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DAILY BULLETIN r HONOLULU, H. I., MAKOH 16, 1880.
r.c J I in
Plained to .rit.
6Vc wor Patty,
r the benefit of all
SATURDAY, MARCH 10, 1889.
TETHERING HORSES IN STREETS.
A law of the kingdom says tlmt,
"No person shall hitch or fasten any
horse or animal in such n manner
that such horse cu animal, or the
appliance used for hitching or fast
ening such horse or animal, shall
obstruct the free passage along any
side or cross-wall;."
Violations of this statute arc com
mon. Liliha sti eut is reported to be
a favorite place for tethering horses
to the fences, especially nt night
IMPORTANT DECISION NY Till COL'l'T.
Supreme Court of tin Hawaiian Is
lands. In baiuo. Special term,
December, 188S. The King vs.
Aug. C. Fernandez. Ik-fore .Judd
C. J., McCull.v, Preston, Bicker
ton and Dole, !. J.
101 ht run Mit.
What right has the' Cabinet to
dictate to the King in relation to his
choice of a Chamberlain? Just as
much light as it has to prescribe the
King's diet, r to say who shall be
his cook, and no moie. The Cham
berluiu is the King's private servant
not a public servant and it is
impudence and ini'ieilincnee on the
part, of a minister or anybody else
to .interfere in his choice. If he
chooses to appoint a Zulu, or an Es
quimau to the position, that is his
business, and his alone.
Is there any truth in the rumors
about a conflict between the King
and the Cabinet, in relation to a
consular leprescnlathe of this king
dom at London? If it be true that
the King countermands the order of
the Cabinet in a matter of this na
ture, he oversteps the bounds of
constitutional right and wise discre
tion. The consular and diplomatic
service is properly in the province
of the Cabinet to regulate and con
trol, as much as the matter of the
King's private servants is purely a
concern of his own.
"Street talk" says that the lowest
tender has sometimes, or at least
one time, been accepted for govern
ment work, and then the tenderers,
discovering that the work could not
be done for the price offered, allow
ed to add on piivately to their ori
ginal figures. That is, bids have
been made, the lowest bid accepted,
and after being accepted the bidder
permitted to increase the amount of
his bid. "Street talk" sometimes
indeed, very often lies; possibly
it does- so this time: but I don't
think so. If this "street talk" is
right, that w ::me than I am willing
to concede 'n iet- ivncc to the Gov
ernment's :u .,! 1,1 the matter. To
be just and l.iu, lenders must not
be changed after being opened. If
the successful tenderer makes a mis
take, and tenders too low, he should
suffer the consequences of his mis
take, .or threw up the contract. In
the event of the latter contingency,
let the ' next lowest step in or new
tenders be invited. This seems the
only just and fair method of proced
ure in such matters.
The defendant appeals from a con
viction in the Police Court of Hono
lulu for keeping on bis premises in
Honolulu on the 5th of November,
1888, on King street, five gallons of
spirituous liquor to wit: ot Madeira
wine and beer, contrary to the pro
visions of Section 1 of Chapter 07
of the Acts of 188S, the defendant
being a licensed storekeeper.
The defendant admitted the facts
charged but claims that they do not
constitute a criminal offense under
the Constitution and laws of the Ha
The statute is entitled "An Act
to better prevent illicit trafllc in
Section 1 is as follows: "It shall
be unlawful from and after the pas
sage of this Act, for any person or
persons conducting or cairying on
any business or trade lor the carry
ing on of which a license is required
by the Government, or for any other
person except druggists, physicians,
and licensed dealers in spirituous
liquors, to have or keep or permit
on or about the premises where such
business or any portion thereof is
carried on, or where any portion of
the slock used or kept for such busi
ness is stored, any spirituous liquors,
except for the use of those engaged
on the premises, and which shall not
exceed at any time one-half gallon
of wine or beer, or one quait of ar
dent spirits. The definition of the
term spirituous liquors herein shall
be the same as is contained in Sec
tion 2 of Chapter LX1V of the Laws
It is strongly contended by de
fendant's counsel Hint the section
has no sensible and consistent mean
ing, and that the strict reading of
its clauses yields only absurdities.
