The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-04-05
AGAINST A
D|SPENSARY
CFrom Thursdays DailyJ

Al the morning session OF the Senat,
the following report was the prominen
feature of the transactions;
Report or the committee on 1ntoxicant,
on Senate bill No. AZ:
To Honorable Nicholas Russell President
Of the Senate.
Your Committee on Tntc xicants. after
careful consideration of Act No. a. en-.
titled AN Act 10 Regulate the Manufac.
ture. TralspC rtat.on and Sac or Lila tOrs
OPIUM. Ava and Other lntoNIcnnts ...
In the Territory OF Hawai- su nit that
thu main questions to be considered be-
Z r. recommending so radi,a, a measure
are:
!. Are any similar laws In operation In
other paris Of the word?
:, If so, are the sOca! condit ons OBJ
tanning in communt es where they are
In operation similar to those existing
herel
s. what have been the results, social
ly and economically OF their introduc-
ton!
g. If the law were introduced in this
Territory, would II be acceptable to a
majority OF the electors?
& Would II conflict with any provision
Of the United States Constitution
d Is 1t calculated to promote temper
hhtt III llt use VI
I. Are there any special or peculiar
conditions existing in this community to
which the law would be inappicable?
Would the sum of 800 900, proposed
for carrying out the provision OF this
Act be adequate for the purpose7
First-We find that government monop-
oiies OF the liquor trade have been at
tempted In the State OF South Carolina
U. s. A. under the title OF the "dlspen-
sary system; In Sweden under what h
known rs the "Gothenberg system: and
In certain provinces OF Russia.
second-The social conditions in South
Carolina are to some extent similar TO
those existing in this Territory. and I'm
other respects they differ materially. The
community is for the most part nm agr-
cultural one, devoted to the production
OF sugar. cotton, etc, and II Is composed
or mixed social elements. But the char
acteristics or the negro race which forms
majority OF the population are essen
TALLY different from those of any OF the
races constituting an important element
OF the population OF this Territory II
is understood that the actuatlng motIv,
for the framing OF the Dispensary law bv
the Legislature OF that state was the
imperative demand or the white popule
ton for some restriction upon cnr,o,r
proclivitios of the negroes which had be
come notorious and which were Souen,-
ed ny the abuse OF liquor. No such mo-
tive exists in this Territory. Iinuor
cases and crimes Of violence ras,,tIrg
from the abuse OF liquor are rare in our
nlinst. whilst crimes OF the partirrlor
kind which aroused the Indignation o,
iaw-ahlding citizens IN South CaroIIns
are practically unknown here. The 60
c'aI conditions obtaining in Sweden and
In Russia are wholly different from those
win which we have 10 deal The tradj-
tlons OF the great mass OF the Inhabit-
ants or those countries are such that
they VIII readily submit 10 what nav he
termed "paternal leeIslation"; never hev-
ing been educated up TO splf-poyernrnapt
ana an appreciation OF personal liberty
az these are understood in the JrpIted
States. they would not he l,ke,v ,o y.
sent the imposition Of such n law as an
arrangement OF individual rights
Third-Upon the results OF the opera-
tion or the law in other communities we
40 not propose to speak exhaustively he
cause full and reliable Information there
on Is not at the present time in our no.-
session. We, however consider it i'm
perauve that such knowledge be placed
before you In order TO determine intelii
gently whether this law ts n desirable in
hovatIon The danger OF Introducing 80
radical measure without due delIhers
non was striklnGly exempliled in South
Carolina, where the law was rusbed
through the Legislature at 'ts session q,
lSs- with little or no discussion prd in
the absence of tho very Information n,
10 previous experience which we deem so
essential II was amended nj the two
succeeding sessions and Its attempted on
forcement hns IN the meantime given
rise TO endless litigation serious riotInr
ana even loss of life. The existing no
lice force OF the state was found utterly
inenective In CARRYING out It's provisions
and special constahularv was nnroIntes
Tor that purpose hy the Gove-nor co
oitter and strenuous was tho opposttion
IN some quarters that the meubers ~
this speclal force were armed with rInes
70 enHh'e them to enforce the law and .
the militia were roquis'tIoned 10 suppIe-
ment their errorts-a striking commcnt,r,
on American liberty; proving conclusive I
ly that the law was IN conflict with nuh
nc sentiment. At NIL times n gtrony
FORCE OF cnnstahuarv. which NAV he
AUGMENTED hv the Governor is everv
where at work ferreting out violations OF .
the law, watching railroad stations .
steamboat landings. express offices and
other avenues NJ commerce Barrels and
hoNeS annarNntlv containing flour yrn-
"er'eS and other merchandise nra yra
quen''v searched for liduor n1uch "a ~.
annoyance ~ tho owners
Fourth-HnvinF learned from eSten-
sivelv stoned petitions that n large nun
''l " 'U' electors are opposed 10 this
law wN deem n oNpodient that onrortI
n'v he AFFORDED 'or rull ana free discus
sion and 20 gauge public opinlon there.
On, move particularly hv reag0n ~ ~.
TACT thot ~ the time ~ the last Terri.
'"rlAl election the liquor question wss
mot mooted In any party platform.
Flfih-To enact under these cIrcum.
stances low 20 radical ana far reach.
lnT In ne effects without nrst giving ,h.
electors AN opportunity 90 cNpress them
selves thereon would be- wuduly arbi
trsry
slsth-1he Supreme C0ur, ~ the stat.
"f south Carolina has rendered a ma
lnrltv decision that the pIspensary law
as existing I'm that state .s unronstirY
'lnn1l This was afterwards reversed lv
a rhhnFr iu me personnel of thr bench
~, United States Supreme Court lr.
declared thHt those provisions ~ ths
SCUM Carolina blHnonssW law witch I.
l'lhll rliItrns pf The State 10 lmanu .
NUrnr for Ihclr own use arc In contru,
NtllHn - ihn Interstate C0nmrrrs
'An7e NJ me United states o1wum-