The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-25
SOME SHARP
TALK BEFORE
LICENSE BOARD
Proceedings Take More the Form of
a..ReaI Hearing--Hot Shot
for Joe Clark.

owners of property within 1000 feet OF
the place.
The F&hmarket policy of the Board
came up next for some discussion. with
A. G.. NJ Robertson representing Pans
Lum Now, King and Kekaulike streets,
and Pang Chang Kee, No. 157 North
King street, attacking it. These two
saloons are on King street within the
Fishmarket dead line which the Board
has informally, at least, drawn. Rob-
ertson began by saying that he UNDER
stood the Board had adopted a resolu-
ton that it would grant no licenses TO
saloons within certain distance or
the Fishmarket, distance Wnlch IN
cluded these two saloons. Yet license
had been granted to Frank Harveys
saloon, and he understood one would
be granted to McTighe's saloon, Wnlcn
were but a few PAGES farther away
from the Fishmarket than the two in
question, and in point of time not more
than half a minute farther away.
This Board is pretty near the aroi~
trary line when it draws an arbitrary
line. Tt is not a question of location,
but of the conduct and management
of saloons. A saloon just across the
street from the Fishmarket, If selling
good liquor and properly conducted
will be less detrimental to the commu~
nifty that one a block away from the
Fishmarket selling bad liquor and SO
conducted as to encourage pfohlgacy
and drunkenness. This Board is given
discretion under the law, but it Is q
legal discretion and not an absolute
power of caprice. 1t can grant and
refuse licenses on grounds of pubic
policy. But there is no reasonable pup
lie policy in a rule fixing an arpl-
trarv line on one side of which sa-
looms may be granted and on the other
not. without paying any consideration
to conduct and management. Has there
been produced any evidence that the
drunken men reported as congregatlng
near the Fishmarket got their liquor
at these saloons near the Fishmarket!
Thev come from all over town, and
bring their intoxication with them,
venture to say"
According to that suggested
Chairman Ba1lentyne, we ought TO
close up all the saloons
1T wouldn't make any difference TO
me personally replied Robertson, IF
you ola, anu suppose ~ "oS-A- =
the members of the Board.
There was "a laugh at this sally.
II maintain" continued Robertson
chat the Board should grant license
to every applicant against whom there
are not specific charges of misconduct
and improperly such as the Board mas
had in one case before it this after
noon, and then should hold each 1ceh-
see to good conduct in his business.
.sWouldn't you have any regard Tor
public opinion ?" asked Lucas.
"Will you tell me what is puphc
opinion and where you will get it?' re-
piled Robertson.
s.I have inquired around good deal
and I think the people generally favor
keeping saloons farther away from the
Fishmarket," said Lucas.
taThere can be no doubt said Chair
man BalIentyne, that public opinion
is strongly against saloons near the
Fishrnarket, and the first duty of the
Board is toward the public and not
toward the saloon-keepers
rs it arbitrary action when we are
irving to do what is best for the pup
lic?' said Lucas.
..Tbe Board takes up each applica-
tiOn separately, coHt4iueo SiieAii A1iN,i
Ballentyne. .'and considers them on
their individual merits. The action
in regard to limits was general Dec
laration of policy made so that each
man, knowing the policy of the Board'
could decide for himself, Whetner ne
wanted to go to the expense or naklils
an application if his proposed place
of business was outside the limits thus
defined, which was not necessarily
hard and fast rule. but declaration
of a general purpose.
Robertson declared that the Boaro
had only a legal discretion in TINS mat
ter and that it must act along reason
able lines. and that when 1t adopted
regulations or policies that were not ac-
cording to reasonable discretion, they
would not stand the test OF the raw
and the courts.
The next controversy arose When the
application of T. Kodani for saloon
license at Halawa, about two mics
from Aiea, came up. Z, w. Ashioru
represented the applicant. he sala
that he had understood that the Boafo
did not propose to grant licenses 70
men who had not held them before
or for saloons where there nad peeh
no saloons before. IF this Were SO ne
believed it a policy not warranted Dy
the law. The legislature had the pow
err to prohibit the traffic, but 1t hau NOT
done so. Therefore every applicant
and every community had an equai
right with every other applicant OF
community. The Board could exercise
a judicial discretion. but 1t couid not
Continued on Page Seven).