Honolulu Republican, Volume IV, Number 502, 21 January 1902 — TEN-CENT BEER GETS A SETBACK [ARTICLE]

TEN-CENT BEER GETS A SETBACK

Judge Estee Oienules the Demurrer of the Treasurer. JEW TBUL IS ORDERED II OKCE Deiesdafli Has Till Thursday 10 File Answer in Federal Court. Tern- at Hco—Attorney General's Department Secures Many Convictions—Thirteen Counts Against One Chinese for Poisoning —He is Sentenced to Ten Years. In * riM- of Macfarlane and oth r« againM Territorial Treasurer William H Wright .Indite Este*- yesterday overruled th demurrer in the t'nit••• d Sta’t-s District Court. gave defendant until Thursday to answer and -•-t the ra-e for hearing at 10 o'clock Friday morning. A demurrer was sustained and plaintiff wa- allow-d to am*-nd the complaint on a former hearing The amendment wa* the subject of the ••emurrer which faileil yesterday. Plaintiffs represiint the larger -■aliHin Interest* of the city, paying 111)00 each a yiar for retailing liquor c.f all kind*. I'nder a law of the Ter-rit-iry th*- Treasurer issues licenses -it |s<>o p. r y,-ar for r- tailing only th. pn du t of the Honolulu Brewery. The regular trade sets up the claim * \ st-d rights against these $5OO license saloons Crusade Against Primo. The list of leal liquor dealers. . i !• d by Macfarlane & Company, has been «*--king to prevent the Is;anee of Primo be*-r licensc-s and to nave- thos- 1 aln-ady issued cancelled c u the ground that the cheaper lic * t’m for the- sale of ihc- local product ; an unlawful discrimination against Mainland breweries. Judz ■ Eatee. aftc-r bearing argument seemed incllued to regard the Hawaiian malt license- law as eonnary to the- national commerce laws end h-- overruled the demurrer and ordered a new trial. The first demurrer was sustained to a gr. al extent c n the ground that ih<- plaintiffs had failed to show that tin y were suffering any damages by i-as.m of tin- aet of Treasurer Wright in issuing the primo licenses. Still More Inconsistent. Judge Silliman appeared for Treas in* r Wright yesl* rday morning. "It si r forth." said Judge Silli man that the p- titioners applied to Treason Wright for a license at 5250 per yc ar to sell malt liquors mad in Honolulu. when they already h*-Id a general li*-. use to sell any kind of liquors, the Honolulu malt liquor itu-hukd. Th** petitioners were prevented from paying 5230 more for a license to -lo something which they already bad the right to do. under a license for which they paid Jibuti per year "This would seem to lay the foundation for a mandamus proceeding to compel Treasurer Wright to issue the license which was refused, rather than to prevent him issuing malt licenses to others. Want a Leadpipe Cinch. "Tht plaintiffs in this case ar trying to perpetrate a monopoly. They want to insure a leadpipe cinch by keeping out the competition of those to whom the malt liquor licenses have been issued." United States District Attorney J. .1 Dunn.' attacked the Hawaiian statute a- contrary to the laws of the I ailed Stair.* and as discriminating against br-w-ries on the Mainland. Attorney a. G M Robertson appeared for the plaintiffs also, saying tc.at the slat mom of Judge Silliman. that the plaintiff > licenses already gave them the right to sell Primo, as well ns Mainland beers, was corloot only ss applied to one if the |laintilf.* Robertson also contended that the Hawaiian law was a plain discrimination against Mainland breweries, Th* Term at Hilo. After a successful term in the Fourth Circuit Court. Deputy Attor ney General Cathcart has returned from Hilo . Out of the 42 oases on the criminal calendar thirteen indictments were against one man. In only three of the cases were verdicts of not guilty returned. Ming Hem. a Chinese, who pat Paris green in a tea-pot at a camp c ar Hilo, was the man against whom there were thirteen cases. The grand jury indicted him thirteen times for poisoning- He was convicted on the first count and sentenced to ten years imprisonment at hard labor. The other twelve cases against him were thereupon nolle pressed. ••Watson on Damages” Many of Honolulu's lawyers have added to their libraries a new book. Archibald Robinson Watson of the

New York Bar. entitled “Watson on Damages for Persona! Injuries The wr rk is a treatise on the law of dam i)t<* for personal injuries. Those re embers of the bar in Honolulu who have secured the work speak v:-ry highly of It and deem it valuable as a reference. Circuit Court Notes, C A Long has resigned as guar diaa ad litem for, the Uca< re . a or s and Judge Humphreys ha- appointed AUcrner J J. Dunn- and Attorney E M Watson in bis place. Judge Humphreys yesterday morning overruled the demurrer in the case of Henry Smith aeaitm Mary S. B. Ro*e *t al. It i* stipulated that Sister Albertina may have fifteen days in which to file bill of exceptions in her eject ment <a«e against the Kapio'anl Estate, Limited.