Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-02-21
Chamber of Commerce Com.
mittee Approves Proposed
Legislation for Session


--..
Backed by the Chamber Of Com.
merce vice inquiry committee. a bill
VIII be introduced early in the session
OF the legislature directed toward the
suppression OF commercialiZed vice,
and modelled along the lines OF the
Iowa abatement BY Injunction" act
, This was decided at a meeting Of the
committee Monday when the draft Of
the proposed bill was approved. 49,.
The bin is as follows: ...
Section ]. Whoever shall erect. es-
tabIish, continue, maintain, use, own,
occupy. or, lease any building, cree
ton or place used for the purpose OF
lewdness, designation, or prostitution
IN the Territory Of Hawaii Is guilty OF
a nuisance, and the building, erection,
place or ground in or npon which such
lewdness, designation or prostitution
Is conducted, permitted or carried ON,
continued or exists. and the furniture,
fixtures, musical instruments and con
tents thereof, thereon or therein are
hereby declared a nuisance, and shall
be enjoined and abated as hereinafter
provided
Section 2. Whenever a nuisance
as defined in. this act is kept. main
tanned or exists, the encouragement
of the territory, or the attorney OF the
county or city and county in which
the nuisance exists or any citizen of
said countyIor city and county, with
the approval or the attorney-general
or the attorney of the county or city
and county, may maintain suit in
equity in the name OF the Territory OF
Hawaii 10 perpetually enjoip and abate
said nuisance, and enjoin the person or
persons conducting or maintaining the
same and the owner or agent or les
see OF the building, erection, place or
ground in or upon which said nuis-
ance exists. In such suit the circuit
judge at chambers may. upon the
presentation Of petition therefor al
leging that the nuisance complained of
exists, allow temporary writ of in
junction without bond, II the existence
OF such nuisance shall be made to APP
pear to the satisfaction of the judge by
evidence in the form of affidavits, de.
positions, oral testimony or otherwise
as the complainant may elect, unless
the Judge by previous order shall have
directed the form and manner in which
II shall be presented. Not less than
three days notice IN writing shall be
given to the defendant or defendants
OF the hearing of the application, and
n then continued at his or their in.
stance, the writ as prayed for shall
be granted as matter OF course. |
When an injunction has been granted,
II shall be binding on the defendant or
defendants, throughout the. territory, /!
and any violation Of the provisions
OF the injunction shall be contempt
as hereinafter provided.
.~Secti1na2. Except as herein other
wise provided. service Of process shall ,
be made as in ordinary equity proceed |
ings. In all suits under this act evil !
denee OF the general reputation Of the
place shall be- admissible for the pur-
pose Oh proving the existence of said
nuisance II the complaint is filed by
a citizen st. slian not be dismissed ex-
cept upon a sworn statement made
by the complainant or his attorney.
setting forth the reason why the suit
should be dismissed. and upon the
approval OF such dismissal by the att
torney-general or tie county or city
and county attorney in writing or in
open court If the Judge Is of the
opinion that the suit ought not to be
dismissed, he may direct the attorney
general or the county or city and coun-
~ attorney 10 prosecute the case to
final judgment; and II the suit is con-
tinued more than one term OF court,
any citizen OF the county or city and
county or the county or city and coun-
~ attorney or encouragement may
be substituted for the complaining
party, and prosecute the suit to final
Judgment, ar the suit is brought by a
citizen and the court finds that there
is no reasonable ground or cause for
bringing Il. the costs may be taxed j
10 such citizen.
Section 4. In case Of the violation