The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-03-06
La TestI of Sincerity
99e Ton

Ia Il est OTfO17IcG7'1tyt2 aees TON
Under the Organic Act the legislature can not pro-
hibit the sale Of liquor The act provides that the
the right to pass prohibition aw.-Delegats To Con
gress Kuhio, before the Committee on Territories
! January 9, 1917. tsaEs.N.
Nor shall spirtuous Intoxicating liquors be sold
except under such regulation and restrictions the
territorial Legislature shall provide.rext Of the Or
ganic Act in reference to the liquor traffic in Hawaii
ITHERE appears to be some confusion Of ideas
i whether the Territory, under its charter, is
authorized to enact prohibition law, especial
ly one which prohibits the importation into the
Territory of intoxicants, when such importation
need not necessarily be through interstate ship
ments as provided against under the Webb-Ken-
yon Act. Can Hawaii, for instance, prohibit the
importation of anything from Canada, Australia
or the Orient when there is no federal restriction
on such importations
1t is clear that the liquor interests of Hawaii
are satisfied that territorial prohibition law en-
acted without the sanction of special authority
from Washington, will be unconstitutional. The
legal representative of the liquor dealers assoca
ton, r. w. Breckons, was present at the commit
tee meeting when Kuhio made the statement quot
ed above, and acquesced in it through his silence.
Rev. DR.. Wadman and the other representatives
of the Anti-Saloon League also acquiesced in like
manner.
In Honolulu there are attorneys who have look
ed into the matter who agree in the opinion that
the powers of the Territory are circumscribed in
the Organic Act just as there are others who can
not see any limitation in the wording Of the statute.
However, as there does exist some decided diff
ference of opinion, why persist in the enactment
OF an act here that is open to question? Why
throw the prohibition question into court, when
such is entirely unnecessary?
If Senator Chillingworth and those who are with
him in senate and house in the advocacy Of pro-
hibiton for Hawaii are as sincere in their desire
to secure the abolition of the liquor traffic in these
Islands as they declare in their speeches, they can
prove it in twenty-four hours by dropping their
attempt to enact territorial law of doubtful valid
ity, at cost to the taxpayers OF $oOOO and sub
stitute for it resolution addressed to congress,
asking the national body to enact it's bill for Ha
waiian prohibition 4 ~ &U:& |".sI
There is no question about the validity of that
act; there is no expense to the Territory in con-
necton with it, either in the taking OF plebscte
or in the expense of enforcement, and there is no
reasonable doubt about the thoroughness OF the
"bone dry features OF the proposed federal pro-
hibition. 49,.
There is not either, any question about any VIC
lation of the "home rule" theory in the passage OF
the federal bill, especially II 1t be passed at the
request of the local legislature, because that bill
includes provision for a submission of the ques-
ton to the voters OF Hawaii petition-plebis-
cite before it can come into force. Kuhio, the
father of the "home rule" doctrine requested the
committee on Territories to include the plebiscite-
petition clause for the very purpose so expressed
of giving the voters of Hawaii the final decision.
So long as the eleventh-hour converts to pro-
hibition insist upon forcing the matter to vote
here, when nothing whatever is to be gained tor
prohibition and nothing of benefit for anyone ex-
cept the triaing political acclaim of having forced
another expensive election upon the people, just
that long will the sincerity of the local politicians
be subject to question.
There is another point in this matter of plebis-
cite scheduled for early in July. Such an election
on such question will necessarily conflict in a
most material way with the municipal elections
in Honolulu, to be held some time in June. With
a prohibition issue being discussed, the municipal
issues will be necessarily obscured and the candi
dates will, of necessity, be aligned on the booze
and anti-booze sides of that question 1t will COM
plicate matters seriously. 1t will result in Homo
lulu securing officials elected for their views for
or against prohibition, and prohibition so mixed
up with the race issue that it will be unrecogniza-
bic ~
Link McCandleSs and the rest of the kaukau