The Hawaiian gazette., 1918-08-23


territorial courts and officials in the
enforcement Of the Hawaii Prohibition
Act, which went into effect Mt mid
night last night, by congressional
Amendment Of the new law, has been
Recommended to Attorney General
Gregory as the best way violations may
be checked and violators prosecuted
and punished.
This recommendation has been made
to Attorney General Gregory by Dis,
trict Attorney s. c. Huber and Marshal
J. J. smiddy upon the suggestion of
Assistant Attorney General Harry Ir-
win. The recommendation is the fed.
etnl Authorities answer to the attor-
ney general s query as to how the pro-
hibitioh law is to he enforced in Ha-
whii.
Unless some such action is taken
and taken almost Immediately, the fed
eral authorities aud others believe the
United States marshal = staff will have
10 be Increased to force Of twenty
with the situation as it stands today,
and provide the needed machinery
strictly TO enforce the new law.
If some such action is taken the
several district and circuit courts of
the Islands and approximately $50 Po-
hcemen will be as much responsible for
the enforcement of the federal prOhi
bition law as they are for the enforce
AaN oe L. ~
Method Is Easy
Amendment of the Hawaii Prohibi-
| ti0n Act, 80 equal jurisdiction win he
given to all territorial courts and off
| cials with that of federal authority,
! will be O simple and effective expedi-
| ent. All that will be necessary, it is
said, is for congress to add n short
section to the prohibition act, cypress
ly stating that this jurisdiction has
been extended jointly to the Territory
with that now imposed in the federal
courts and officials.
| Hope is expressed that Attorney
! General Gregory win realize the need
Of this amendment, when he is fully
informed Of the local conditions and
i how the work Of large territorial staff
| or policemen must be continued, or
/ LnelE services TtDidtttl WIFI slt'ltIHl
officers, and that he will at once ask
congress to pass the necessary amend
| meut.
! Several benefits will be derived from
the passage of the joint jurisdiction
amendment, id the opinion of Assist.
ant Attorney General Irwin, "the ia
ther of the scheme, and Governor
McCarthy's representative for. the Ter
ritory, in securing proper regulations Of
the permitted importation Of liquor for
sacramento, mechanical, medicinal and
scientific PURPOSES.
| Chief Of the benefits will be tho
great saving of expenses to the fed
eral government, and to witnesses, de
PENDANTS, and all other litigants in
vOlved in any liquor cases, he says.
For instance, he points out, by this
joint jurisdiction arrangement a de-
fendant arrested in Kailua, Kona,
could be tried in the Kailua district
or circuit court, without the necessity
of being brought to Honolulu with all
the necessary witnesses and arrestinR
officers. as will lie otherwise required
as the law stands.
Besides" Attorney Irwin says
"The present requirements of the law
! will make persons on the outside $
lands backward about giving informa
tiOn regarding Violations as they
would not want to become mixed mp II
a court action which would require
their coming to Honolulu as witness
CS. -
"Also,' he SAYS, "the Island police
will have an interest in arreSting VIC
lators of the law so long as the lie
PENDANTS can be prosecuted in thu
courts of their district, which the!
! otherwise would not have so long a
they think it is matter for fedora
attention.
e In addition, Attorney Irwin assert
l that under the present legal require
ments of the prohibition act the Unit
4 ed States marshal Is force, now con
. sisting of only two deputies, will b
= entirely inadequate to control viola
b tiOs of the law.
1t is he who estimates that it woul
l. require at least twenty five or thirt
deputy marshals to provide Il force I
= replace the services of the teTritOria
4 police, unless the services of these pc
lice in enfoEing the law IN expressl
i required by statute.
Huber Trusts Police
@ While District Attorney Huber ht
II lieves the assistant attorney gencrT
a has struck the right solution Of tn
!. problem of the federal authorities j
q gaining the necessary machinery to 81
q force the prohibition law, he exprc.se
d confidence yesterday that the territor
- al police could be depended upon
arrest all viOlatOrs of the prOhibitiO
, act in the meantime while the amen,
ment to the act is being secured ffoi
, congress.
~ But us has been pointed out hefor
N all yioIators OF the act arrested no
, can be prosecuted in the territorii
:, courts only for the sale or alcohol
; liquor. With this the ease, vioIatOl
. charged with Illegal transportation, in
= porting, exporting or giving away {
a liquor. will have to be prosecuted
y the federal court, until rougreS
- amends the Hawaii Prohibition Act.