The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-03-27
PROHIBITION Bill
D00NEDINH0USE,
LEGISLATORS SAY
i, $500, q
"Fatal Error Found In Clause
Providing For "vote Of
Approval
MEASURE rs BELIEVED TO
BE UNCONSTITUTIONAL
Speaker Holstein Picks Flaws IN
Proposed Law Public
Hearing Is Held

The prohibition bill now before the
legislature, known as senate Bill 81, y.
10 be killed in the house. 1t will be re-
ported out by the Judiciary committee
with the accommodation that il be to,
b,ed. on the ground that II would be
I,pcnnstftutiotal and that the legisia-
ture has not the right 70 pass such an
act. s4...
according TO statements made yesterday
by influential members Of the lower
house, including Speaker Holstein, and
others not connected with the legis-
latufe. rg F5
Holstein pointed out in an interview
Yesterday that under the provisions of
the Organic Act the Territory has the
nc ver to regulate or restrict the sale of
liquor, hut the act does not give II the
power to prevent the importation Of
liquor.
But the fatal error in the bill how be-
fore the legislature, he indicated Is that
clause, or rider, for which Senator Pa.
eheco Is responsible, providing that
after the bill is passed by the legisla'
ture, 1t shall 60 to the people for ap-
proval or rejection at special election
to be held July IA, next.
s'olause Uneonstit,ftional"
1.-THE Governor Is the only one, - said
Holstein, "who has the right to ap'
prove of bill passed by the legisla-
ture and make it law. And the iegis.
lature certainly has no legal right ia
delegate, to the people the powers con
ferred on the Governor by the Organic
Act. In this Territory we have no ref
erendum law, therefore the referendum
clause OF the proposed prohibition Law
renders SC uhconstitutional.p
The judiciary committee of the house
TO which the bill was referred when il
came down from the senate, has not
taken 1t up for consideration, it wal
stated yesterday, but it IS generally un
derstood by those on the inside thh'
certain members of the committee hav'
given the matter considerable though
and have arrived Mt conclusions similaI
70 those outlined by Speaker Holstein
And the prediction is freely made b,
those same alleged insiders that tn,
committee will recommend that the bill
be tabled on the grounds above out
lined. H. y"
Notwithstanding this, public hear
ing on the bill was held by the judici
aiy committee last night, there being
considerable number of persons present
alarge proportion of them Hawaiian,
Il can hardly be said that the commit
tee got any new light on the subject
for the arguments advanced, both b.
the proponents and the opponents Of tn
bill, were the stock arguments that hav
enrask a.. .
proposed law first made its appearance
in the senate, -En.'" |-..I.. .
Japanese Opposes Bill ~ -"
One feature of the meeting last nigh
that was unusual however, was an az
dress made by a Japanese, who was OF
posed to the bill. The speaker wa
Okasaki, of the Hawaii Hochi, who toll
the committee that he wanted to say
few words to acquaint it with the sent
ments of the Japanese on the propose
legislation. Okasaki said that SO 10 -
proportion of the population of HI
&aii is Japanese that their sentiment
ought not to be disregarded, and he sal
that the enactment OF prohibitic
measure would seriously affect the plai
tatinnR. r,, p. r''E .l'. V ~. ~
Ninety per cent of the Japanese, II
speaker said, use sake. They do n,
use 1t TO become intoxicated, but Fath,
as a tonic. q Liquor In itself, - sal
Okasaki, "is not harmful hut rath
goes to bring health into the body
. The speaker stated that intoxicatii
liquors have been used in japan 2,
~ 2GOO years and il would be hard
break the Japanese of the habit abrup
H.. ~ The passage of the bill would (
more harm than good. .-E...
Power in Labor Here ~ .
ra You must remember he sal
=, that the Japanese are power in I
Dor here, and IL this law affects the ia
hnese, il win affect Hawaii. - -.
man named Papke made ram
ling speech from which il was dill
cult to understand just where he stod
He was opposed to liquor but thong
no man had right TO tell his neighb
what TO do. Therefore he was In fav
OF submitting the matter TO vote
the people, s>.-' =. :
johnny Martin thought that If I
house and senate would visit the poll
and Juvenile courts for week, Tn
w0nid De sure 70 pass the bill. ave
for prohibition" he said, 'aud INV
comes, III make a better showing
Preachers Favor Bill Ill.,"
Reverend Maihihihi said he "
heartily in favor of the bill but
favored leaving the whole matter
the federal government. Rev. s.
Kamaiopili, was also in favor of I
measure and hoped the commit
would report fayorably on IL. Il.
u. II. Kalco said he was very kaI
lua over the matter. particularly abe
allowing the Governor TO appoint s,
ing commissi oners. He doubted III
bill III cerried to the Supreme Cou
would hold water, for the reason II
IL contains two subject matters.
said he believed in strict prohibit
law that would not even allow the
Of liquor by physicians or scientis
Jesse Uluihi made "a characters
-- aLAl.cn III Ia = MIN l,un . a. .irll lnAA;