Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-03-08


any business whether It be a privi-
lege or right, be placed in such a
position that upon the mere dicta of
five men that business becomes abso-
lutely a nonsaleabe asset. =
1t is this that the proposed amend
ments seek to correct. And the pres
pnt discretionary power in the Board
is'in itself ample justification for that
desire.
Let us next consider the power to
regulate and control licenses. Here
again the power is absolutely without
Limitation. In other words. every IL
censee during the term OF his license
may be subjected to endless inconve-
nience and expense upon the mere
within or caprice of a Board, charac-
terized by II as an exercise of its dis
cretionary power.
The power to suspend and revoke
licenses also stands upon the same
basis. Not only is licensee liable
to have his license suspended or re-
Noked upon his conviction of a viola
ton of any of the provisions of law
relative to his license or the proper
exercise thereof but also for any
other cause deemed sufficient by the
Board" In other words, the Board
is the sole arbIter of the existence
or continued existence of license.
Its word Is absolute.
| And fhic Attenuation a., rnanant O.,
the granting or refusal OF a license is
so great that licensee is absolutely
helpless. 1t may be rejoined that
whenever the Board unreasonably re-
fuses to renew licenses, or suspends
or revokes an existing license, that
the licensee has his remedy at law.
Let us presume that to be true. But
what is to prevent the Board, upon
action being taken by the licensee In
respect to the suspension or revoca-
ton of his license, should he prevail
In his contention, upon the expiration
of his license and his seeking q re-
newal thereof, from denying such re-
newal for the real reason that he has
feated the Board, but upon the stated
reason that II is for the best inter-
ests of the community that his IL
cense be refused"
Appeals, therefore, are proposed by
these amendments by Section 35A,
from the decision of Boards to the
Circuit Courts Of the same circuit. II
an application for a license or the re-
newal OF a license is refused arbi-
trarily, or n license Is suspended or
revoked unfairly, should right Of
appeal be denied? The rights of life,
liberty, and property are usually plac
ed in the protection of courts, and
disputes in relation thereto are refer
red to courts for determination.
Therefore Why should not decisions
of Boards be submitted to like deter
mination? The courts are above par
ty. saloon, or anti-saloon. And II
certainly cannot be said that courts
are less fair than Boards.
Objection Is made that the licensee
upon giving bond can continue the
exercise OF his license pending an APP
peal even though suspended or re-
voked by the Board. This Is a per-
fectly reasonable demand. The ex-
istence of business should not be
left In the absolute unlimited, and
: unqualified discretion OF any man or
set of men. The Legislature has by
law permitted the sale of intoxicat-
ing liquors. The business therefore
is a legal one; legitimate and enti-
tied to rights and fair dealing. Aud
1t is both unfair and un-American
that legitimate and legalized bust
ness should depend for its existence
upon the mere within of an officer oil
Board.
Restaurants under the existing law
are places where intoxicating Liquor
is sold with or without meals. The
Union Grill, the Royal Annex, tn,
Palace, and the Aloha Alma" today
are following the Interpretation Of
the Board for the County of Oahu
/, that liquor may be sold with or with
out meals IN RESTAURANTS.
BY the proposed amendments 1t Il
0 intended that the present law and tn,
Interpretation OF the Board exist onl.
as to hotels, but as to restaurant
D that no intoxicating liquor be sole
without meals on Sundays.
1t is a mistake to say that "th'
proposed amendment simply confert
upon n gin mill that extra priv
lege." The additional words consti
tuting the proposed amendment o
Section II and intoxicating liquors
. sold either with or without meals
J. are simply declaratory of what haI
always been considered to be tn,
meaning Of that section and intend
ed to remove all doubt as to the man