The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-03-26

TINS morning appears an article headed:
Liquor Bill Amendments. Digest of
Changes Made in the Pending Meas
ure, which purports to set forth in
substance the amendments of the pres
ent liquor law as passed by the Senate,
known as Senate Bill No. 29.' AnG
to this statement appears
summary of alleged Objectionable
changes which viii be affected by the
amendments
In order that the purpose and effect
OF the amendments be not misunder-
stood We respectfully ask at your
hands sufficient space in your publi-
cation IN order that we may explain
the amendments, and their effect, and
point out what we consider to be in
accuracles in the article referred to.
The article sets forth first in respect
to Section 4 that the amendment in
defining the powers of the Board of
License Commissioners leaves out in two
places the words - discretion thus re-
stricting the board in the use of its
discretion III granting or refusing IL
eenses. The amendment of the see
tIon also eliminates the following
phrase: subject only to the innita-
tions and directions in this Act con
tanned and substitutes subject to the
provisions and directions in this Act
contained. y
The statement as to what the amend
ment Is IS correct, but the assumption
as TO its effect is decidedly inaccurate.
Section - Of the present Act should
be considered in order to appreciate
the effect of the amendment of Section
4. In order to understand any law all
the individual sections of the law must
be considered together. And no one
section can be seIeese led and a correct
understanding arrived at without con-
sldering the provisions of all the other
sections of the same Act. Section n
provides for the procedure upon the
hearing OF an application for license.
BY that section ii IS made mandatory
that the board refuse the License in
case ma oritg of the registered voters
of the precinct g have duly filed or
caused 10 be fled their protests against
the granting or renewal of the license
applied for, or, if it shall be made to
appear to The board by any protester
that the necessary written consent of
property holders has not been fairly
obtained and filed as required and in
tended by this Act, or if there appear
any other disqualification under this
Act And then the section uses the
specific language, $ otherwise the Board
may in its discretion grant or refuse the
same.
The elimination of the words 1sand
discretion IN Section is made neees
sary by the provision of Section Is of
shall be deemed an issuance of IL
cense.'
Consequently. considering Sections
and Il together the effect of the amend
ment actually is that the Board in re-
spect to applications for licenses in the
first instance possess all the power and
authority and discretion previously re-
posed in II by the Act.
The change of the words subject
only to he limitations and directions
in this Act contained to the words
"subieet TO the provisions and direc-
tions in this Act contained has the
effect simply OF removing all doubt as
to the powers of the Boards of License
Commissioners, and placing that power
within all the provisions of the Act.
The additional words at the end of
Section i, - except as herein provided >
refers 10 the additional added section
35a in respect TO appeals, and Its de
sign is only for that purpose The fore
going remarks dispose of the question
of what discretion exists under the
amendments IN respect to applications
for licenses IN the first instance, and
the ma .ural question which now arises,
therefore, Is what power remains under
the amendments IN respect TO the re-
newals Of licenses.
The article referred TO contains the
statement that TINS makes it obi
catorv upon the board to renew IL
censes. regardless of protest. This IS
ret 50. And an examination of Section
"A. already referred to, bears out this
statement. The local option feature IN
respect to applications for renewals OF
licenses still remains. Irrespective OF
the good or had conduct of the licensed
business a majority of the registered
voters OF the precinct IN which the IL
censed premises are situated, as well as
the adjoining property holders, may pro
test against the renewal of the license
and ii such event the Board has nc
discretion but TO refuse the renewal OF
the license and no appeal could avail
the applicant upon such decision OF
the board.
Our Association IN attempting to Sc
cure such legislation is in accord Will
what appears TO be the popular desire
that in the case of applications for II
censes m the first instance the DIS
erection Of the board be unhamperet
and without limit. This the amend
ments OF Sections and 24 secure. The
boards under these amendments car
arbitrarily or otherwise restrict tht
number OF licenses as they deem besf
for the interests of the community
! But the Association is unqualified
against any condition of law which per
mifs board to arbitrarily refuse re
| newal Of license where the hcense'
has pronerlv conducted his business an'
no protests are fled by either the regis
tered voters of the precinct or the ad
Joining property holders.
Therefore. the statement as CONTAINED
in. paraaraph 5 of the summary of oh
;eetions that Boards Of License Com
| missioners are compelled to grant new
| - SuanrrpPf