The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-10-21

posite to that which even counsel for
defendant contends was the intent of
Congress and instead of absolute pro-
hibition we will have an unlimited and
absolute unrestricted liquor traffic"
The court quoted several authorities
and continued quoting the United
States Supreme court as follows:
1T is urged that, as the liquors are
used as a beverage and the injury fol-
lowing them, if taken to excess, Is
voluntarily inflicted and is confined
to the party offending, their sale should
be without restrictions, the contention
being that what a man shall drink,
equally with what he shall eat, is not
properly a matter for legislation.
There is in this position an as
sumption of fact which does not
exist that when the liquors are taken
in excess the injuries are confined to
the party offending. The injury, it is
true. first falls upon him in his health,
which the habit undermines; in his
morals, which it weakens; and in the
establishment which it creates. But
as it leads to neglect of business and
waste of property and general de-
moralization, it affects those who are
| Immediately connected with and de-
penden upon him. BY the gen.
eral concurrence of opinion of every
civilized and Christian community,
there are few sources of crime and
misery to society equal to the dram
shop, where intoXicant liquors, in
small quantities, to be drunk at the
time are sold Unfortunately to all
parties applying. The statistics of
every state show a greater amount of
crime and misery attributable to the
use of these ardent spirits obtained at
these retail liquor saloons than to any
other source. The sale of such Ii
quors, in this way, has therefore beer
at all times, by the courts of every
state, considered as the proper subject
of legislative regulation. Not only
may a license be eXacted from the
keeper of the saloon before a glass OF
his liquors can thus be disposed of
but restrictions may be imposed as t
the class of persons to whom they ma!
be Sold and the hours of the day ant
the DAYS of the week on which tn
saloons may be opened. Their sale il
that form may be absolutely prohibited
1t is a question of public expedienc!
and public morality and not of fedora
law. The police power of the stat
is fully competent to regulate the bust
ness-to mitigate its evils, or to sup
press 1t entirely. There is no inheren
right in a citizen to thus sell intoxican
liquors by retail; it is not a privileg
of citizen of the state or of a either
of the United States. At is it a bust
ness attended with danger to he com
munity it may, as already said, be en-
tirely prohibited or be permitted undo
such conditions as will limit to the ut
most its evils. The manner and eX
tent of regulation rest in the discre
ton of the governing authority
1T is the opinion of the Court tina
the statutes of the Republic of Hawa
[ relating to the liquor traffic are in flu
force and effect excepting as they hav
been expressly repealed by the legisla
ture or the organic act, ana that tn
section under which this defendan
was indicted is in full force and effec
: and that the defendants motion
quash should be and it is hereb
S denied.
t GEORGE d. GEAR,
$ Second JUDGE of the 1st Circuit"