The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-24
DRUG FIRM
WAS FINED.
Is Guilty Of Selling
Alcohol.
CONSTITUTIONAL POINT
Mechanism Claims Sale Of Liquor
Prohibited Until Legislature
Meets.

According to an argument presented
by L. b. McClanahan in the trial of the
| Hollister Drug Company for selling al
cohol to others than physicians, 1t
| would appear that by act of Congress
the sale of liquor throughout the Ter
ritory is absolutely prohibited.
Mr.. McClanahan said that by Section
SO of the Organic Act it is provided:
| Nor shall spirituous or intoxicating
| liquors be sold except under sucn regu-
lations as the Territorial Legislature
shall provide" AS yet no Legislature
has been summoned in Hawaii and con-
sequently by the plain reading of the
act the sale of spirituous liquors Is I'M
lawful in the Islands until the Legisla-
| ture meets and passes such law.
On the face of the law 1t would APP
pear that Mr.. McClanahan Is entirely
| right in his contention. but as 1t Is not
| to be supposed that Congress intended
to prohibit the sale of liquor II the
matter is taken into the higher courts
1t will undoubtedly be decided that the
old laws are In force until the Legisla-
| ture takes action.
Mr.. McClanahan moved for the dis
charge of the company on the ground
that the Organic Act had repealed the
section of the law under which the
prosecution was brought, but Judge
Wilcox decided that 1t was still In force
and declined to discharge the company.
Mr. McClanahan then moved for the
discharge of the company on the
ground that it had not been properly
| named in the complaint, being called
HOLSTER & Company instead of the
lTollister Drug Company, and this mo-
| ton was granted.
The firm of Benson, Smith & Com
pany was not so lucky. A. G. M. Rob-
ertson appeared for it. He contended
that the old license for the sale of
methylated spirits now applied to alco-
hol, for such was the plain intent of
Congress in passing the act repeating
the olu law.
George w. Smith appeared on the
stand in behalf of his firm and stated
that he had been accustomed ever since
June 14th to sell pure alcohol to any
,, one who wished it. He added that the
methylated spirits was really q poison
and that it would be much better to sell
! the pure article than that which had
been rectified. The sale of methylated
known in the United States or Canada.
! There Is no officer here now who can
rectify alcohol, and Mr.. Robertson con-
| tended that a drug firm could not be
compelled to take out a license as a
rectifier. He referred to the statute al
lowing the sale of alcohol to physicians
and to no other as unconstitutional. as
private individual had as much right
to purchase it as any physician. and it
was an infringement on his private
rights to forbid it.
Sheriff Brown for the prosecution
held that the local law was still in
force and while 1t might work hard
ship that had no effect on its opera
ton. Wilcox held that there had been
clear violation of the law and found
the company guilty and fined 1t $50.
The case will be appealed and the
matter will in all likelihood have to be
decided by the Supreme Court before 1t
Is allowed to rest, for If one firm Is
guilty, all are in the same boat and the
drug firms will fight it to the last ditch
without doubt.