The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-10-06

that we feel that an appearance be-
fore the board in answer to a formal
citation might be construed as an ad-
mission of the jurisdiction of the board
over the license of the company, and
as we do not wish to be understood as
conceding this point we must respect
fully decline TO enter an appearance.
1--WE trust that you will appreciate
that the refusal of the company to APP
pear is merely in pursuance of what
we have advised them to be a neces-
sary step for the preservation of their
legal rights, and is not in any way in
tended as an act of discourtesy toward
the Board of License Commissioners.
The contention of the brewery Is
that their license is territorial Ii
cense, issued in 1903 for term of ff-
teen years; that the law under which
it was issued authorizes the company
to do business anywhere in the Terri
tory; thas the law itself has since been
repealed, but the repaling acts have in
all cases reserved any rights which had
previously accrued. The company takes
the position that the act of 1907 is a
county act, which is not applicable to
its previous territorial license, and that
the authority of the Board of License
Commissioners in each county to sus-
pend and revoke licenses is specially
restricted to the licenses issued under
its approval.
Always Beer on Sunday.
With regard to the Sunday delivery
of beer to the sailors of the feet, the
officials of the company make the fol-
lowing statement:
~ oil
Sunday in accordance with orders re-
ceived on Saturday is one which has
been followed by the brewery for a
number of years, without raising OBJ
lection from any quarter. In fact, it
is understood that, in connection with
the closing of the hotel bars on Sun
day, all the leading hotels were for
mally notified by the Board of License
Commissioners that drinks ordered on
Saturday could be served on Sunday.
Too Much Though.
"The extent to which this practice
was carried last week was neither an
tieipated nor desired By the brewery,
nor was it realized that anything was
occurring out of the ordinary line of
business until flood of orders poured
in on Saturday afternoon. Even then
it was not realized that there would
be such an open display of the beer by
the sailors, which gave Honolulu the
appearance of being a wide-open town.
LAS soon sthis became apparent
on Saturday afternoon the cold stor-
age room was closed down, further de-
hveries refused. and money refunded,
although a considerable quantity of
beer, bought and paid for, was still
undelivered.
Few DRINKS.
"There was, of course, very little
actual drunkenness, as is usually the
case where beer is available to the ex-
cIusion of stronger liquors, but never
theless the brewery company has no
desire to countenance any such open
and wholesale drinking on Sunday, and
a resolution of it's board of directors
has been adopted which will prevent a
repetition of this occurrence in the fu-
ture.
"While the brewery does not claim
to be immune from reasonable regula-
ton by law, it has been advised by it's
attorneys that its territorial license,
issued for a term of fifteen years I'M
der the act of 1903. is not subject to
the powers granted in 1907 to the
Board OF License Commissioners for
each county, and, therefore, any action
taken by that board in reference to
the brewery, even if not opposed,
would be nullity.'
After the meeting Chairman Cooke
stated that the whole matter, as far
as the brewery is concerned, has been
placed in the hands of the attorney
generals department. If the attorney,
general shall decide that the brewery
comes under the supervision of the
! Board of License Commissioners. steps
viii be taken at once to make the
brewery pay for its violation of the
law. No steps will be taken until an
opinion is received from the attorney
general.