The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-02-22

F. Frear, of Hawaii.
! This commission, after extensive
hearings held in Hawaii and after a
thorough consideration of all local
laws and conditions, reported a form
of organic act for the Territory OF
Hawaii, which act was, in all substan-
tial forms, enacted into law by the act
of Congress approved April 80, 1900.
Sixth. That because Hawaii, as an
independent government, voluntarily
coded its domain to the United States,
in view of the high standard of self
government already attained by the
people of these islands and further,
because of the inherent reasons for
giving an isolated community such as
Hawaii the largest measure of local
autonomy, the congress saw fit to con
fer upon the Territory of Hawaii in
it's organic act certain broader pow
ers than have ever been given to any
other Territory of the United States.
Seventh. That because of the salts
factory showing made by the terrific
rial government of Hawaii since an
nexation Congress has seen fit to en-
large those powers of self-government
in certain respects, and in no case
heretofore have those powers been
lessened or infringed upon
Eighth. That section So of the or
ganic act provides:
"That the legislative powers of the
, Territory shall extend to all rightful
subjects of legislation not inconsistent
, with the Constitution and laws of the
United States locally applicable
Ninth. That, acting under the le-
gislative' authority visited in it by the
, organic act, the territorial legislature
has enacted a right law for the Tegula-
ton of the liquor traffic in Hawaii. I'm
der this law board of license commits
sioners is appointed by the governor
for each county. The members of
these boards serve without remunera-
ton, and no one interested, either di-
rectly or indirectly, in the liquor busl-
ness can be a members of such board
The citizens now serving on these
boards are, for the most part, men of
distinctly temperance sentiment. in
fact, in the county of Kauai the board
has refused to issue any saloon licen.
ses whatever, thus practically estab-
= fishing local prohibition on one of the
four largest islands of the group.
If the Congress should pass bill
repeating the liquor law enacted by
the Hawaiian legislature, and thus
leave the liquor business wholly I'M
restricted in Hawaii, such an act
would at once be recognized as a VIC
lation of the rights conferred on the
citizens of Hawaii to regulate their do
nestle affairs and to establish then
! own police regulations.
Both in principle and in fact the
pending bill similarly invades the sell
governing powers conferred by Con
gress on the Territory of Hawaii tC
be exercised by it's elected legisla
ture; it would, in effect, be no less
an invasion of the right fhome rule
than would an act legalizing the sale
of liquor to all persons and in al
places in the Territory.
When the people of Hawaii gave III
their Independent government to be
come Territory of the United States
", they knew that Congress would of ne
cessity have plenary legal authOrit!
y, to legislate on any subject whateve
affecting the Territory; in othe
words, that while the Congress, by tn
organic act, reserved certain legisla
tive powers to legislate on all sui
jects affecting those islands would
still inhere in the Congress.
But the people of Hawaii transfer
red the supreme authority of thei
government to the United States, be
= lieving that the established principle
- of this Nation would never admit Q
its interference with rights OF sell
government conferred on a Territor!
particularly when an Independent
- country was made a Territory of tn
" United States for the mutual benef
= of both countries; and we still believ
- that the Congress, in legislating fo
u Hawaii will ha govarnad NV moral nj
legations and a regard for good fat
and will not, knowingly and withou
~ good cause, revoke a previously col
~ ferred and important power of sci
government, even though it have tn
% naked legal power so to do.
a.
=, 1t is noteworthy that the pendin