Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-10-06
MILK ORDINANCE
RECEIVES VETO
Many Defects FOand In
Proposed Remedies
For Honolulu

ttbtlN lnNl ttp, Nupll'alC O!ONlS-
iuus Ct The TcrI0urial laws, a cunGi-
ton which has been condemned by
the supreme court. and that in some
cases they are unfair to the small
dealers. Also he claims that ordi-
n9uccs Nos. - and - overlap each
other, which makes both undcsiru-
bic. lie asserts, however, that he Is
net opposed tn the end that sought
to be- obtained, but desires the board
to draw up new ordinances that will
rc free from the defects in the pres
cnt drafts.
Tho Mayors vctoes follow:
Honolulu, r. H.. Oct !. 1909.
TO the Honorable Board of Supcrvis
ors Of the City and County Of
Honolulu.
Gentlemen:
| herewith return to YOU Ordi-
nance 40. -, entitled An ordinance
providing for the inspection of milk
and dalrics and dairy cows, ad reg
ulatin% the sale of milk. and pro-
hihiling and furnishing the DISPOSE
ton of unwhOiCsOmc, i'm pure or adult
tcIGIcd milk in the City and County
Of Honolulu" without my approval
and | do hereby specifically disap.
prove and veto said proposed ordi-
nance.
Among other objections which
have TO this proposed ordinance Is
the fact that a large number of the
provisions therein contained are un-
necessary, as being already covered
by Territorial law now in force
Chapter So of the Revised Laws of
Hawaii. entitled "Adulterated Foods
and Drugs" makes specific provision
against the sale of adulterated milk.
and section 1883 of the Revised
Laws also relates to the selling of
adulterated milk and provides pen
atty therefor. Section 1889 gives
any police officer or agent of the
Board of Health power to inspect
and test any milk so offered for sale
and to conliscate any adulterated
milk which he may find.
Subsection / of Section 90 of the
Municipal Act confers upon the
Board of Supervisors the power ITO
Ordain, make and enforce within the
limits Of the City and County of lIo-
nolulu, all NECESSARY local police.
sanitary and other laws and regula-
tiOns not in conflict with the gem
eral laws of the Territory. or rules
and regulations OF the Territorial
Board OF Health, and fix a penalty
for the violation Of any ordinance"
In the case Of the Territory VS.. l..
J.. McCandless ct al, reported in Ha-
waiian Reports No. is, on page GIG,
the Supreme Court of this Territory.
on pages G25-d24, says: There
are grave objections to duplicating
by county ordinances the penal laws
of the Territory. Not only are per-
sons made liable thereby to be pros
ccuted both by the county and the
other, for the same S90S. ...6....
Territory, one subordinate to the
other, for the same act, but public
harm would often result either from
conflict between the two jurisdic-
tons or from uncertainty as to which
ought To assert itself and which
should await the action of the 9TH
Cr."
Again on page GA, the court says:
''It Is undesirable to extend power
Of counties so as to duplicate I'M
necessarily the laws of the Territory.
UNNECESSARY expense and conflicts of
jurisdiction are to be avoided. The
ordinance is not required for con-
troll over local affairs, and its opera
ton would tend to conflict with the
Territorial law"
notwithstanding the provisions of
Sec. 3 of Act 70, Session Laws of
1909, to the effect that mo ordi-
nance shall be held invalid on the
ground that 1t covers any subject or
matter embraced within any stat
ute or statutes Of the Territory,
whether such ordinance Is in conflict
with any such statute or statutes or
otherwise" land assuming the valid
lty OF this last quoted enActment),
am of the opinion, in view of the Ian.
guage of the Supreme curt just
quoted, that such portion of the pro-
posed ordinance as duplicates the
existing Territorial law on the sub
jcct Is unnecessary and wise.
That portion of Section 2 Of the
proposed ordinance which requires
that each applicant for "A permit tc
sell milk in the City and County OF
Honolulu shall furnish with such APP
plication certificate from a veter'
mary surgeon that all Of his cows
are free from tuberculosis Is objec
tionabe, for the reasons % thai
the Territorial law above referred tt
at the present time prohibits the
sale of milk from diseased animals,
and to that extent the provisions o.