The Hawaiian gazette., 1917-03-30
Would Remove Objections In Path
Of the Pending Prohibi-
ton Act
PRESIDENT or SENATE IN
EARNEST REGARDING MEASURE.
viii ASK Congress To Enact Law
II House Defeats Prohibi-
s ton Law Here

II the Judiciary committee Of the
house Of representatives recommends
that the prohibition bill, Senate Bill
30, be tabled on the ground that IL is
not constitutional, concurrent reso-
luton will be introduced in the senate
by Senator Chiningworth, president Of
the upper house, petitioning congress
10 enact bone.dry prohibition bill foI
Hawaii
A statement to the above effect was
made yesterday afternoon by Senator
Chillingworth, who protested that he
was absolutely in earnest in intrOduc.
ing his prohibition bill and who dis
claimed authorship of or responsibility
for the bill now before the legislature
The present bill was introduced by tho
committee of the whole OF, the senate
hut, according TO Chillingworth, was
drawn by attorneys, acting for tn,
Anti-Saloon League, and was examined
and approved by Attorney C. r. Hem
eRway. The amendment, or rider, sub
hitting the matter to a referendum
vote Of the people of the Territory,
wns tackled on by Senator M. G. Pa
checo, who contended that as the part,
platforms of both parties contained
'anks AGAINST CHANGING the present
liquor laws, the question ought to 60 to
the voters for approval or rejection.
Referendum Bill Plan a
Out Of the muddle over the prohibi.
ton bill Is liable to develop bill pro-
viding the referendum for Hawaii. One
Of the principal objections TO the pro
posed prohibition act is that it dele.
gates to the people the right of ap-
proval Of the bill, which competent at
torneys contend is conferred only upon
The. Governor by the Organic Act. They
say that the legislature has no right
to delegate to the electorate powers be
longing to the chief executive of tho
Territory. Hawaii has no law permit
ting Legislative acts to be referred to
the people. Many of the States, how.
ever, do have the referendum.
II was suggested to some of the sen.
ators yesterday, including Presiden'
Ghillingworth and Senator Al. Castle,
that to obviate any legal question a.
to the right of the Legislature to refer
the question to the people, the legisla
ture might have the proposed prohibi.
tion,by-plebiseite bin held up in com.
Irittee in the house, OF perhaps tabled
in the house, and in the mean time &c
ahead and enact referendum law
Then the prohibition bin could be tax
en- up and passed, later to be referred
&c the voters for approval or rejection
This would do away with the objection
that has been raised that the legisla
ture has no right to refer measure
20 the people, in the absence of 9
referendum law. H.. =
OF course, the passage Of such bill
and its enactment into law would opeT
the way for the reference of any meas
ure to the people for which the legis
lGture did not desire to take entire re
sponsibility. , J.. u. 49,.
Senators Impressed
At first blush the suggestion ap
pealed to Senators Chillingworth, Cas-
tie and Robinson, who said they woult
look into the matter as regarded it.
feasibility. ..~t ~.
President Chillingworth, commenting
yesterday upon the prediction pub
lished in The Advertiser, that thu
house committee would suppress tn,
senate prohibition bill, declared tina
If such action were taken, he would in
trOduce concurrent resolution asking
congress to enact q bone-dry prohibi
ton law. ..-t.~-.. .-v.:-1
Cbillingworth further insisted tina
he was in the clear on the prohibition
question and that there was nothing
questionable In his intentions .
"I have thought this matter owe
Seriously he said, "and j have mad
up my mind that what Hawaii need
Is prohibition. Ny reputation is stake
on II. And want to tell you this--I 4
ready, and intend to 60 on the stun
for prohibition. That's where / stand
IN absolutely square in my actions
"The bill now before the legislator
is not my bill. Ny bill called 70
straight prohibition. 1t was tabled i
the senate. The present bill was draw
by the Anti-Saloon League. Tn
plebiscite amendment was tackled on b.
Senator Paeheeo. 1" 49,:
Senator Castle, who was present
vigorously contended that the prohibi
tiOn.by-petiti0n bill that was befor
congress was q fake. "There 3 not
chance in the world, /" said Castle, at
get prohibition in this Territory b
that method. Doubtless those who ad
vOcate il are honest in their belief, bu
I'm absolutely sure that wen neye
get prohibition by that method"
President Cbillingworth said he ha
submitted the present bin to Attorney
. General Stainback, who had told hil
that II would hold before the court
Against this statement of the attOrne,
general, however, are statements b
many other lawyers that the law,
enacted, would undoubtedly be held il
valid. ......
Whether constitutional or otherwis
II is fairly certain that II the bill |
enacted into law, il will have TO ~
the gauntlet of the courts, and
might be years before a final deeisiC
was obtained. sva j., .,...... 49,.