It cannot bo denied that the sta
tute is so lacking in plain meaning
that it requires close examination to
determine what is herein enacted.
What scope and effect is to be
given to the words "for any other
person except" etc? If we make a
parenthesis about the excepted mat
ter the thing said is that no person
holding a license and no other pei
6on shall keep or suffer to be kept
on the business premises of a licensee
it bo said Uiat one who possesses
spirituous liquor being legal goods
in which ho docs not intent to trafllc
and in fact never docs traffic has
violated any law for the prevention
of tialllc? The title of this Act
docs not thereforo express the action
which is made penal by it, mere
possession without intent, etc. Ait.
77 of Hie Constitution requires that
every law shall embrace but one
object and that shall bo cxpiessed
in the title. The title of what is
enacted in this law should bo to pro
hibit the possession of liquor
and illicit traffic in it. A compari
son with other sections of the law
will show the necessity of express
ing that nu net, lawful otherwise,
must be dono with unlawful intent
any spirituous liquors. Druggists,
' Here the Arab dropped scrawl
ing, and rushed off to the races.
H. M. STANLEY IN AFRICA.
Mr. II. II. Johnston relates a
a story which strikingly reveals one
great secret of Mr. .Stanley's suc
cess in dealing witli the uncivilized
tribes of, Africa. On one occasion
Mr. Stanley went to meet on import
ant but rather unfriendly chief,
named Ngantshu, on an island iu
Stanley Pool. The chief came with
a 'great retinue and with his ances
tral fetish. This was a repulsive
looking thing, made of monkey's
skull and red clay studded with
cowries and hung with little bolls.
In it'Ngantsbu believed the spirits
of his ancestors dwelt, and ho
treated it with veneration and fioin
time 'to time poured wine upon it
and- placed cliewcd-up food In its
mouth. The chief introduced the
falislifo Mr, Stanley, rather an
xiUBjy.)Tlio average white man
would prpjmbly have laughed at it
and asked the chief why he believed
in.bucl' absurdities, But this great
explorer aont for a camp-chair und
respectfully place Jim fetish in it,
so ttiat Ngantbhu's ancestors might
be present a( the conference ; and
when lunch-time came and Ngant
shu put food into its mouth and
poured wine upon it, Mr. Stanley
did the same. The result was that
Jfguntshu signed a treaty und be
came for all time Mr. Ktanloy's de
voted friend, Perhaps by this time
the missionaries havo taught him to
forsako his wretched idolatry, but
they would never have had a chance
to do so had not Mr. Stanley llrst
tiealcd his faith with courtesy.
puysicians, and licensed dealers in
spirituous liquors arc excepted.
They arc not prohibited from keep
ing spirituous liquors on any licens
ed premises either their own or of
other persons. On the other hand
the licensee shall not permit airy
person to keep liquor on his pre
mises, druggists, etc., not excepted.
The most favorable interpretation
which will support the statute and
conform to the supposed intention
ot the Legislature, it being presum
ed not to intend absurdity, is that
these three excepted classes are ex
cepted from drawing the penalty on
one who permits them to do what
the law allows them to do, or we
may adopt the interpretation that as
the three excepted classes have pre
mises of tlicir own, it is intended
that they may keen spirituous
liquors on their own premises, mere
ly ly aPPb''n liberally the rule
reddendo sinyidu sinrtilis. Neither
of these interpretations is quite
satisfactory to us. But as tho case
before us does not touch anything
in this exception we may pass by
The counsel lor defendant con
tends that the latter part of the
section must be taken to mean that
it shall be unlawful for any person
except druggists, etc., to keep spir
ituous liquors on his premises un
less it shall exceed the prescribed
amount, but we do not find the diffi
culty in giving the second excepting
clause a reasonable meaning. It is
an appendage. If the sentence
closed with a period after "any
spirituous liquors," there would he
a total prohibition. Now there is
added "except (spirituous liquors)
for the use of those engaged on the
premises, and which (spirituous
liqurs) shall not exceed" etc. The
words wu have added in brackets
are not requisite to supply omissions
or deficiencies; what is "excepted
for use" can mean nothing else
than tho immediately preceding sub
ject, and the lclalive inoiioun re
fers to its noai est antecedent.
