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


| November last, which renewal W
on about December Q a "Deale
Holmes at Honokaa, Hawaii, anC
issued to P. \. Dias, at Waipahr
Treasurer of the Territory stated
Germ had been refused ION genera
did not think these tdealer's l1cen
On December goth, 1904, the Gov
ernor of the Territory stated in an in
terview: that no complaints had been
received as to the conduct of the Kau
| Wine Co., Ltd, business at Honuapo:
and declined to give any reasons for
refusal of license: that in the opin-
ion of the executive it was not in line
of public policy to grant Dealer
| Licenses for the Island of Hawaii:
| that the executive did not wish to
grant any new licenses for the Island
| of Hawaii until after the meeting OF
the next legislature: that if the kau
Wine Co, Ltd, had any right by law
which was predicated on formal or
written refusal by the Treasurer Of the
Territory to grant license 1t was the
policy of the executive, for public
reasons, not to give such written re-
fusaI, so that even that right could
not be exercised if it existed; that
since the granting of the Dealer
| License to Nj. V. Holmes at Honokaa
| Hawaii, new information had been re-
ceived which prompted the executive
| to take this position with regard to
| licenses on Hawaii: that the execu-
/ tive would listen to no arguments from
| the Kau Wine Co, Ltd, why their
| application should receive favorable
| consideration.
| On December 28th, 1904, the Kau
Wine Co, Ltd, We're informed by the
Treasurer of the Territory that Sheriff
Andrews of Hawaii had made a report
/ by wireless which report was substan-
| TALLY as follows:
| "Kau people oppose retail license
prefer dealers license if under proper
regulations. Please issue dealers IL
! cense Honokaa, and Kau without re-
| strictions as to whom they sell or kinds
of liquor if they will sign agreement
| to keep honorable records of sale both
| cash and credit, to whom sold, kind
| of liquor, etc, subject to inspection by
| Sheriff, Deputy. or any police officer
Then can handle Illicit sellers"
In an interview on the same date,
| to wit: December 2Sth, 1904, with the
| Treasurer Of the Territory it was sub
| mitted by the Kau Wine Co, Ltd,
that the requirement in the Andrews
telegram, just mentioned, as to books
of account open to inspection by police,
would not materially assist the police
in suppressing illicit selling, as it was
no crime to purchase liquor, and that
the Government would still have to
cySaniGoa1Ix- Of
I before a conviction could be secured.
The Treasurer of the Territory there
upon stated that he did not think the
Governor would insist on such provi-
sion as a condition to the issuance of
the license
On December Both, 1904, a purported
interview with the Governor of the
Territory was published in the ''P. c.
Advertiser" in which it was stated
that the Governor refused to issue a
license to the Kau Wine Co. Ltd, for
reasons stated in the article. No no.
LITIGATION by the Treasurer of such re-
fusal was received by the Kau Wine
Co, Ltd. On the afternoon of the
same day upon inquiry at the office of
the Treasurer the Kau Wine Co. Ltd,
We're informed that their application
for either a Retail or Dealers License
had been denied
It is submitted, that the discretion of
issuing Dealers Licenses" is vested
solely in the Treasurer of the Terri
tory, under Section 431 of the Penal
Laws of 1897, and Section - of the
Organic Act: that the Governor of
the Territory has no authority or dis
erection therein either expressly or
implicitly. That any action of the
Governor in dominating the issuance
of Dealers Licenses" is an unwar-
ranted assumption of power not au-
thorized by law. and is unlawful
Congress in its administrative pow
ers over Territories has given to this
country certain laws No sense of
duty to the chief executive of the Unit
ed States, to this community. or to
self. can countenance a disregard or
infringement of these laws under any
circums stances whatsoever. No pur-
pose, however high, can condone an
attempt to deprive a citizen of the
Territory of the privileges and rights
of such laws. Under these laws a citi-
zen is entitled to the exercise of in
GividuaI discretion by the Treasurer
of the Territory in regard to the is
Suance of Dealers Licenses. 1t mat
tiers not whether such discretion can
afterwards be questioned or not in
court under the decisions of the Ter
ritorial Supreme Court.
1t is further submitted that the Gov