The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-05-27

convicted and aued $500. the only PENALTY fired ny
law for the oBeDse The case was appealed @nd IT'S
EHccliency the present Attorney General "her"a'hs
saw 81 IN The exercise % his discretion 20 withdraw
the charge and proceed under The scction for furnish
ing liquor 70 natives. which gfs"s a discretion 20 the
magistrate In firing the amoant Of nee. Hnd a noe of
SiOO was inflicted. tAfch fac u,sf pail hsd 70
msinCi iu Office and the Toy bal heen ofished w
prison for even one month. I should have altered ny
opinion and have done my best ohisin q mitigation
81 The punishmcnt
Having said ibis much I viii address myself 20 The
matter before iho ommiiic ! fatty concur in the
remark made by the Hen Mold, NJ. Castle hat 30
Law shosid ever be passed which cannot bt enforced,
but I 20 further and say that no Law ought TO 70
main on the statute book which eanno, lie "nforced.
shall not make any pettifOgging remarks about
the unconsiitutlonality 81 this Law. beeause l believe
il Is constitutional Neither do l intspd 10 make
any petIifogging remarks about the wis s,,ing
from The use Ct liquor. But 4 DO SAY tha' 'hm law
Is not aud cannot he enforced.
Is there auy suboriinate ofhccr 81 the government
who would dare prosecute His Ercellency shs Slp@-
ter 81 Foreign Relations for selling a ease oi hQuor
to His EKoellency the Minister OF the luiefior. OF
against any one for supplying Hs Royal htghns"a
opposi c. or His EIcellency the Governor OF Maui
The Minister OF FOrrisn RrlAiOus has called
this a miserable bill. II may be- 40. but IL II moe
miserable than the preAcni law which allows any
respectable merchant on this beach. by The peym"nt
OF sl00 Tor a license TO import liquor by shipl"ada
and send 4, all over this county
His Excellency stated that be- bad drank liquor
FOR hny years and hoped 10 drink u Tor s"mr yrars
TO come. IL eanpotb b. so bad, or be would not
thus drink H.
known persons (his own counirymrnl - ole like
dogs through the use Of intoxicating liquors ahd
says II II hard for for a man % stop uben ~ once
commences. Now In the country 20 which be- and
/ both belong il Is said. " Little fools will d,lnk
too much, but great ones not NJ alt And VI
really felt that the use Of liquor was as bad ~ Ills
EEcelleDcy states, 1 would Al once, on leaving Wis
House. send in an application 20 John the Good
Iemnlnrm. shut IN nv GFOnaHhunn, or fenlEu my
okce. Let us be consistent.
Mr.. Chairman. the law IL not aud cannot be en-
forced. AID no government ever iri-d hs who're" IL,
except the government Of His late Majesty Luna
Tito. who. | believe. did Try 90 carry ont aud "n-
force tbr Law 40 far as their Information went One
hotel keeper was proer-drd against b. was nnsd,
he license and bond forfeited and he house
closed. About the same time His Ex. the Minister
OF Forrign Relations was also proceed~d against,
and bnrd for q VIC alton OF the same law, aud
believe the necessary proceedings were cOmu enoed
TO obtain n forfeiture OF his bond and license. But
a change OF government came His Excellency
took Office, but no one ever heard Of any further
proceedings having been taken against him. And
since that time two honsss, In which he IL Interest
ed. one as a part owner aud the uthrr as n trustee,
have been prosecuted three tines. but no one has
heard Of their licenses and bonds being forfeited.
The last case which l conducted Tor the gavsrn-
ment was against a house In which one ~ the
Mobiles Ia Interested, and In that case the llcrnse
was taken away and the bond forfeited. but the
very next afternoon i went Into the Hawaiian
Hotel. and there l saw drinking nj the bar Que OF
the same natives for supplying wbum, the proceed
lngs against the other house bad been taken.
Again. a short time ago the person whose license
was forfeited. Il allude 20 The Bank Exchange
easel was present nj this Government Hotel aud
asked for a drink for n half Whit, who was IN biz
company. THIS was rsiassq bu, alnost isnrdl.
In and were supplied with dHinka. and on Nc.
Herbert being demonstrated with, the reply vas;
"Oh. I've nothing to do with H. It's the Govern
or's orders; be Ia responsible"
Again. ! see 10 the Report Of the MluIster Of
Finance u charge Of nearly $4,000 Tor 10. expenses
OF n ball given In this building. = should like 90
know how much OF this was for Liquor, and who
supplied it?
IL is these things. Mr.. Chairman. that make The
natives dissatisfied and think here IL one law for
the rich and another for the poor.
/ have heard the present Acting Chief Justice
say from the Bench. that this Law was not Intended
TO apply TO cases OF private hospitality, but fall
10 see this exception In the law itself
And now. Mr.. Chairman, let us put the question
fairly TO ourselves. il there one single number Of
this Assembly who has not violated this lawi II
there any one member Of this Assembly but what
Read the law Whoever shall sell. give. purchase
or procure for and In behalf 81 any aafipS Of Mia.
Kingdom" &c. Now / see no distraction betwecn
the words. native Of this Kingdom and t" native OF
Then let MS look At Sec. 1872 OF the Civil Code,
relating TO NATURALIZATION Every foreigner 90
naturalized shall be deemed 10 al fntenis and puy-
poses d native OF the Hawaiian Islands" 6c.
Now can any one present say that be- "a not
native Hawaiianf His TX. the Attorney General
10 reported 10 be well veraed In International Law,
and l appeal 20 him whether be- IL not n native
Hawaiian. although born here Of foreign parents,
and within the provisions OF this law.
No other country 10 the world has insisted
stronger for the rights OF naturalized cilinens than
the native country OF The Hon. Mr.. g. n Castle,
and IL would be absurd 20 pretend that In that
country this law would not apply 10 all alike.
do not entertain the slightest doubt on The
subject; have carefully considered III. question,
and IL IL for the reason that the law cannot be car.
ried out. l advocate lie repeal.
whatever may be The fate OF this bill. whether
Il passes or not, | feel satisfied the discussion has
done some good. But under any circumstances
the whole law regarding the sale Of liquors requires
and l would give my cordial suppoIt and
10 the government In framing such
measures az may be necessary 10 place A. under
proper supervision.