Willi the view that tho statute
coitainly enacts that the holders of
business licenses slum not Keep
spirituous liquors on their premises
exqept a specified nmnll quality for
personal use, is the Act unconstitu
tional? The first section is com
plete in itself so far as describing
und enacting a certain unlawful act.
The penalty for this U contained iu
tho sixth section which iu a general
way prescribes u penalty for the
violation of any provision of the Act,
there being sundry tilings prohibit
ed b. sundry sections.
What is prohibited In Section first
is (ho mere possession by licensees of
spirituous liquor without intent to
t radio iu it. But spirituous liquors
may legally be sold and legally
bought and possessed, This statute
creates a new, distinct offense. The
possession of liquor without felling
or intent to null has hitherto been
lawful. The possession without in
tent to traffic is not related to the
offense of illicit traffic. How van
in order to make it criminal, fccc.
2 prohibiting the forwarding of
orders with intent that tho spirits
shall be delivered to another person,
which is a trallic. Section 3 prohi
bits receiving into possession spirit
uous liquor with intent to sell, trans
fer or dispose of it to others. Sec.
4 requires that the shipment without
labels which is prohibited shall bo
with intent to deliver r trallic it to
third persons. And no one of the
three offenses hereby established is
committed without an intent to traffic
which must therefore be affirmatively
shown and which admits of defence.
We may also illustrate the differ
ence of this law from other legisla
tion and the specific novelty of it 03'
comparison with the Act ot 1882,
Chapter -II, Section ttfl, which has
been supposed to cover somewhat
eiiiilar ground. That enacts that
circumstances existing which tend to
show an intent to trallic, and a
traffic, such as some significant sign,
a fitting of a bar with its apparatus,
such as to induce a reasonable be
lief that there is a traffic and the
possession of more spirituous liquor,
than is reasonably required for the
use of persons residing on the pre
mises, shall be deemed prima facia
evidence of unlawful sale of liquor.
That is to say, that it is sufliccnt
proof, until rebutted, without evi
dence of particular sales. No one
is punishable without such evidences
of intent to commit illicit trallic. It
is a statute rule of cidcncc.
The law we arc now considering
establishes as an offense that which
is not illicit tialllc, under a title
which is confined to illicit traffic and
does not pxpre. the new offense. It
must be held thereforo that the fust
section contravenes Ail. 77 of the
Constitution, ami is void for this
Counsel for defendant contends
that the section is in conllict with
those Ai tides of tho Constitution
which guarantee an equality of
The operation of this Act is con
fined to one class of the community,
viz. : those persons whose buiiness
or trade requites to be carried on
under a license.
It is indisputable that the police
power of the State may lawfully be
applied to restrict uses of property;
when the wclfaic or safety of the
community requires it. But it will
be found that these laws aieof gen
eral and equal application. The Act
of 1882 which we have cited above,
applies to all persons. It is not only
the holder oi a store license, for in
stance, to whom the rule of evi
dence derived from circumstances
which lend to show an illicit traffic
is applied, nut equally any otner
person to whom such circumstances
The law restricting the storage of
kerosene applies to all persons so do
the laws relating to gunpowder, to
dynamite, giant powder, etc., the law
respecting nuisances and offensive
or corrupt substances, and they all
relate to articles and things which
the public welfare, safety or health
requite to be guarded, lestricted or
In our view the tenn "danger-
home-made non-intoxicating drinks,
require no license, although it would
seem that the evil to bo remedied
might as probably bo encouraged in
these as in licensed uusiuesses.
Whilo the police power may be
exercised severely within the limits
of what is for the public welfare and
safety it cannot bo considered law
ful to make arbitrary discrimina
tions, nor to accomplish other ob
jects under an unfounded declara
tion that they are within tho proper
compass of this power.
Mugler v. Kansas, 123 U. S. at
People v. Gillson 109 N. Y. 1)89.
In re Jacobs 98 N. Y. 98.
The King v. Latt Kin , Intely de
cided in this Court.
