The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-01
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CAN'T BUY
ALCOHOL
Only Physicians Have
Privilege.
DECISION BY HUMPHREYS
Holds That legislature had Power
to Forbid Sale to Others
Than Doctors.

decide whether the sale of alcohol to
physicians alone and not TO other in
dividuals is to continue. Yesterday
Judge Humphreys fined Banson. Smith
X Company. 81 and costs for being gull
/ Z, of this Offense. The case was APP
pealed from the District Court where
line OF s25 was imposed. and the fine
was made merely nominal on account
q. the fact that IL was the announced
intention of the drug firms of the city
TO make the case a test of the consti-
nationality of the provision.
The case occupied the attention of
Judge Humphreys most OF yesterday
afternoon. The evidence introduced
occupied but a moment. NJ. w. Bergeau.
To whom the alcohol was sold telling of
its sale. and George w. Smith. of Ben
son. Smith & Company. stating on the
stand some Of the uses for which is was
sold.
a. @. NJ. Robertson for the company
attacked the validity of the statute on
the ground that by providing against
the sale of alcohol the legislature had
teen guilty OF class legislation and had
de prived ordinary individuals who
II
for ordinary domestic purpose Of the
opportunity to purchase the spirits. For
the Information Of the court he related
the circumstances under which the law
ATTACKED was passed. saying that a GER
tain firm in this city secured a large
quantity of cheap alcohol from abroad
aud put II on sale at a time when no
license was demanded for its sale.
Liquor dealers protested FOR they
we're compelled TO pay a high license
for the sale of beverages less harmful
than alcohol and so a bill was intro
duced into the Legislature to forbid the
sale of alcohol save to physicians. He
contended that such a provision was
beyond the powers of the legislature.
Deputy Attorney General J. w. Cath
cart for the Territory held that the
legislature in passing such a law was
getting within it's police powers as the
Territory had g. right TO pass such laws
os conduced to public morals and public
health. The indiscriminate sale of al
cohOl to all corners he held would be
against public policy and hence rules
! against such sale were not beyond the
powers Of the Legislature.
| In rendering judgment Judge Hum
phreys said that II was to be supposed
that Congress was capable OF express
/ ing its intentions. and these were TO be
gathered from what was said rather
/ than what was unsaid. Under the Or
ganic Act. Congress had repealed GER
tain parts Of the Hawaiian statutes re-
lating to the sale of methylateu spirits
and II had left intact that which relat-
| Cd TO the sale of alcohol. He thought
that from careful reading of the Act
that Congress had failed To repeal the
section which prohibited the sale OF al
Cchol except to physicians.
The design and intention Of Congress.
in his opinion. had been to leave this
matter to be regulated and controlled
ty the municipal authorities Of the Ter
ritory OF Hawaii. While at first glance
70 would seem that the act was unreal
sonable and 1t apparently discriminate
cd in favor of certain individuals. he
was unable to find II so in this case
With that degree OF precision and GER
tainty which would influence him to
declare an act OF the legislature nuga-
tory. IL might not do all that IL was
meant TO do but that fact would not
render II void. While alcohol was to
his mind a valuable therapeutic agent
and held conspicuous place in the
commercial world. II it's sale
we're unrestricted exceedingly evil
Influences would flow therefrom.
In! was like other poisons and
might be put to beneficial uses but
its evil influences outweighed its bene-
fits. he considered. He felt that IL was
quite clear that the statute in question
had a relation to the ends and while
not perhaps adequate he felt that ii
was valid Consequently he found
Benson. Smith & Company guilty OF the
offense charged. and as he had ascer-
tanned that II was the intention of the
parties to take the case to "A higher
court he would impose but nominal
fine. The question was debatable one
and while he was convinced that his
view OF the question was correct he felt
that IL should be decided by the highest
courts
A fine of 81 and costs was inflicted
and Mr.. Robertson Immediately noted
an exception and the case will un-
doubtedly land in the Supreme Coprt
QUEEN Is LOSING MONEY.
Following the dismissal on demurrer
lRA VI" sun VI w Ois E>Wot w. Af'h0~N-
lani. n motion was filed yesterday In
the Circuit Court by Robertson & Win
der her attorneys, demanding that a
new bond be filed In the case pending
the amendment Of the complaint. The
motion is supported by an affidavit b,
the Queen wherein she states that the
lease by virtue OF which Wong Kwa
had the possession Of the land at Lu'
mahai. Kauai. expired on Decembei
sfst. 1899. He Is still In possession Of
the land. the affidavit states. and she
would be able to obtain a rental Of $500
per annum IL she we're not restrained
n ON leasing II by order Of the Su
preme Court.
MORMON HAwAIIAN'S ESTATE.
Samuel Z. woolley. the head of tn,
Mormon church In the Islands. yester
day filed an inventory OF the estate o
Makanoe. the Hawaiian woman VIII,
died In Utah some months ago.
The estate Is valued at S13.405 anC