The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-11-21
Triangular Scrap Over Aloha Alma
Transfer Develops Some
Fine Points.
(From Thnrsdny Advertiser. J

(From Thursday Advertiserl
Announcing that he had helped draft
the existing liquor license law, which
gives the various boards Of license com
missoners almost arbitrary powers, but
that the law would not stand even a
fifteen minute test before the Supreme
Court of the United States as to its
| eonstitutionality, Judge George A..
Davis made a stirring plea before the
board of commissioners yesterday at
noon. He was not attacking the law,
particularly, and his announced belief
in its unconstitutionality was incidental
only to plea on behalf of a client,
\. lchiyama, who requests the transfer
to him of the cafe license now held by
Mrs klemme of the Aloha Alma, in
kakaako. 1t was three-cornered hear
ing the board sat through, with Judge
Davis arguing for lchiyama, Attorney
Ozawa arguing for Usui & Company =
right to secure the transfer of the
klemme license to them, and Judge
Humphreys arguing for the Anti-Saloon
League against the granting of either
petition.
Surprises Develop.
A number of surprising thinps de.
veloped in the course of the argument.
For one thing, Ozawa announced that
he had been advised by member of
the commission what to do in his course
IN pursuit of the license which had
twice before been refused Usui & Com
pany. Judge Humphreys opened the
way for an explanation by suggesting
that Ozawa must have misunderstood
but no member of the commission took
advantage of this2t explain how Ozawa
could have grounds for his statement.
Senator Wirtz took hand in the pro-
ceedings, not officially as Il senator or
as chairman of the civil service COM
mission but as layman adviser of Mrs.
klemme, and he and Judge Davis had
verbal battle. George w. Patty. agent
OF the Anti-Saloon League, entered n
general objection to the two petitions
in and also took exception to the high
value placed upon the Klemme license,
for which the two parties stood each
willing to pay $500, and on which, as
option money, each had already put up
| $1,000.
"What value has this license any.
how!' asked Patty. "lt has only few
months to run and | contend that it has
no property value whatever. -
cit has all the value of vested
right, said Judge Davis, but took that
back later and claimed that the value
consisted in the goodwill of the busi.
ness.
The main point in the whole discus.
/ sion, and the one which the commits.
sisners finally decided to refer to the
attorney general, was the right of the
commission to allow the transfer of a
cafe license and in the transfer reissue
it as a wholesale license. That the
commission had no such right under
the law was the issue raised by Judge
Humphreys.
The situation, so far as it could be
untangled, is this: The commissioners
have renewed the Klemme license ON
the grounds that Mrs. Klemme should
be allowed adequate time to dispose of
her business, 1t being against the policy
OF the board to grant licenses to women.
She gave Charles Chillingworth a ten
days option, which Chillingworth trans
ferred to Davis as attorney for Ichi-
yama. On the eve of the expiration of
the option, Davis paid down $1,000, to
be counted upon the purchase price. in
the meanwhile filing an application
with the board for a transfer of the
license, his understanding being that
the deal would be completed when the
board acted favorably.
Patty Would Cancel License
Wirt2, who represented Mrs. Klemme,
had different idea and stated that the
deposit mast be regarded as forfeit
to which Davis took vigorous exception.
Then WiItz declared the option can.
celled aud gave Usui x Company an
option, taking $1,000 down, and ON the
strength of this option the latter cor.
poration applied for a transfer of the
rlicense, announcing that they regarded
the issuance OF wholesale license 10
them for "A business To be conducted ON
River street as logical aud So be regard.
ed as the transfer of cafe license now
in force in KukaakO.
The petition of Achiyama is also for
a wholesale license aud when Patty filed
his blanket objection Chairman Castle
asked him whether, from the stand.
point of the AntiSaloon League, n
Wholesale license could Ice regarded as
as bad as cafe license. Patty con.
fessed thar be- thought the cafe license
the worst, bat offered way out.
'Tlw license has only until june "a
ran, be- said. "l.st Mira. klemme
keep hor lireuse until Il is pau anl theu
let the board refuse 10 renew H.
The average length of life, il h stat
81. Tosn from alh Nean in the siN
leenth erntuN 10 iulg years iu the