In re Sprinkle

40 Haw. 485
CourtHawaii Supreme Court
DecidedMarch 17, 1954
DocketNO. 2957
StatusPublished
Cited by1 cases

This text of 40 Haw. 485 (In re Sprinkle) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Sprinkle, 40 Haw. 485 (haw 1954).

Opinion

OPINION OF THE COURT BY

STAINBACK, J.

This is a ruling on a motion to dismiss an appeal by the liquor commission of the City and County of Honolulu [486]*486from a decision and order entered and filed in special proceeding number 2586 in the circuit court of the first judicial circuit.

The record discloses that Lyle Sprinkle and Kenneth K. Chow, the holders of a retail beer and wine license issued by the liquor commission of the City and County of Honolulu under chapter 137, Revised Laws of Hawaii 1945, as amended, were issued a citation to appear before the liquor commission for a hearing to show cause why their liquor license should not be suspended or revoked for a violation of section 1(c) (1) of section 7226, Revised Laws of Hawaii 1945, as amended, by selling and furnishing intoxicating liquor to a minor at their place of business. At the conclusion of the hearing on May 29, 1952, the liquor commission found that the licensees were guilty as charged in the written citation and decided to suspend the license held by the licensees for a period of thirty days and so issued a finding and order dated June 5, 1952, directing the suspension of their license for thirty days. Prom this order the licensees filed an appeal to the circuit judge of the first judicial circuit.

The liquor commission filed in the circuit court a motion to dismiss the appeal filed by the licensees in the said circuit court from the decision of the liquor commission suspending their license. The motion to dismiss was made on two grounds: (1) that the petition for appeal failed to show in what manner, if any, the licensees had been “aggrieved” under the law by the order of suspension imposed by the liquor commission; and (2) that the petition failed to show any ground whatever which would serve as a legal justification for invoking the judicial power of the circuit court to ascertain at a hearing whether the liquor commission had acted properly under law.

Judge Rice, the circuit judge sitting in the case, denied the motion to dismiss although intimating that the burden [487]*487of proof would be upon tbe appellants (licensees), but when tbe case came on for a bearing before a second judge sitting in place of Judge Rice in tbe circuit court a trial de novo was ruled tbe proper proceeding by sucb judge and be ordered tbe liquor commission to proceed with its witnesses against tbe licensees in tbe bearing in tbe circuit court.

After bearing various witnesses, tbe trial judge reversed tbe order of tbe liquor commission bolding that tbe City and County bad not sustained tbe burden of showing tbe sale was made to minors.

From tbe decision and order of tbe trial judge tbe liquor commission attempts to appeal to this court on tbe ground that tbe circuit judge erred in requiring tbe liquor commission to proceed de novo against tbe licensees as tbe appeal to tbe circuit court is merely a special appeal and not a general one and that tbe only questions for judicial review by tbe circuit judge were questions of law as to whether or not tbe liquor commission acted arbitrarily, unlawfully or illegally in violation of tbe legal rights, if any, of tbe licensees.

Until tbe amendment of 1941 there was no appeal from tbe actions of the liquor commission which bad exclusive jurisdiction to grant, refuse, suspend and revoke any license for tbe manufacture, importation and sale of liquors. Tbe statute provided specially that “Tbe exercise by tbe commission of tbe power, authority and discretion in it so vested shall be final in each case and shall not be reviewable by or appealable to any court or tribunal.” (R. L. H. 1935, § 2577.)

In tbe 194.1 special session of tbe legislature tbe Act was amended to permit an appeal from any “order suspending or revoking any license by any licensee aggrieved thereby to a circuit judge at chambers of tbe circuit court of tbe circuit in which tbe establishment operating [488]*488under such license is situated by filing his appeal in such court within ten days of the date of the order of suspension or revocation; provided, however, that the appeal shall not operate as a stay to the order of suspension or revocation appealed from. The appeal shall be subject to such procedure and rules as may be prescribed by the court and the decision of the judge shall be final” (S. L. 1941, § 2624A, Appeals) and by further amending section 2577, Revised Laws of Hawaii 1935 by adding to the paragraph reading “The exercise by the commission of the power, authority and discretion in it so vested shall be final in each case and shall not be reviewable by or appealable to any court or tribunal.” by changing the period at the end of the sentence, substituting a comma therefor, and adding the words “except as otherwise provided in this chapter(Emphasis added.)

This amendatory act of the special session of 1941 was passed over the veto of the governor. In his veto message the governor stated: “The effect of this bill, should it become law, would be to curtail the powers of the liquor commissions throughout the Territory and lessen their control over the liquor traffic. Everyone recognizes that the liquor business, though legitimate, must be strictly controlled in the public interest. Any lessening of this control might prove disastrous to the community welfare, particularly in a community like Honolulu where there are such large numbers of the armed forces of the country and defense workers.

“During an emergency, such as now exists, regulation of the liquor traffic is always more strict as a course in aid of National Defense. * * *

“The law on this subject, as it now stands, has worked well, has the support of the public, and in my opinion, should not be changed.”

The then governor (Governor Poindexter, an excel[489]*489lent lawyer) in Ms veto message would seem to indicate that he thought the appeal was something more than giving the circuit court the right to review questions of law as contended for by the liquor commission.

In the debate wherein the senate overrode the governor’s veto, statements were made by several senators as follows: When Senator Trask urged the senate to override the veto he was asked by Senator Farrington to tell why the measure was introduced. Senator Trask replied that the present law, which does not give the right to appeal to a court of law, places dealers “absolutely at the mercy of the commission.” He said that in many instances dealers requesting renewal of their licenses were confronted with a file of complaints amassed throughout the year, the complaints being based on gossip. He further said “A dealer goes to get a license renewed and they (the commissioners) pull out a card which says that last January or February somebody was drunk in his place, or somebody was seen staggering into the place. Now you can’t defend such a charge based on something that may have happened six months ago.” Senator Harold W. Eice of Maui, agreeing with Senator Trask, said: “These cards he tells about — stacked up against a man when he comes to get a renewal — that’s all wrong. Such charges should be checked on instead of waiting until the time comes for renewal of license.”

As a matter of fact, an amendment limiting appeals purely as to questions of law would have had little, if any, effect on the existing statute whereby the determination of the liquor commission was final and not appeal-able to any court. As stated in Territory v. Miguel, 18 Haw. 402, 405: “Furthermore, the act (Sec.

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Bluebook (online)
40 Haw. 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sprinkle-haw-1954.