The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-20

n vigorous crusade against the
, u Belgian hare, thirty-two OF the
pests were gathered in by the police
yesterday morning, and Wagner, the
proprietor of the rabbitry in Kalihi
valley, was placed under arrest. This
action was taken upon information filed
Saturday before Judge Wilcox icharg-
ing Wagner with violating section 14s4
of the penal laws.
The following reference Is made to
rabbits under part III. chapter So OF the
penal laws OF 1897: .,-#
Section 1883. The keeping and breed
ing of rabbits in the various Islands of
Hawaii Is hereby prohibited. 4
Section 1854. Any person who shall
keep or maintain for breeding any rab-
bits in any Of the Islands is guilty of a
misdemeanor and upon conviction
thereof shall be punished by fine not
exceeding one hundred dollars, for the
first offense. and upon conviction there
Of a second time shall be punished by
a fine not exceeding one hundred dol
lars and imprisonment at hard labor
| NOT eNceeulnS TWO months.
Section 14S5. Any police officer or
other officer of the peace Is hereby au-
thorized to destroy any rabbit found in
this Republic (Territory) and no officer
| destroying any rabbits shall be liable
| for any damages for such destruction
to any person claiming the ownership
Of such animals, provided that no Off
Ger shall enter in any inhabited inclo-
sure for the purpose of taking or de-
stroying any rabbits, without author
! ity of law under a warrant duly is
! sued.
Section 1886 This act shall not APP
! ply to any persons raising rabbits when
said rabbits are kept in confined
state and only intended or kept as pet
animals.
| Both warrant for arrest and a
search warrant were issued by Judge
Wilcox at the instance of High Sheriff
Brown. The search Of the premises was
first made in Kalihi Sunday morning,
and in all thirty four rabbits and Bel
gian hares were found by the officers.
The law gives the officer the right to
destroy any such animals found within
the Territory, but as this Is the first
action to be brought under the law 1t
was deemed wise to hold the hares I'M
til the matter is passed upon In the
courts.
Thirty rabbits and Belgian hares
were brought down from the rabbitry
in Kalihi valley In a cage which had
been specially constructed for the oc'
casion. 1t was on this account thai
the serving Of the warrant was delayed
until Sunday. The forerunners Of 9
great pest were then taken to Oahr
prison, where they are kept closely
confined. on a strict diet Of ii leaves
and vegetables. There were thirty -foul
in all. large. small and medium-sized
white, brown and of color crossed
between the two. Wagner was also
placed under arrest. having been found
ia his office in the stockyards district
He was later released on bond to ap.
pear this morning at 10 o'clock before
Judge Wilcox for a preliminary hear
Ing. He has employed counsel and will
fight against the enforcement Of The
/. law.
There are many Of the pests tha
are kept as pets" said Sheriff Brown
! yesterday. I'VE cannot touch these &C,
cord.ng to law. There IL a distinction
between rabbits for pets and those fol
breeding purposes. 1t is a bad thing
though. for the enforcement Of tn,
law, to make distinctions of this kind
for there are numerous Belgian hare.
that should be destroyed that will b,
kept under this construction Of tn,
statute. Many will seek to evade the
. law in that way. but where the evil
, dence Is conclusive that the Belgian
hares are being used for breeding pur
poses, we shall prosecute vigorously
The law should make no distinctions IL
a matter OF this kind"
The line of defense is not known. bu
! q test Of the law will hardly be at
tempted on the ground that these ami