20 Haw. 1 | Haw. | 1910
OPINION OF THE COURT BY
Defendant was charged with “having at Honolulu, City and County of Honolulu, Territory of Hawaii, during- one month last past, prior to and including August 30th, A. D. 1909, unlawfully and wilfully engaged- in carrying on a certain business, to wit, -a merchandise’business, by selling fresh fish at those certain stalls numbers 11,12 and 13 in the Honolulu Market in said City and County of Honolulu, without first obtaining a license for the carrying on of such business, he, the said Choy Dan, not being then and there a peddler of fish, fresh fruit or vegetables, contrary to the statute in such case made and pro
Sec. 1418G reads: “Merchandise. The annual fee for a license to sell goods, wares and merchandise shall be $25” (here follows á provision against the sale of opium, intoxicating liquors and other articles named and the statement of a penalty for sales of merchandise without a license.) Sec. 1418IÍ reads: “Peddlers. The annual fee for a license to peddle merchandise shall be $50; providing that no license be required of persons peddling fish, fresh fruit or vegetables. A license to peddle merchandise shall authorize the owner thereof to peddle in the county which is named in the license.”
Defendant’s contention is that Sec. 1418G is to be read as though it contained an exemption in favor of sales of fish, or, in other words, that the word merchandise was used in that section as not including fish, the argument being that the intention to make that exemption is shown by the grant of the exemption stated in Sec. 1418H and by the repeal earlier in the same session of the legislature of Sec. 1406 of the Revised Laws requiring a fee of $10 for a license to sell salmon. Reference is also made by the defendant to the fact that the finance committee of the House based its recommendation for such repeal upon the fact that “Tour committee does not approve of the imposition of a license on food stuffs confined mostly to the use of the poor” as well as upon the fact “that the amounts collected from this license are very small.” In our opinion the construction thus contended for should not be adopted. The language of Sec. 1418G is clear and unambiguous. No exemption in favor of sales of fish is there stated nor does the language of the section permit of construing into it any exemption. The fact
While it is always the aim of courts to so construe statutes as to carry out the intention of the legislature, that intention in order to be given effect must be expressed in the statute or reasonably appear from the language used.
We answer that the demurrer should be overruled.