Mucler v. Kansas 1251 U. S. has
been cited as supporting the Crown
in this case. We think there is an es
sential difference in the cases. The
constitution of the State of Kansas
provided that "the manufacture ami
sale of intoxicating liquors shall be
forever prohibited in this State ex
cept for medical, scientific and me
chanical purposes," and the statute
provided that all places where such
arc manufactured, sold, bartered or
given away are common nuisances,
etc. The prohibition is total and to
all classes. It is obvious that rul
ings of the Court on such legislation
do not apply to the case where the.
liquor is a lawful commodity, and
to the prohibition of a certain class
of the community to possess it with
out unlawful intent.
It was submitted in argument by
defendant's counsel that a condition
to the effect proposed by this sec
tion might, if there were such a 'aw,
be added to licenses, with the pen
alty of a cancellation for bread).
In view of the. observations made in
the recent case of Wing Wo Chan
v. The Hawaiian Government and of
the King v. Lau Kiu this scrms very
doubtful, but such a cae is not be
fore us. the licensees find Uiat a
law applicable only to themselves
prohibits them iu a common right.
We consider that this is in contra
vcation ot the equal property rights
guaranteed by the first article of the
Upon these seveial considerations
we hereby pronounce section onu of
the Act in question void.
The judgment of the Police Court
is reversed, the defaudant acquitted.
By virtue also of the decision in
Wing Wo Chan's case the liquor
seized could not be confiscated.
A. F. Juno,
KlCHI). V. IJlCIlI'.UTON".
Attorney-General Ashford for the
Crown; A. S. Hartwell for the de
fendant. March 9, 1889.
Auction Sales by James F. Morgan.
JLIo JL o J
On AVtuliu-fuliiy, March ao,
AT 10 O'CLOCK A. 31..
At ilic residence of Mr. M. Loul sin.
King sheet 'on nerount or ilepinur-',!
1 Will SUIl at rilUlie ahuuuii,
His Entire Housoh'd Furniture,
Compiling in pait:
(A Splendid Instrument);
Cunlcr nail Sofa Bugs.
4.1tght Pendant Oliunilollers,
Statuary, Stcol Engravings
Large Mantel Mirror,
1 Handsome UpM Parlor Suite
Kluiiiv Ktngctu and Cabinet,
Lace l'intHin, 1). aperies,
L!!nol( Walnut Hat Sianu, .
1 Massive Black Walnut Bedroom Set.T
Spring ami Hair Maltinn,
HAVING TAKEN STOCK AND ARE OFFERING
All Goods at Greatly Reduced Prices !
SPECIAL BARGAINS OF
Remnants in All Departments.
.lust Received a Fresh Lot of
DIAMOND DYE BLACK HOSE !
FOB, ONE. WEEK
Leather Coveicil Lounge,
Plush Knsy Chairs,
Large Koa Wardrobe,
2 Blank Walnut Wnrdiobo,
15. W. Ooloied Marb'etop liiircnuB,
1 Ash II' ui (mill bet,
Fciithc,-Pillows, Mosquito Nits,
1B.W. Pillar Ex. Dining Table,
B. W. I'lnltig-n om Oliaitn.
1 Elegant 1$. W. Sideboard,
Iron Bedsteads, Hanging Lamps,
GROCKERY and GLASSWARE,
Kitelion Slnvc and TJtentiK
l'ufngeiator, Meat Safe. Alto,
2 Family Carriages & Sets of Harness,
Etc., Etc., Etc, Etc.
To jiarlios iniriming lofurni-liintr,
this sale ofVuis u vurj desirwabli! oppor
luiiiiy, !is tin.' Fmni'iuiu W nearly new
and in (ico 1 condition, having been in
use, but n very hlioil time.
JJy3"Tlie Picni "M ill hf open for
in-.pict.un on TUESDAY, Murcli 18th,
I mm a. m. to o v. m.
-WE WILL SELL FOR ONE WEEK-
Our S2.50 Parasols for $1.25.
Our $3.50 Parasols lor $2.00.
Our 84.50 Parasols for $2.75.
Our $5.50 Parasols for $3.30.
Mr. Justiec Dole filed a dissenting
opinion ivliieli concludes as follows :
"It therefore &cems to me that the
judgment appealed from should be
allirmed as to the line and costs, but
that that portion of it which decrees
the forfeiture of the spirituous
liquors mentioned in the complaint,
should be overruled."
