The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-01
LIQUOR LAW
ARBITRATION
Territory Loses the First
Two Cases Under
New Statute.

| hO SOiAASol iiA 5oNCIAIlclll IDS lO1
it's first case of liquor license arbitra
tion under the new license law. In
fact, the government has lost it's first
two cases, the first two cases submit
ted to arbitration. The cases are those
of H. Akona, who was refused a Ii
cense by Treasurer Campbell to sell
/ liquor in Waimea, on Hawaii, and the
case of w. c. Chock Hoo, who was re-
fused a license to sell at Kawaihae
The Board of Arbitration presented its
! findings to the treasurer late yester-
day afternoon.
The story is rather funny, and it is
whispered that the Parker ranch. which
has other trouble at the present writ
ing, was interested in the matter. Who
ever did it, the attempt to block the
issuance of the licenses seems to have
failed because it was undertaken with
a shade too much enthusiasm Under
the new law, passed at the last session
of the Legislature, a majority of the
voters in any voting precinct can pro-
test against the issuance of a liquor IL
cense asked for, and the treasurer is
then bound to refuse to grant the IL
cense. There is, however, another pro
vision in the law under the terms of
which the man or firm that has
hoo CO
test of the voters can demand
that the matter be submitted to arbi-
tration, the firm or individual making
the demand naming it's arbitrator at
the same time. The territorial
treasurer then appoints an arbitrator
on the part of the territory, Nnd these
two select third, the three making up
the Board of Arbitration. And the rul-
ing of the board is final
H. Akona, who does business at Wal
mea, and w. c. Chock Hoo, whose
place is at Kawaihae, each made ap-
plication in each case. came a protest
very numerously signed. Both the ap-
plicants do business in the Second Pre-
cinct of the Second District, on Ha-
waii, and in that precinct there are III
registered voters. At once upon being
notified of the protest, both men asked
for arbitration, and named United
States Marshal E. r. Hendry as their
arbitrator. OF course, the request was
granted. Un5er the law, it had to be-
Ard Treasurer Campbell selected ]. r.
Gait as arbitrator III behalf cf the ter
ritory. These two selected as the third
of the Board of Arbitration
United States District Attorney Breck
OnS.
When the arbitrators began to look
into the matter they found that of the
Ill registered voters in the Second Pre-
cinct of the Second District. the names
of 81 We're signed to the protest against
the granting of either license. This
looked like a prima facie case, because
81 made a clear majority of the vot-
ers. However. little further investi-
CATION showed that of the 81 who signed
the protest. fifteen had likewise signed
the application for license
That put different face upon the mat
Ter. and the arbitrators proceeded to
ind out whether the petition or the |
protest had been signed first Letters |
were written to the fifteen. and of !
hem thirteen answered that they had |
signed the protest against the issu
tnce of the license before they signed ,
he applications for them. And, on |
his showing, the assumption being that
he last signature expressed the will of
he signers, the arbitra tors held that
he license should be issued. because
'nly A of the III voters in the precinct
we're really opposed to the licenses.