The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-04-14
THE SENATE.


A veto message from the Governor
reached the Senate Immediately after
Chaplain H. H. tarker's prayer this
morning. 1t was not the County Act,
but of the act to protect owners of
bottles, boxes, ETC., and it reads as fol-
lows:
To the Legislature of the Territory of
Hawaii:
Herewith, | return Senate Bill No.
80, entitled can Act to protect the
owners of bottles, boxes, siphons, tins
and kegs used in the sale of soda wat
| ers, mineral or aerated waters, porter,
ale, beer, cider, ginger ale, milk, cream,
small beer, lager beer, Weiss beer,
white beer, or other beverages or med
| icines, medical preparations, perfum-
cry, \compounds or Mixtures which 1
am unable to approve.
| The evIuent intent of this bill is to
| prevent the sale of beverages, ETC., in
F.! bottles or containers marked with some
| standard name or brand by persons
| other than the owner of such brand.
| The bill, however, goes too far in it's
| prohibition of the use of such bottles
or containers. Any person may be ar
rested for innocently using bottle
such as is described by reflling it
with water or cold coffee for use on a
| days outing. Possession of such bot
| tie would subject the person to fine
| of fifty cents, whether it was used with
intent to harm anyone or otherwise.
Further, possession w persons other
than the manufacturer and owner of
such mark or brand, who are engaged
in similar line of business, might be
perfectly innocent and without any in
tent of wrong doing, and yet possession
of such container is made prima facie
proof of unlawful using.
Again, in many cases, the purchaser
of articles in breakable containers is
charged witt and pays for the con
tainels; yet under this bill it would
appear that title to such container can
only pass by written consent. Thus
the bill interferes too much with a
man s right to do what he pleases with
his own, so long as he does not injure
another.
If the person does not use the con.
tainer in any way so as to injure the
trade or business in which this con.
tainer originated, little or no harm is
done, and there appears to be no rea-
son why every possible use of such
container should be prohibited.
Furthermore, Section is unconstitu-
tional in that the affidavit on which q
search warrant may issue may be sole
ly on information and belief, while an
oath to positive facts is necessary.
(Signed) G. r. CARTER,
Governor
Executive Chamber, April -, 1905.
Hewitt moved, seconded by Dowsett,
that the veto be sustained, which car.
ried unanimously on call of ayes and
noes.
HOUSE MESSAGES.
The House by letters announced its
passage on third reading of the follow.
ing House bills:
No. 90, relating to attachments; No
1856, relating to trial jurors; No. 1888
authorizing the issuance of certificates
of Hawaiian birth, and No. 1888, relat
ing to wills.
All of which were read by title and
passed first reading.
The House also notified the Senate
that it had passed House Bill No. z
notwithstanding the veto of the Gov
|
ernor. The message was laid on the
table to be considered with the bill.
The House also notified the Senate,
the message being placed on file, that
it had concurred in the Senate 8
amendments to House Bill No. 8.
AUTOMOBILE ACT.
Dickey gave notice of bill, which
was read first time by title, to repeal
See. 81, Penal Code of 1862 and to
protect the public from dangers from
automobiles and other motor vehicles.
SECRECY VEIL REMOVED.
/ Paris moved the following resolution
which was amended by Dickey and
carried
'Be it resolved, that the seal of Sc.
crecy required of the members of the
Senate as to proceedings of the exec
utive session of the Senate held April