J AS. F. MOKGAtf,
Similar Reductions in Ladies' Hats, Embroideries and Laces.
NOW IS YOUR TIME TO PURCHASE
SB Prices we onlce for Om Wen! Oily !
CHAS. J. FISHEL,
Jan-19-89 The LeiJdint; Millinery House.
Auction Sales by Lewis J. Leyey.
oils" cannot be applied to spirituous
liqusrs in the sense in which it be
longs to dynamite, gunpowder, ben
zine, kerosene, etc., and there is a
lallacy in so using it. No one will
claim that the laws restricting the
dealing in spirituous liquors are bas
ed on the danger from the inllamina
ble quality of pure alcehol. Wc
apply the same word "danger" to
tho risk of acquiring an injurious
or evil habit, and to the liability of
destruction of persons and buildings
by explosives, but they are differ
ent things. Whoever and whatever
is within the lin-lo ut damage of u
dynamite explosion is liable to be
destroyed. .Spirituous liquors arc
to the majority of people and to all
certainly nlio do not choose to par
take of them, not harmful, and not
And it does not appear why the
possession of spirituous liquors is
dangerous to the public welfare spe
cially and only iu tho cases of per
sons cairying on business under a
licenso. It will be seen by examin
ing the list of businesses required to
bo licensed that theic is a great va
riety iu their character and that
many are of u description not sug
gcitinga reason for being placed un
der this penal police reslrictionas to
keeping spirituous liquors on the
premise's. It iu not only vendors at
wholesale and retail of imported
goods who must bo licensed, but
banks, dairys, livery stables, pork
butchers, sellers of salmon, sports
mou (on the island of Oahu), cake
peddlers, hacks and hack drivers,
inter-island passenger vessels, shore
boats must bo licensed. On the
other hand, vendors of goods, tho
growth or product of this kingdom,
are itli lew exceptions, e.g. awa,
not required to take license, soda
water stands and other vendors of
On Wednesday, Msirch 20,
AT 1!S O'CI.OCIt XOO.',
At my Sile-roo-ns corner of Fort anil
Queen streets, I will bell at
4 Hall & Co.'s Iron Safes !
25 Pick-", ." PliovcU,
2"i Wheel barrowH.
Builder's Sundries, Etc., Etc.
Kins ISroH. Iiiuo Jtmt received
A Fine Line of Easter Cards.
1 FOEtT SSTKEKT. HI03GL.il MU.
-IMI'OKTKnS X DEALERS IN-
mery and Toilet Articles !
Club House Dining liooin
LEWIS J. I7EVEY,
Auction Sale of
Having tpcured the services of a
FirMt dluss Cook
And mado many other changes in the
management we nre now pre.
pared to put up the
Best Bill of Fare in Honolulu.
ALL persona luving claim ngniust
W. L. Vrcdenburg will please
present them to Chnrks Crelghtou oil or
before June SO, 1HS0. 103 lm
Agents for P. Lorillard &. Co.'s Tobaccos, &, W. S. Kimball & Co.'s
Tobacco and Cigarettes.
Aerated Water Works - - - 7:5 Hotel Street.
y&Puy Baa Hfln
FOUT !rrtt BET, HONOLULU.
E- BARGAINS -J New Lino of jjgy- BARGAINS -g
Lamps, Chandeliers & Lanterns,
At Lower Prices than ever before.
New invoice of
Valuable Horses tolls!
From Imported Mtock.
By older nfihuTrnslciM of His .MnJiMj's
Kstnic I will fell n' Public Auciioa
On Rflonday, March 25,
AT IS OH'IiOt'lf. KMC,
At tho 1'Mld'H'U in leu of I bo Hon J. I.
DOWM'U'S ill '(', (JllCi"l btll'L't,
24 Horses, Mares and Colts,
PERMITS for the uso of Stalls or
JL Refreshment stands at the Knpio
lanl I'm k on Saturday the lCth inst.
must be obtained of the undersigned.
