The Hawaiian gazette., 1909-11-19
COURT SPLIT
ON LAUNDRY CASE
Wilder Dissents From Opinion
Which Calls for a
License Tax.
fFrOm rhursday,s Advertiserl

supIcme CVuiI' yesterday AssVCiate
Justice Wilder dissenting, it is proba-
BILE that Sing High will sing lower in
future and meanwhile pay his laundry |
license like gentleman. Sing High, |
according to the Session Laws of 1907,
should pay twenty-five dollars for a
license to run his laundry and after
the case got to the circuit court, he
demurred to the charge, saying that
the act was unconstitutional as it de-
MED him the equal protection of the
laws, in contravention of the Four
teenth Amendment.
"The act Provides says the opin-
ion, 'that the treasurer may issue Ii
censes ito maintain and operate a
laundry, and dyeing and
cleaning works upon such conditions as
to location and otherwise as shall be
set forth in the license and that
such license shall not be issued ex
cept upon a certificate of the board
of health setting forth that the loca-
ton at which it is proposed to operate
such laundry :. is suitable for
the purpose. -
The opinion continues and says that
the act was probably not intended to
authorize the treasurer to impose con-
ditions for granting an application for
laundry license and it is only if such
meaning is clear that the act ought
to be declared invalid.
"We see no reasons says the chief
justice, "whv the legislature could not
properly regard laundry as liable to
be harmful to the public health and
in the same category as a lodging
| house, nor why the suitableness of its
location is not appropriately left for
| the board of health to determine. If
at any time the board, in determining
such matters, should go outside of its
legitimate functions in caring for the
public health and act arbitrarily it
could be required to grant the GER
| tificate.
Sing High demurred to the charge
on constitutional grounds in the lower
court and the case came before the
supreme court on reserved question.
| After considering the question as
above, the court decides that the de-
murrer should be overruled.
In his dissenting opinion, Wilder
says: "There is a clear distinction
between occupations which may be re-
garded as harmful or dangerous in
themselves, such as that of selling in.
toxicating liquors, and those which, like
keeping a lodging house or doing a
! laundry business, are necessary to the
welfare or convenience of the commu-
nifty, and which are harmful and dan
gerous, if at all, only because of the
particular way in which they may be
conducted. In the forK~-- 10 person
has an absolute right to engage; in the
latter all persons have an equal right
to engage. The former may be regulat-
ed or restricted to any extent, even to
the extent of prohibition; the latter
may be regulated only to reasonable
extent and with reference to the evils
to be remedied or avoided. Where dis
cretionary powers are placed in execu-
tive officers, there should be something
in the statute to guide or control the
action of the officers.
Promoter Liable.
Having taken the case under advise
ment a week ago, Judge Andrade yes
terday rendered a decision in the suit
brought by Wal Chou against Ho Fon
to recover $3.50. The decision is in
favor of the plaintiff and by virtue
of it HO Fon will probably have pilikia
muchly ON his hands.
Ho Fon is the promoter of the Sun
Chin Kwock Bo, Chinese newspaper
published here and incorporated a short
time ago. A hui of well-to.do Chinese
subscribed for the stock to get the
paper going and they have now come
out with statement that there is fraud
somewhere.
One of the subscribers was Wal Chau,
, who bit for the sum mentioned, and
after considering the evidence, Judge
Andrade considers the promoter liable
to him.
Ho Fon denies that he was the prin'
cipal promoter, but the manager and a
paid employee of the paper.
Long Distance Witnesses.
Attorney Glenn X. Quinn yesterday
. have the case of the Territory versus
Tom j. Quinn set over until March IL
: at ten o clock in the morning. There
e are several reasons why the continuance
is asked but chiefly Tor the reason that
= Quinn $ witnesses are not here.
The motion states that one of then
b is at present in New York and the
= other in San Francisco. Quinn is charg
] ed with needless driving, having whisk
r ed man off the running board of {
tram ear with his automobile and in
iured him. The witnesses he want
were probably passengers in hi
- machine at the time the accident hap
pened.
4 Courthouse Notes.
y Mary Borges has filed petition il
!. the circuit court for letters of admins
tration for the estate of her late hus
band Marianne j, BoTges, The estat'
v amounts TO $3.50, and will probably b.
divided between the widow, two daugh
tiers, aud four sons.
a Letters Of administration have beef
@ issued by Judge Robinson TO John Not
. for The estate Of Caroline Mott, lie ha
IA not been placed under bond,
N saburo koga yesterday changed hi
~ tl.a tu fl. fadarul naurf an aug az finn