The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-03-16

Ol JIAlilC' ne uJle 9l UnlS ACu |
does not therefore express the action
which is made penal by it, mere
possession without intent, etc. Art. |
q of the Constitution requires that
every law shall embrace but one
object and that shall be expressed |
in the title. The title of what is
enacted in this law should be to pro-
hlbit the possession of liquor
and Illicit traffic in it. A COMPARE
son with other sections of the law
will show the necessity of express
ing that an act, lawful otherwise,
must be done with unlawful intent
in order to make it criminal. sec.
prohibiting the forwarding of
orders with intent that the spirits
shall be delivered to another person,
which is traffic. Section 3 prohi-
bits receiving into possession spirit
uous liquor with intent to sell, trans
fer or dispose of it to others. Sec.
requires that the shipment without
labels which is prohibited shall be
with intent to deliver OF traffic it to
third persons. And no one of the
three offenses hereby established is
committed without an intent to traffic
which must therefore be aflirmatively
shown and which admits of defence.
We may also illustrate the differ
ence of this law from other legisla-
tion and the specific novelty of it by
comparison with the Act of 1882,
Chapter "A, Section 33, which has
been supposed TO cover somewhat
similar ground. That enacts that
| circumstances existing which tend to
show an intent to traffic, and
traffic, such as some significant sign,
fitting OF bar with its apparatus,
such as to induce a reasonable be-
lief that there is traffic and the
possession of more spirituous liquor.
than is reasonably required for the
use of persons residing on the pre-
misses, shall be deemed prim,d .tacie
evidence of unlawful sale of liquor.
That is to say, that it is sufficient
proof, until rebutted, without evil
dence of particular sales. No one
is punishable without such evidences
of intent to commit illicit traffic. 1t
is statute rule of evidence.
The law we are now considering
establishes as an offense that which
is not illicit traffic, under q title
which is confined to illicit traffic and
does not express the new offense. 1t
must be held therefore that the first
section contravenes Art. II of the
Constitution, and is void for this
reason.
Counsel for defendant contends
that the section is in conflict witt
, those Articles of the Constitution
which guarantee an equality Of
rights.
The operation of this Act is con
fined to one class of the community
viz. : those persons whose bulines'
/ or trade requires to he carried OF
under license.
: 1t is indisputable that the police
power of the State may lawfully b,
applied to restrict uses of property
! when the welfare or safety of th
community requires it. But it vii
/ be found that these laws are of gen
: eral and equal application. The Ac
t Of 1882 which we have cited above
applies to all persons. 1t is not onl,
4 the holder of n store license, for in
t stance, to whom the rule of evi
fir. of n N m
S which tend to show an illicit trafli
: is applied, but equally any othe
i person to whom such circumstance
S attach themselves.
: The law restricting the storage c
e kerosene applies to all persons so d
II the laws relating to gunpowder, t
e dynamite, giant powder, etc, the la
g respecting nuisances and offensiy
o or corrupt substances, and they a
v relate to articles and things whic
the public welfare, safety or healt
l. require to he guarded, restricted {
lc suppressed.
1t In our view the term "dange
N Gus" cannot be applied to spirituor
+ liquors in the sense in which it b,
l. longs to dynamite, gunpowder, bel
ID zine, kerosene, ETC., and there is
i fallacy in so using it. No one wi
Ig claim that the laws restricting IL
is dealing in spirituous liquors are ba
,e ed on the danger from the inhamm
~ BILE quality of pure alcohol. "
De apply the same word "danger"
is the risk of acquiring an injurlo,
y or evil habit, and TO the liability
le destruction of persons and building
is by explosives, but they are diffe
le ent things. Whoever and whatev
is is within the circle Of damage of
MS dynamite explosion is liable to
I'd destroyed. Spirituous liquors 4
Sc TO the majority of people and to {
b. certainly who do not choose to pa
e. take of them, not harmful, and II
dangerous.
te And it does not appear why L
of possession of spirituous liquors
ep dangerous to the public welfare sp
es cially and only in the cases of pt
or sons carrying on business under
IL license. 1t will be seen by eXami
n ing the list Of businesses required
lo be licensed that there is great '
4 riety i'm their character and I'll