W. M. GIFPAKI),
100 It Secretary IC. P. A.
X tho Azores for their
(More or Lcsf) ;
Fioin NY1I Known Impoitcd
LEWJS J. LT2VEY,
VJ3 8t Auctioneer.
to fend to
now purui'ii-n tnrougli lluliuif at tliu
i fllco of the iimlcrMi'nL'd-', at the follow,
Klores to Honolulu ) c1rv, .
Payal " f 6107 2a.
Tucijirn " )
Si. Mlehnuls " $109 25.
St. George " )
TiokftB nl'o IsMini through to Azores
fri'in Honolulu Special 'rules for chil
dren under ivi enr.s of nun,
.I.'E. UROWN & CO.,
Aguuls RtuliliL'toii houle, K, l', mid
United Stuiui Azoilan Packet Line.
ELECTION of OFFICERS.
NovolticH find JTniicy Goodw, In JL.n.iro Varioty.
' I '- I U.ll . .! 1
QCOTT'S Gemiino Midlothian Oatmeal
J In 14 lb. tbih. For salo by
BROWN & CO.,
26 Mei chant street.
person louiiu Irespacslti"
shooting on Hie KUMOUOU hind
will be prosecuted.
170 lm ROBERT LISIIMAX.
nNli young, good
found Ciirfineo V
A UOPV of "The Citation," (oratorio)
l'7 lw limvuiian Nu6 Co.
A GIRL, say 10 or 12 years of age to
assist iu the houehold duties of a
email family. A ply to "J. B."
AT this iiiinual meeting of the stock,
i olden ol thu I'coolo'tf Ico V. Re.
frlguriitnr Co held this day, tho follow,
ing mimed emu b weio elected at. otll.
cen lor ilie t .tiling eai:
J K. Wilder., Presldeid.
W. Wil.d Vice.l'residcu,
W. H. Pui-let Secretary,
W. K. Willi,.., ..Treasurer,
W. O.tMiillli ,,,,..,. Auditor.
The nhovf; named officer constitute a
Ilouid of Director?.
W. E. FOSTElt,
Secretin.- !'. I. & R. i;o.
Honolulu, M mi i:h fi, lMi. lio 2w
X tor U thu
uvula pur mouth.
PAPER to sub'cribo
"Daily Bulletin." 00
AREWAIiD will bo paid for inl'or.
illation legniding tho linrque
''Wandering MinUtcl," of Hongkong
I1V2 ions, hift heard of at Honolulu, lie.
comber, t8b7. Apply to
0. 0. BEIIGBR,
100 (It Honolulu.
A NICE J.roomcd Cotlagu
on Punchbowl meet
near the Monnon Church, u
flno health locality, quiet neiehborhuod.
Inquire of A. VOGEL,
18(1 tf At Ed. Holltchlueecr At Co.'s.
For Sale Cheap.
MII.OH Cow, four years
old, good Jersey
stock. Must be sold at
oneo on account of depar
ture by tho Australia. A bargain for tx
poor man. Inquire at Dr. Whitney's
ofilee. 104 at
ONE black Walnut Parlor suite, up
bolstered in black horso hair iu
perfect older, alto onu lot of white
Rabbits, for i-alu cheap. Inquire Uul
ij:tin Ollleo. loc iw
J cd Rooms. Board ific.
WS quired. Apply at "Chamber
luin Houte," King Mrect, opposite Ka.
wiiahao Seminary. . 181 tf
A LARGE and Comfortable
House ou Punchbowl
street, between Palace, Walk
ami Buretuuia stteet. Apply to
Dit. J. S. McGREW,
170 tf Hotel street.
1 NEW "Invincible" Compound Ceu
1 trlfugal Pumping Engine, with At
tached Condenser and Air Pump, com
plete; diameter of disehargo pipe, 8
HONOLULU IRON WOhKS CO.
San Fuancjbco, Cau,
February 10, 1810.
l 13 herewith ceitlfv Uiat Mphsis
T T Dodd & Miller are our duly au.
iiiorizcu iiun only agents for the Ha. 1
wuiiau Islands for thu sal- ot our Lacer r
iicer iu keg.
JOHN WIELAND BREWING CO..
IW tf John H. AViclaud Bros.
Vi&UtfC'' ' X .iilJHr'H-.. .Lt to"