The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-22
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. =. Mechanism in the trial OF the
HOLSTER 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
80 of the Organic Act ii is provided:
Nor shall spirituous or Intoxicating
liquors be sold except under such 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 un-
lawful in the Islands until the Legisla-
ture meets and passes such law.
On the face of the law it would APP
pear that Mr.. McClanahan is entirely
right in his contention. but as it is not
to be supposed that Congress intended
to prohibit the sale of liquor if the
matter is taken into the higher courts
ii 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that the Organic Act had repealed the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 it was still in force
and declined to discharge the company
Mr.. McClanahan then moved for the
discharge of the company on the
ground that il had not been properly
named in the complaint, being called
HOLSTER & Company instead of the
Hollister Drug Company, and this mo-
ton was granted.
The firm of Benson, Smith & Com
pany was not so lucky A. G.. NJ. Rob
ertson appeared for it. He contendet
that the old license for the sale o.
methyiated spirits now applied to alco
hol, for such was the plain intent o
Congress in passing the act repeating
the old law.
George w. Smith appeared on tn
stand in behalf of his firm and stated
that he had been accustomed ever sine
June 18th TO sell pure alcohol to an!
one who wished it. He added that tn
methylated spirits was really poison
and that it would be much better to sci
the pure article than that which ha
been rectified. The sale OF methylate
spirits. Mr.. Smith stated, was scarcei
known in the United States or Canada
There is no officer here now who ca
rectify alcohol, and Mr.. Robertson con
tended that a drug firm could not b
compelled to take out license as
rectifier. He referred to the statute al
lowing the sale of alcohol to physician
and TO no other as unconstitutional, q
a private individual had as much RICH
to purchase it as any physician, and
was an infringement on his privat
rights TO forbid it.
Sheriff Brown for the prosecute
held that the local law was still
force and while it might work hard
ship that had no effect on it's opera
ton. Wilcox held that there had bee
a clear violation of the law and foun
the company guilty and fined it s25.
The case will be appealed and III
matter will i'm all likelihood have TO /
decided by the Supreme Court before
is allowed to rest, for If one firm
guilty. all are in the same boat and tn
drug firms will fight it to the last ditto
without doubt.