The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-12-25
DEALS PLEAsAATON
PERMIT VITAL BLOW
Application BY Hotel Manage.
meut for Liquor license De-
cIared To Be Irregular
tTfom Wednesday Adveftlrer.)

f a..
Although the liquor license commits
zion took up the matter of the Pleasan
ton Hotel application for liquor per-
nit yesterday afternoon, and had the
opinion Of the attorney general regard
ing the validity Of the signatures on
the petition, no final action was taken
on the matter
Under the opinion rendered, the reti
ton Is short great many Of the sigma
lures required 10 order 10 comply with
the law. For this reason License In
spector w. r. Fenneh reported TO the
board that the applicant has not full
hlied the requirements of Section 2,
Act li9, session laws Of 1907, and rec
commended that no further action be
taken on the application.
Matter n Laid over
The Pleasanton management was rep
resented at the hearing by counsel,
who objected to this disposal Of the
petition, referring to that section in
the statutes which requires that due
notice shall be given the parties con-
cerned where the report Of the inspector
Is final. Chairman II. y. Lowrey inn
niediatcly disposed OF the technical OBJ.
ieeti0ns, bat said that as a matter of
ltlFncto 10 HI VdItlco maj attlou MOuAu
be deferred until the january meeting.
This, be said, would give the petitioners
ample time to check up the inspector's
lie correctness. This was satisfactory
and the matter went over by consent Of
the commissioners.
The license inspectors rerort says:
Il wish 10 call the attention Of the
= H.. L. II. A..
of the consent Of property holders were
Occurred and acknowledged March and
II, 1914, and I believe there has been
an unnecessary delay Of fling. l find
in checking the consent Of the proper
ty-holdefs that there are 169 persons
eligible 70 sign the consent. The con
sent fled bears eighty eight names. On
september -, 1914, the date Of fling
the application, twenty-nine of these
had lost their right to consent, by rea-
sou Of death, or otherwise ceasing to
be property'holdsrs
This leaves fifty.nine valid sigma
lures, as against eighty-fvc required TO
make the majority called for by the
statute. 1 therefore report that the
applicant has not fulfilled the require
ments Of Section 12,NAct 1l9, session
laws of 1907, and recommend that no
further action be taken in the mat,
ter -
Showing Must Be Made
The Pleasanton attorney had to be
content with this, and unless Manager
Duisenberg can show the board at the
next meeting that the inspector g ne
port Is erroneous and that there was
sufficient percentage Of legal sigma
lures upon the petitions at the date II
was fled, the case will be dropped with
out further action. Such dis osition
of the petition would, under the stat
rites, debar the Pleasanton Hotel from
receiving consideration on another APP
lhcation for period of two years
The opinion submitted by the attor-
fey general on the various points Of
, law submitted by the commission, Gov.
ers sixteen typewriter pages, and em-
braces all phases Of the questions in
Nolved One Of the most important
conclusions Is that the consent TO the
petition given by the signers, would be
revoked by lapse Of time, upon the
premises that as an offer comes to an
end unless accepted within reason.
able time, similarly the consent ex.
pressed by the signatures ends unless
made use of within reasonable time.
The attorney general does not att
tempt TO define inst what period con
stitutes a reasonable time in this ease
He says that the, liquor commission,
acting in the capacity of jury, should
decide this matter, after considering all
the attending circumstances after the
most thorough investigation of the de-
lay. G
Majority Must Consent si
Passing this point, the opinion says
that the petition must contain the con
sch. of the majority of the property
holders situate within 1000 feet OF the
premises, at the date Of fling the appli,
ration. Siglers may withdraw before
the fling of the petition, and the re-,
quisite number Of those conserving must
be had oR-the actual date Of fling.
The definition Of the term prop
crty-holder'' is gone into at elngth
BOOMERS and boarders within the pre-
seribed district arc AZ once disposed
OF, They are held not TO be property,
Lolders In any scnse Neither can tho
tity or territorial government grant
couscnt as owner of property within
the prescribed area.
The owner of a number of pieces OF
real estate within the license area has
only one vote in the matter. The value
of the property, its area, the number
Of pieces Of which IL consists; and the
value Of the interest of the property
holder have no bearing oa the matter,
~ in some states. A person holding a
life interest in property is an owner
within the definition shown above.
Tensnts and Heirs Independent
Tenants in common are separate hold,
ers and each may sign as he sees Ct.
The act Of one does not bind another.
Each tenant, who is a property holder
ltuder a l'ase-hold, may decide the mat
Ter Cor bimseIf. The matter on the
validity OF signatures where the parties
have subsequently died is settled by
referring to the statute which requires
the signatures of actual, not former
property-holders Such consent cannot
bind the heirs TO the property. a
The question of whether consent may
he withdrawn before the final hearing
on the petition is answered by citing
authorities for aud apainst this proce-
dure, While the withdrawing Of con.
A. 49, A / n b a. n