The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-06-15
CLUBS MAY OPERATE
BAR FOR MEMBERS
ATTORNEY GENERAL PETERS
FURNISHES ADVICE AND OP-
INIONS FOR COMMISSION.

There was a meeting of the Liquor
License Commission yesterday after
noon. Opinions from the Attorney
General relative to certain questions
was read. Attorney General Peters
was present in consultation with the
commission.
One of the opinions held that the
sale of liquor in clubs to members was
not prohibited under the new liquor
law. In another opinion the Attor-
ney General neld that the Commission
had the power under the discretionary
clause to grant restaurant and hotel
licenses to sell liquor, and at the same
time to refuse a permit to exercise
the license at all times after the clos
ing hours or on Sunday or on election
days.
Another opinion relative to the dis
erection of the Commission was as fol-
lows:
June 10, 1907.
Opinion 40. 524. In the Matter of the
Interpretation OF Section 4 of Act
119, Session Laws of 1907.
To the Honorable the Board of Lii
cense Commissioners of the Coun-
ty of Oahu, Honolulu, H. Il.
Gentlemen:-Your request for the
opinion of this department in the
above entitled matter has met with
my consideration and l beg to advise
as follows:
The right of licensing boards to ex-
ercise discretion in granting and re-
using licenses depends on the wording
of the statutes regulating the licensing
system. Under the local act subject to
its conditions and limitations, the
board may exercise it's discretion al
the grant, refusal, suspension or revo-
cation of licenses. This discretion is a
sound legal one, to be exercised wisely
and not arbitrarily or according to
caprice or prejudice. The term itself
implies that the decision shall be the
outcome of examination and consider
alton In other words, it shall con-
stitute the discharge of official duty
| and not mere expression of per-
sonal will An arbitrary disapproval
without an examination of relevant
facts expressing nothing but the mood
OF the officer, is not the exercise of a
discretionary power.
No better precedent can be followed
than that of Bradley V. Thurston. re-
ported in the 7th of Hawaiian Reports
at page 523. That case was an appll.
cation for writ of mandamus direct.
ed to the Minister of the interior tc
compel him to grant to the relator q
license to sell spirituous liquor In nj,
return, the Minister admitted the re.
tusal to issue the license, and alleged
that such refusal was for the reason
that he deemed it undesirable in the
pubic interest that retail liquor sa.
loon should be established or con.
| tinued in the premises for which the
license was requested and set forth
various reasons for arriving at such
conclusion. Obviously there had beer
an examination and consideration anc
bona fide exercise of discretion result.
ing in decision based thereon.
And the court he'd:
Having decided that the Ministe,
has a. discretion, we are also of tn,
opinion upon the construction of tn,
statute and adopting the authorities
cited and referred to that such dis
erection is absolute and is not sub1ec
to be reviewed or controlled bv th,
court"
rover to regulate and control is tt
be Interpreted along similar lines. pu
any and all rules and regulations mus
De reasonable and calculated only t,
carry out the purpose of the act. III,
foregoing is merely in the abstract +,
serve as possible guide. Whether tn,
grant or refusal of a license is the re
suit OF the exercise of sound discre
tion or rule or regulation is within
the powers OIL the BOARD under m
grant of power to regulate and con
troll licenses" depends upon each ind,
vidual case. The scope of Section
can only be realized as questions ar
decided as they arise
Hoping that the foregoing meet
with your request, have the honor l.,
be, gentlemen, very respectfully yours
e. C. PETERS,