules II
regard to preliminary examinations o
applicants, such matters covered b,
such rules would have to be incidenta
to matters relating to drivers afte
they were licensed. This provision
contemplates rules regulating the con
duct of the business. and does not con
template rule Of such an unusual o.
drastic character as that now in ques
tion, discriminating by a preliminar!
language test who might be drivers.
The conclusion is that the Hlgl
Sheriff should issue the certificates II
question. Judgment accordingly.
Atkinson, Judd and Mott-Smith TO
plaintiffs; Lorrin Andrews, Attorne.
General. for defendants,
The best cream the Islands afior,