The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-07

to the extent of requiring a Dealer
to follow his goods into the hands of
his customers: nor make him in any
wise responsible for the disposition of
the goods by his customer. There is
no principle of law which under any
conditions can make a man responsible
for the torts of others except in Ger
tain well defined instances. No such
exception can be construed and APP
Piled 10 the relation between a buyer
i and seller whereby the seller can be
made responsible for any tortious act
( of the buyer done before, during or
after the delivery of the goods. The
police and courts of the Territory are
alone responsible for the correction
and punishment of offences against the
/ Liquor Laws.
! The Governor of the Territory can
rot require of the Dealer any more
| than the law requires of the Dealer
| IT, as stated in the purported inter
view with the Governor in the "Ad-
| vertiser" in the issue of December
Goth, 1904 the Governor has refused
the license to the Kau Wine Co, Ltd,
! because, there has grown up there a
condition whereby there is a large
Illicit traffic in liquor. and the Govern
ment Police have heretofore seemed to
!
! least have not COPIED with it, etc,
! but one deduction lies from this. The
! Governor, with no authority given by
! law as set out in section 1 hereof, is
making the Kau Wine Co, Ltd, suffer,
| because, as chief administrative Off
| Ger of this Territory he is unable to
! carry out the laws as to liquor deal
| ing. to suppress infringements of those
laws as to illicit selling: and, while
admitting his inability to cope with
! the evil, and that he has not COPIED
! with it makes this fault, or omission
/ of his, fall on the Kau Wine Co. Ltd,
which cannot and should not be held
! responsible therefor: and gives this as
! the reason why the Kau Wine Co,
| Ltd, should be closed up in business
though that company has committed
no fault.
morals, and safety of the people it has
| been universally held that the regula-
| ton of the sale of intoxicating liquors
| comes within the police power of the
| State or Territory, and that the State
| or Territory may impose such condi-
| tions upon the sale of such liquors as
| it sees fit, or prohibit it altogether
/ No person can sell intoxicating liquor
unless the state gives him permission
! so to do. Such permission is given by
! license In other words a license is a
, permission to do what otherwise it
! would be illegal to do. The charge for
, the license is not for the purpose of
revenue but for the purpose of control.
The Territory gives its permission
| by license to dealer to sell intoxicat-
| ing liquors. This license legitimatizes
every sale made by such dealer. =.
Of
| trary to law are made punishable Of
| fences by statute. These are penal
| statutes. This means that the admin
| istrative branch of the government are
| in duty bound to bring to book all Of
| tenders against such statutes through
| the machinery of the police. If that
| machinery is inadequ ate for any rea-
son whatsoever that is not the fault
OF man who sells liquor legitimately
under his license. Such a man has
nothing to do with and no concern in
heterogeneous of the liquor law by
persons other than himself What are
these penal statutes for? What are
the police for? 1t is absurd to attempt
| to attach any responsibility to a dealer
for an inadequacy in the law or in
| ability of the administrative depart
ment to carry out the law. The remedy
of these things lies in the remedy of
the law or remedy in the administra-
tive branch of the Government in car
rying out the laws if such laws are
now adequate.
The Kau Wine Co. Ltd, has stated
that it will cooperate in every rea-
sonable and practicable manner to
prevent the sale of liquor illicitly.
In order that its attitude may be
clear, and that hereafter it's officers
may not be wrongfully accused of dad
faith" such proffer of cooperation is
here defined.
First. That it will use it's best en-
deavors to promote the enactment Of
such license laws during the term Of
| the coming legislature. as will effectu-
ally accomplish the desired end, if af-
forded an opportunity of doing so.
Second. That such laws should not
contain any provision which would
limit the legitimate sale of intoxicating
liquors by a duly licensed person nor
impose conditions as to such sale by
which any responsibility will be at
tached to the holder of a license to
follow the goods after sold, or to see
to the disposition of goods after sold.
Should such conditions be inserted in
the law the value of the license would
be abridged. The effect would be to-
pTdclicdlly OeHIOTdIlZe the liquor DuSI-
ness through impossibility of honest
performance on the part of the license.
Third. The Kau Wine Co., Ltd. is
convinced that any effort to conduct
the liquor business on strictly moral
basis is as futile and absurd as it
would be to attempt to apply such a
standard as the basis of conducting
any other commercial traffic. Compe-
tition is keen, and all trade is neces-
sarily cold blooded and practical in
method, and whenever practical meth
DDS are departed from failure must re-
suit
Fancy a liquor dealer or any other
tradesman refusing to sell a customer
$50 worth of goods, on the inference
or assumption that such goods are to
be used for Illicit purposes, because
the quantity sought to be purchased
appeared to the tradesman to be larger
than could be reasonably consumed by