The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-03-27

the House of Representatives:
u Sir: Your Committee on Finance
TO which was referred Senate Bill %,
entitled. AN Act to amend Act 119
of the Session Laws of 1907, entitled,
An Act to regulate the, sale of in
toxicating liquors., and repeating Act
81 of the Session Laws of 1905 intro
duced by Honorable III. T. Moore, begs
leave to report as follows:
"The present law regulating the Ii
censing and sale of Intoxicating liquors
in the Territory of Hawaii is a com
plete and harmonious system. 1t is
based on the Canadian law, which is
recognized as one of the best known
for that purpose as proved by actual
practise and experience.
HsThe liquor traffic comes under the
regulation and control of the police
power This power has no reference
to any police bureau, or the men wear
ing the uniform and carrying the
badges of policemen. 1t means the in,
herent power which lies in the people
to protect the public summarily against
a great variety of threatening evils,
such as dangerous epidemic infectious
diseases, fire, riots, nulsances OF various
sorts, and protection of the public gen.
orally. This power may and often must
be exercised summarily, and the II ght
of appeal does not exist as constltu-
tional right. !.
s'The liquor men want the right of
appeal inserted in the law. The power
lodged with the commission is DIS
cretionary one. Where such power
exists, it is always the duty OF the
holder of the power to exercise 1T rea-
sonably; if not, there is always the
appeal to: >,
ss1. Public sentiment; which will
not long stand for such an arbitrary
exercise of the discretion as will prac.
tically destroy rights of property or OF
personal liberty of action;
go. Courts of equity, which have
the power to compel a reasonable exer-
else of discretionary power; and
"3. The Governor, who may refuse
reappointment to any Commissioner,
and who generally may exercise power
and authority over them.
s'This law in no sense seeks 10 ado
to and protect the rights OF the peo-
ple. but in defiance of such right ana
against public interests, would dlmln-
ish wholesome restraint and thereby
increase the sale of liquor
1.-THE appeal clauses, added to the
law by the new Section 35A, are partic-
ularly vicious. To illustrate: Ii a per
son convicted of crime appeals ne
is not by such appeal permitted to con-
tinue the offense; but by this law, one
who appeals from suspension zoe
instance) may continue and sell undeE
the suspended license for an indefinite
period.
"The bill proposes TO allow an ap'
neal by the liquor seller. but none IS
allowed the public. If the Commission,
fer instance, decides in favor of the
holder. and against the public interest,
why should the latter be debarred from
having the decision reviewed.
cit should be observed that by the
clause in Section "a, there is no hope
or chance of control in the case OF
present licenses. 'The board shall
grant the same (renewals). So here
we have class wholly outside OF con-
troll.
'.By the amendment to Section y
the Territory would lose in revenue the
sum of approximately $4,000 per year
which would result in a like benefit to
the liquor dealers.
ssYour committee believes that the
present law has worked well IN most