The Hawaiian gazette., 1901-01-25
Joy for the Slaves OF
The Pipe.
THE OPIUM LAW is PAU
Circuit Court Declares Anyone May
Have the Drug Legally in
Possession.

ar In Honolulu Feel that ne Is llkcy 10
be swooped down upon by Deply Sher-
If Chillingworth and hailed into court 10
be fined $50, I,ore or less, for having
opium in procession" The Law which
provides "A penalty for those who are
caught with opium in their possession
met legal death yesterday at the
hands of the First Judge OF the First
Circuit Court, who declared that the law
was unconstitutional and in direct con-
travention to the decision of the United
States Supreme Court.
The Celestial who doZes amid the
fumes of his favorite dream-producing
drug, can doze and doZe without any
fear that the police will disturb him, for
the Judge has stated that the law by
which he has been bounded night after
night ceased to be operative on June IA
last, and that any one can keep opium
in his house as he would a decanter of
the finest bourbon.
In an oral decision rendered from the
bench yesterday afternoon, the Judge
sustained the demurrers in the cases of
the Territory of Hawaii VS.. Sam Kun.
Lap Chu and Tau Chou, charged with
and convicted of having opium in pos
session." by the District Court. The mer
were each fined $50 and costs. The Judge
spoke briefly, although the decision is
one of the most far-reaching in the Ter
ritory. He said:
THE demurrer in these cases will be
sustained The Court finds that the law
prohibiting the possession of opium in
the Hawaiian Islands after the Organic
Act became effective, to wit, the 18th of
June 1900 ceased to be operative, such
law being in conflict with the Constitu-
ton of the United States and against the
settled policy of the United States, as
evnced by it in placing a tariff duty up
on opium and permitting it to be brought
within the confines of the United States
upon the payment of such duty.
Opposed to the view which / express
is the case of the Territory of Washing
ton VS.. All Lin. decided in February,
1890. The case of Leisy VS.. Hardin was
decided by the Supreme Court of the
United States two months after the
Washington court rendered it's decision.
So the opinion OF the Supreme Court OF
the Territory of Washington may be
considered as having been overruled by
the Supreme Court Of the United States.
1.-The Court has been so engrossed with
engagements that IT has not had the time
to prepare a written opinion in this case
as it would like to have done.
II simply state my conclusion that the
demurrer should be sustained, the Court
finding the law to be unconstitutional"
PLUMBERS SUIT.
r. Horito, by his attorney, r.. NJ.
Brooks, has filed an answer to the COM
plant of Gehring Butzke. making a
statutory denial of all the allegations,
and further alleges that the plaintiff and
himself entered into a contract where
by the plaintiff should perform services
and furnish material mentioned in plain
tiffs complaint at the agreed sum of
$40, and that before the beginning of
of this suit by plaintiff and after said
work had been finished, the defendant Of
fered the plaintiff the sum of $40 and the
plaintiff then and there refused the same.
The defendant declares he has been rea-
dy and willing at all times to pay this
amount, and now brings the same into
court
MACFARLANE-CA CATION SUIT DIS
MISSED.
A decree filed yesterday by the First
Circuit Judge in the bill for accounting
brought by John Fowler & Co., Ltd,
against Robert Cation ct al, orders that
bill do stand dismissed as
against the defendant Robert Cation,
with costs to be paid by the complain
ant TO the said defendant This cause
came on to be heard before the First
Judge at chambers on Friday, January Is,
on the demurrer of the defendant to the
bill of complaint An oral decision was
rendered yesterday by the Judge sus-
tanning the demurrer ON the grounds %
of uncertainty in the said bill and ()
that the court has no jurisdiction over
the matters and things set forth in the
complaint.
Hatch & Silliman, attorneys for plain
tiff, filed their brief on demurrer of de-
PENDANTS. The motion of plaintiffs for
leave to amend their bill was denied and
the action summarily dismissed.
FIRE INSURANCE CASES.
Return of summons mas been made in
the case of Sing Chan & Co. vs. The AL
lance Insurance Company. The plain
tiff, which is in reality the Oahu Lumber
& Building Company, seeks judgment
against the defendant for $3.50 on account
of insurance losses incurred in the Chi
natown fire OF last year Also returns
were made In the case OF the same plain
till against The Insurance Company of
North America to recover $1,000, and
against The Syea Insurance Company for
81, 600
Kwong Lee Yuen vs.. Alliance Assur-
ance Company for 1880 Insurance.; Sun
Lung vs.. The Insurance Company OF
North America for 500; kwong Lee Yuen
VS.. caledonian Insurance Company for
s., $50; Kwong Lee Yuen vs.. Alliance AS
surance Company for $3.50; kwong Leo
Yuen VI. Manchester Fire Assurance
company ioI sivol Leo ihHB CT III Fh'
Insurance Company OF North America
for tSl0.
Demurrers have also been filed ny
Kwong Lee Yuen ana Tong Chong Chan
have presented motion 10 set q day
for hearing on defendants demurrer,
CIRCUIT COURT JURORS,
The trial jury for the February term
OF the Circuit Court has been iiled, The
names ~ the jurors are as follows tob-
ert g. Lydooker Walter y, Dillingham;,
J. Oswald Lutted, Patrick ~ burnett,
Albert y, Harris, Jamea Brown, George
". CLARK. Thomas ~, fulrle, Charles
Ramsey. Peter A, Lucas, Walter w,
Chamberlain, Thomas w. MoflHhe, rhas.
~ Collins, ! liaTris haeksnsa Percy
llahmaH, simpson Decker, naYid y,
nallay, Francis ~, dreamy, Charles .
Pals. AlbeIt haTntH, 9pinips II harrtY
David l. npnklng, william a heamidL
samuel D., h0ii, Minnld u nahltti
Ahfahsm a. n lllsnala, Jvhn A. nHglfi
4.l. Al An.IIllsM a nIUHaUa A. Il