The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-02
PACIFIC CLUB
HAS TO PAY
Subject to License for
Sale of Liquor to
Members.

1
saloons. That, in effect, is the gist of
the opinion given by the Attorney Cen
eral to the Governor on Wednesday
afternoon.
Il am not just sure what course will
be taken by the club said Governor
Carter yesterday. "Of course the law
must be enforced, and the High Sheriff
will demand the payment of the
license"
After that, it viii be up to the Pa
cific Club to act. 1t may be that the
club will permit the arrest of one of
its members and thus carry the case
to the highest court. 1t may be that
the club will pay the hcenseg and say
nothing more about it-although that
is hardly likely to be the course taken
/ Lastly, it may be that an arrangement
will be made by which the matter can
be carried directly to the Supreme
Court on an agreed statement of the
facts. And this is much more likely
to be done.
There is line of decisions both for
and against the payment of license by
clubs selling liquor, according to the
decision of the Attorney General. so
that each State and Territory seems
to be law unto itself in the matter.
1t will be for the Supreme Court, |
therefore, to rule which line shall be |
followed The opinion of the Attorney |
General follows:
Honorable George r. Carter, Governor
of the Territory of Hawaii.
Dear Sir: In answer to your request /
of November 10, 1904 for an opinion
as to whether under our Liquor Laws
the Pacific Club can sell liquor to its
members without obtaining a license
therefor, I would reply as follows:
Section 444 of the Penal Laws pro-
vides that any person other than the
agent or servant of a person thereto
licensed, who shall sell or dispose of
any spirituous liquor within the Ter
ritery or shall cause or authorize
therein any spirituous liquor to be sold
or disposed of by any person employed,
hired, or engaged for such purpose
without being therein authorized by
license as in this Act provided, shall
be punished by fine and imprisonment
as set forth in the statute. There is
no question that under this definition
a club is a person.
The Pacific Club is bona fde organ
ization, Incorporated FOR 1.-THE purpose
of promoting friendship and mutual ex-
change of opinions among its members
and providing a place for the reception
of strangers, travellers and residents of
the Territory
1t is admitted that the purpose of
the club is not to sell liquor for gain
to its members or to others; it is also
admitted that it does as a club, buy
spirituous liquor and sell the same to
its members without having obtained
any of the licenses required by the
laws of the Territory necessary to al {
low the sale of Intoxicating and spir-
ituous liquor
The question contained in your re-
quest for an opinion resolves itself into
whether under our laws bona fide
club can sell liquor to its members
without obtaining a license therefor
This question has receiSed the atten-
States and Territories, but a hopeless
conflict of opinion has been the result
of the various declsieus il
The following courts have held that
no license was necessary: Montana,
Massachusetts, Tennessee. Missouri,
Texas, Pennsylvania, New York and
South Carolina; while Alabama Mich ,
igan, Maryland, New Jersey, Ken
lucky, North Carolina, Illinois and
Louisiana have held to the contrary.
In view of this conflict of opinion. ,
do not believe that it would be proper .
for the Government to allow the prac- ,
tice which has so long obtained. in :
permitting this club and others to con-
tinue to sell spirituous liquor, without ,
a decision from the Supreme Court as !
to what view the Territory of Hawaii 2
will take of this important question !
Our statute is clear and unmistaka- +
Bile in its terms; the language is i'm =
perative, and to quote from the case /
of North Carolina VS.. Neis:
THE fact specially found that the I
membership of the club is composed of I
gentlemen of the highest social stand g
ing does not throw any light upon the t
transaction, except that il may be 4
supposed that they have no
desire to evade the law, and by this t
proceeding wish merely to procure a
construction as to the legal nature OF S
this transaction. No set of men have s
any special privileges under our Con- I
stitutton. and the parties Interested /,
must pay license tax if other citf- b
zens pay it and be prohibited alto t
gether when others are prohibited Nor c
can it make any difference that no
profit was intended to be realized. but Y
that as near as possible the drinks are f
TO be furpi he'd at cost. Profit is not h
a necessary ingredient of a sale. IN /
deed, many sales are made at a less" e
The Government Of the Territory f
must uphold the laws UPON the statute !
BOOKS. and in order to protect its t
hcensed saioon keepers. as we'll as to f
enforce the laws fairly and impartially. E