Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-12-23


the star-suIietin Of yesterday:
benefit OF real estate holders is point.
,, ed out in the Illinois case of People
VS.. Griesbaeh, previously cited. when
it decided that the consents OF real
estate owners who were paid to con
sent were void; and l have no doubt
that consents obtained in the present
case by paying the owner for any
depreciation in the value OF his prop
elty would be vuid. Those signing
stand in the position Of voters for
that particular neiohborhood and are
presumed to consf5er it's welfare and
not alone financial benefits to the par.
ticular individual voting. The legis.
Iature might we'll have given this
power to the bonafide residents in the
particular neishborhood or heads Of
families or some other class as is oft.
en- done; objections to these other
classes at once suggest themselves at
least to one who has seen the amount
Of litigation over whether a district
was packed" with so-calIed residents,
for the purpose Of establishing a sa-
loon. II may be that the legislature
considered the holders Of real estate
a. constituting a more reliable, stable
class than the mere residents, and
more ifkeIy>to vote for the real inter
est Of the neiqhborhood."
Lessees Included.
He declares that the statute clearly
includes 'lessees" as property-holders
and that this is regardless of term Of
lease Of details Of the agreement. He
ers are not holders of real estate n
any sense.
He also says that the statute gives
no greater privilege to the owner of 4
number of pieces of real estate than
to any other holder and that a les
sees signature is just as good as an
owners in fee simple. He declares
that value of property, number Of
pieces owned by one man or value of
the interest in the property of the
holder are not to be taken into con-
sideratfon. ..,. ...'
. He also holds that the territory or
county owning property within the
license radius" is not a holder for
the purposes of signing a consent to
the license, ...- 80
AS to withdrawing Ur consents, he
holds that the consents and protests
are to be counted upon the date of
hearing and the majority estimated as
of that time" This allows withdraw
ais of consent up to that time
TO conclude" he comments, ''the
application must he accompanied by
the consent of a majority of the hold
ers or the board cannot consider the
application; after this fact has been
ascertained by the inspector the board
must then proceed to give notice ac-
cording to Section %. The board may
then meet and proceed to consider the
application upon tits merits unless
there 10 an affirmative showing that
the consent ef a,Smajority OF holders
no longer exists, which can be shown
by the proteets that may have been
made; by tho withdrawal Of consents
tpermitted by the board) or by show
ing the death or loss Of the status Of
real estate holders Of the signers."
License "Prerises." ~
Referring TO the measurement of
premises, he holds as follows: 49,.
As the application desires a license
Tor the whole block and not for any
of the particular buildings within the,
block, the measurements must be
made according to the statute, from
the nearest entrance of the building
used for school to the center Of the
nearest entrance of the place in which
such liquor traffic is proposed to be
carried on. - +1a
The measurement should be made
to the nearest gateway or entrance
leading through the hedge surround
ing the premises described in the APP
plication. If the application had been
made for the privilege Of selling in a
certain building. the nearest entrance
would be the nearest doorway, al
though it might be possible for man
to get in by climbing through a win
dow or coming down the chimney.
Such places would not be considered
an entrance to the building as the
mere fact that there is hedge
through which It is easy to go does
not make every portion OF the hedge
an entrance to the grounds; as you
gentlemen know it 10 usually very
simple matter Especially for a man
with thirst to go over, under or
through most any kind Of fence but
the regular sateWays or avenues are
the entrances to grounds surrounded
by q fence" q