The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-21
PROHIBITION ABSOLUTE
HAWAII LEFT WITHOUT A LIQUOR
LAW.
This is the Latest Legal Contention in
the District ourt-The Drug Company
Cases.

Today was another field day for the
lawyers, in the district court and they
rode full tilt at the local laws. h. b.
McClanahan, in the liquor case of Hol-
lister and Company, offered the con-
tention that Congress, by the wording
of the territorial act, has absolutely
prohibited the sale of liquor in the Ha-
waiian Islands.
IF there is any law which allows the
sale of intoxicants here under any cir
cumstances whatever" said the lawyer,
lit has been expressly repealed by Con-
gress."
The contention was based upon Sec
ton 55 of the organic law, which says
Nor shall spirituous or Intoxicating
liquors be sold except under such reg
ulations and restrictions as the terri
torial legislature shall provide"
The territorial Legislature has evid-
entity not provided any regulations yet.
For there has been no territorial legiS-
lature chosen. Therefore it was con-
tended the words of Congress simply
mean that no spirituous or intoxicating
liquors shall be sold now at all. This
would involve repeal of the section of
the penal code, providing for alcohol
licenses, under which the charge was
made.
Judge Wilcox declined to discharge
Hollister and Company on this ground
and the case against the company pro-
ceeded till the defense established the
fact that there is no such company. the
corporation being the Hollister Drug
Company Defendants were discharged
on account of this error in name, in the
complaint
Benson, Smith and Company had a
different defense. The firm was repre-
sented by A G. NJ. Robertson, who con-
tended that the old methylated spirit
licenses now applied to alcohol. The
defendants We're charged with selling
alcohol IN violation of the law which
provided that it should be sold only to
physicians. A license to sell methylat-
ed alcohol, under section of the code
which Congress repealed, was produc-
ed and it was contended that the in
tent of Congress was that this license
should apply to pure alcohol. Other
wise the law was left in such shape
that there was an absolute prohibition
of the sale of alcohol to anyone on the
islands, except physicians.
This was declared to be an absurd
state of affairs but the judge did not
feel called upon to knock the law out.
He fined the defendants $25, and an ap-
peal was noted.
On the witness stand George w.
Smith, president ,of the company, testi-
fled that he had been selling alcohol to
others than doctors since June IA, on
which date he considered the old law to
have been repealed. The law under
which the custom house used to methy-
late the spirits had been repealed, and
there was no way to get methylated
spirits here except by taking out
Federal rectifers' license which cost
$3.50 Then the company might methy-
lated it's own spirits.
There are moral reason as well as
business why do not want to do this"
said the witness. Il consider methy-
lated alcohol far worse than the pure
spirits, and regard the sale of it as SELL
ing poison"
Mr.. Smith said that methylated al
cohol was unknown as an article of
commerce in America or Canada. The
old Hawaiian law allowed the sale of
methylated, but not pure, alcohol, to
others than doctors.
If the construction of the territorial
act contended for in the Hollister case,
shall be affirmed by the courts, it will
work practically a revolution in the Ii
quor traffic until the Legislature can
meet and provide for the situation. Un-
der this contention congress has pro-
hibited the liquor traffic for the time
being In that case it is held by num-
ber who expressed opinions on the sub
ject, that no one can be punished for
selling liquor without license expect
! in the federal courts. And as there is
no penalty attached, the only penalty
! the court can impose will be a fine, the
courts, under their common law juris-
diction having power to impose a fine
where no penalty is prescribed. But the
territorial courts, it is contended, can
not impose a penalty under the old Ha-
/ Waiian statute
If these contentious are true, it is
said the liquor traffic is thrown wide
open to whoever will pay the internal
revenue tax as a retailer.
lit SNff fIn oIa y
liquor dealer said today: "The point is
not entirely new. The peculiar wording
| of the territorial act was called to the
attention of some of the wholesalers
about the time the act went into effect
and the matter was considered whether
an effort should not be made to secure
special session of the legislature as
soon as might be, to act on the matter
But it was finally decided that the ST.
tuation was such that no good could be
accomplished by such action, and the
matter was dismissed.
1T is clear to anyone who knows the
history of the bill that 1t was not the
intention of congress to prohibit the
traffic, though as a matter of fact II
may have done So A prohibitory Sec
ton was put into the bill and instead OF
striking it out altogether it amended It
and in so doing left the prohibitory
words in, qualified by the power of th'
Legislature to permit the traffic under
restrictions and regulations"
The soothing and healing properties
of Chamberlan's Cough Remedy, I'll
pleasant taste and prompt and perma
nent cures, have made 1t great favor
ite with the people everywhere. For salt
by all druggists and dealers. Benson
Smith e. Co.. general agents. Hawaiian
Islands.
! z
LOW PRICES ON SHOES.
Shoes are now being obtained at lowe
prices than ever before, owing to tn,