The King ex rel. Bradley v. Thurston
Hawaii Supreme Court
On Appeal from Dole, J. urged that the statute left nothing whatever expressly to the discretion of the Minister, and that by plainly prescribing the acts to be performed, to have implied that no discretionary power was intended to be given; and the fact that the Minister may by Section 18 prescribe (though not arbitrarily) regulations in the license, would seem to preclude a*discretionary power in the granting of the license.
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On Appeal from Dole, J. urged that the statute left nothing whatever expressly to the discretion of the Minister, and that by plainly prescribing the acts to be performed, to have implied that no discretionary power was intended to be given; and the fact that the Minister may by Section 18 prescribe (though not arbitrarily) regulations in the license, would seem to preclude a*discretionary power in the granting of the license. None of the predecessors of the present Minister have claimed this power. Even under the English Statutes, which seem to confer as absolute discretion as can be…
1Opinion of the Court
Opinion of the Court, by
Preston, J.
This was an application by Henry Bradley and William R. Chilton for a writ of mandamus, directed to the Minister of the Interior, to compel him to grant the said Chilton a license to sell spirituous liquors at retail on the premises known as the Keystone Saloon, situate at the corner of King and Fort streets, Honolulu.
The petition alleges that the petitioners are owners, as tenants in common, of the premises known as the Keystone Saloon. That since the year 1876 the said premises have been owned as aforesaid, and used for the business of selling wine and…
2Cases cited5 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Zanone v. Mound CityIllinois Supreme Court · 1882
- People Ex Rel. Conway v. Board of SupervisorsNew York Court of Appeals · 1877
- People ex rel. Osterhout v. PerryNew York Supreme Court · 1852
3Cited by7 opinions
- In re Tai KeeHawaii Supreme Court · 1897
- Hackfeld v. KingHawaii Supreme Court · 1897
- Ottmann v. YoungHawaii Supreme Court · 1900
- Ewa Plantation Co. v. HoltHawaii Supreme Court · 1907
- Young v. WilliamsHawaii Supreme Court · 1924
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