The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-05-22
SENATOR DICKEY
ON TEMPERANCE
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believe it would lead to the establish
ment of many low centers of inquiry.
Fifth-class licenses for 500 have been
entirely abolished, and the lowest fee
for license in the Territory is now
$3.50. This, with the discretionary pow
er of the commission, will do away
with many of the disreputable resorts
which infest the land.
The phraseology relating to minors
has been improved. Formerly, the
wording of the law was: NO minor
shall be permitted to loiter on saloon
premises" The new law states ex-
plicitly: mo minor, or female, shall
DE permitted to be, or remain, in or
about any saloon premises where liquor
is sold over a bar" Formerly, it was
hard to prove that a minor was letter
ing, but it will be easy to show that
a minor was permitted to remain about
the premises. Another Improvement is
doing away with the club license of
500. This has been repealed by impli-
cation-Section of the new law, which
says: mo person shall sell, or keep,
or offer for sale any intoxicating liquor
except as authorized or licensed to do
so under this act" Druggists furnish
ing liquor on prescription are excepted
from this provision.
This" said Senator Dickey, will
cut out many of the small clubs and
perhaps some of the large ones which
will not be willing to go to the addi-
tional expense for doubtful privilege.
The new law defines a restaurant in
such a way that the trickery formerly
practised by some of the make-belieVe
restaurants will no longer be possible"
The law upon this point says: The
board shall be satisfied that the res
taurant shall be a bona fide restaurant,
at which meals in good faith are Pro-
vided, and to be provided upon specific
charges for the same, and that the
meals are such as require the services
of a cook, and that there Is actual
cooking upon the premises. No free
lunch scheme, however devised, shall
be carried on at any such restaurant
Concerning the issuance of license
I Senator Dickey said:
Under the old law the Treasurer
was obliged to issue a license applied
for under the restrictions, if the appli-
cant complied with the law. Now, by
the new law, all applications must be
put into the hands of the inspector for
examination and advertised for four
consecutive weeks. This gives the OPP
ponents of saloon chance to work,
which, Mr.. Dickey explained, meant to
secure the signatures of a majority OF
the voters in the neighborhood, protest
ing against its establishment in their
midst.
There were few particulars, which he
had noted, in which the new law was
worse than the old. The bond is not
so good, in that the amount of the
penalty and costs only can be recov-
cred, whereas, under the old law, the
whole amount of the bond $1,000, was
forfeited.
The old law prohibited the issuance
of a license to one who had been twice
convicted of drunkenness, ran a gam
bling house, etc. This the new law
omits Both laws were defective, 1t
was shown, in the matter of designat-
ing whose consent must be obtained
The old law says property holders and
occupants as to Honolulu, and prop
erty holders" as to other localities. This
is vague, and should have read own
ers of real estate" as it Is the real
estate which is affected by the estab-
lishment of a saloon near it, Under
the old law a license was not trans
ferable. Under the new law it may be
transferred by the written consent OF
the commissioners, which is not an inn
provement.
In the new law this provision has
been omitted: 1.-The record of payment
of United States tax as a liquor seller
shall be competent evidence that the
person therein named keeps for sale
and sells intoxicating liquor. To this
extent the old law was the better.
The new law makes it penalty to
encourage or incite minor to pur-
chase liquor. This provision keeps any
person who is trying to convict IL
censee of selling to minors from oo-
tanning evidence by means of decoy'
which is often the only way in whlch
it can be obtained.
Taken in it's entirety. Senator Dickey
pronounced the new law great I'M
provement on the old, though II ZEN
short of the desires of the temperance
element
The failure of the local option law
by a majority of but one vote in the
Senate was great disappointment 10
all lovers of temperance. 1t was hoped
that it will prevail two years hence
The local option feature in the law by
petition, which is the same as in the
former law, was pronounced traVesty
on local option. The only advantage
in the new law. as had been shown,
was that in the four weeks required
between the date upon which license
was applied for and granted. time was
given to prepare protests.
Frequently throughout his exposition
of the law, Senator Dickey gave more
explicit explanations upon points for
which additional light was asked, and
this, also was done as clearly and as
concisely as the original matter had
been prepared.