The Hawaiian gazette., 1909-08-24
Local Merchants Aroused.

The Merchants Association and local
merchants received information by the
Mauna Kea of the arrest of their III.
nolulu representatives in H,lo and the
matter was Immediately placed in the
hands of A. G.. M. Robertson, attorney
for the Merchants Association, who
yesterday sent to W. +. Dillingham;,
vice president of the association, the
following letter:
Honolulu, 7. H., Aug. %, 1909.
The Merchants Association, Honolulu.
Gentlemen: The question which has
been submitted to me is whether a
drummer for a local house which holds
a merchandise license who solicits or
ders for that house in another county
in this Territory is subject to the Mer.
chandise Brokers license under Sec
ton 141SF of Chapter 102 of the Re-
vised Laws of Hawaii.
The section referred to provides as
follows:
Merchandise Brokers.-Every per
son, firm or corporation engaged in
the business of buying, selling, or
soliciting orders for goods, wares or
merchandise, either on commission as
broker, agent or salesman for either
the owner or consignee, shall pay an
annual license fee of One Hundred
Dollars. Provided, however, that this
section shall not apply to any. per-
son, firm or corporation engaged sole.
ly in interstate commerce or employed
solely by the United States"
SO far as i know the question has
not heretofore been raised, and It
might never have arisen but for the
enactment at the last session of the
Legislature of the law (Act Isl. Laws
of 1909 providing for the issuance
of licenses and the collection of license
fees by the county treasurers. And /
assume that it is by reason of that
enactment that the officials of Hawaii
county are now contendnJ that such
drummers are subject to the tax.
In my opinion the contention is un-
sound. Chapter 102 of the Revised
Laws and the acts amendatory thereof
are Territorial laws. The terms, condi.
tiOns and fees of the various licenses
thereby covered are and have always
been prescribed entirely by the legis-
lature. The act of 1909 has made no
change in this respect, and the amend,
ments providing for the issuance of the
licenses by the county treasnrers do not
make the licenses merely county H.
censes. The provisions contained in
sections and 3 of the act of 1909,
whereby ii is provided that licenses
which authorize the licensee to do bust.
ness throughout the Territory shall be
signed and issued by the Treasurer of
the county in which the principal Office
of the licensee is situated aid this view.
And | believe that licenses for the sale
of goods, wares and merchandise do
operate throughout the Territory to the
extent Of authorizing the soliciting of
orders through representatives. This
ought 10 be clear where the credit Is
given and the goods billed by the bust,
ness house directly TO the customer.
As initiating TO some extent against
this view Is the provision of section
1925 Of the Revised Laws, that, ok,
orpl as otherwise IN this chapter pro,
Videdi license granted Hereunder
shall authorize The carrying on OF the
business licensed only az the place in.
illealed IN the license coupled with
no fael That tho merchandise licenses
.ssnei ny Tho Treasurer Ut the city aud
oplly Of Honolulu pGrporl To author
ISn tho llconsoe 20 DO business Ia Homo
'ulu only, ON tho other hand, there h
nothing iR tho statute itself which
llnlls tho ulolHllon of a merchandise
lNphpN 10 any nne eonniY and, without
2QlhR INTO lnfiAef detail, ! state ny
'plplen 10 hp that p0dor WA Tbs eiIoum