The Hawaiian gazette., 1918-08-13

In decisive refutation of the stand
taken by Lincoln l.. MoCandless, can
didate for the Democratic, nomination
for delegate to congress, in his attack
in the territorial supreme court upon
the right of the food commission,
through authority delegated by the ter
ritorial Legislature, to fix food prices,
particularly of Hawaii grown rice, the
Territory of Hawaii by City Attorney
A. NJ. Brown and First Deputy Attor-
ney A. NJ. Cristy, with Robbins B. An
dersOn as special attorney, leaves the
alleged would.be food prohteer not even
legal wooden leg to balance himself
upon.
Dealing with the six reserve ques-
tions at law, submitted to the supreme
court, counsel for the Territory in a
most comprehensive brief accentuate
the "unenviabIe" effort of the would.
be Democratic candidate to make void
the rules of the territorial food com
mission. In this respect the very first
paragraph of the brief says:
Unenviable Distinction"
1.-THE main question presented to this
court, to-wit, the validity of legisla-
tion regulating food prices, has not yet
been adjudicated by American courts
At least after careful search Of the
recent decisions we have not been able
to find any cases on the point, and the
failure of the attorney for the de-
fendant to cite any such cases in his
learnedNand able belief confirms US in
the belief that none are yet to be
found. Most drastic food legislation
has been passed by the federal gov
ernment and by States, but apparent
ly it has not yet been challenged in
the courts. That is a record Of which
Americans may be proud. The unen-
viable distinction Of being the leader
in an attempt to defeat such legisla-
tion seems to. have been reserved for
thedefendant in this case. OF this Ha.
waii cannot be proud"
Continuing, the brief cites the fact
that food regulations have become al
most universal throughout the civiliE-
ed world and have been found to be
most necessary and beneficial, and
then it asks: -
"Is our government so handicapped
that IL cannot do what all other gov.
ernments are doingi"'
Police Power Suficient
In answering this question counsel
for the Territory assert that the police
power of the Territory is elastic and
adaptable to the needs of the people as
they arise from time to time, also that
this power can be exercised much more
drastically during war than in peace,
and will amply support the legislation
and regulation attacked by the defend
ant.
The brief calls attention again to the
fact that there are no cases dealing
with the validity of food legislation,
but that there are many authorities
dealing with other questions involved
The brief then proceeds to take up
each of the six questions at law based
upon apparent conflict between the
territorial and federal statutes as to
rights Of regulation by the larger and
lesser power, citing many decisions in
support of the presumption Of right in
the passage of a law backed by police
power, by a legislative assembly.
In this respect the Territory in it's
brief explains that it will have to go
outside of the United States to find
authority dealing with the validity Of
food legislation, and cites one author
ity from Australia, as follows:
Australian Authority
cone power but partially exercised
as yet and which has not been the
subject of adjudication is the regula
tion Of food supply and prices. A case
has, however, arisen in Australia, un
der a constitution similar to ours
which the court decided largely on a
citation of American authorities.
In that case it appeared that a
conviction was had for violation of a
regulation fixing the maximum price of
bread. 1t was contended that the war
power extended only to matters direct.
" cOntributOry to the prosecution of
the war and did not authorize social
or industrial legislation. The Court
said:
AS l read the constitution, the
Commonwealth when charged with the
duty of defending Commonwealth and
states is armed with a DOW
er which is Commensurate with the
peril it is designed to encounter, or as
that peril may appear to the Parlia
ment itself; and If need be, it is
power to command, control, organize
and regulate, for the purpose of guard
ing against that peril, the whole re-
sources of the continent, living and in.
ert, and the activities of every inhab.
itant of the Territory. The problem
of national defense is not confined to
operations on the battlefield or the
deck of a man-of.war; its factors enter
into every phase of life and embrace
the cooperation of every individual
with all that he possesses, his proper
~, his energy, his life itself; and in
this supreme crisis we can no more
s"Ner the requirements and efforts of
the civil population, whose liberties
and possessions arc at stake, from the
movements of our soldiers and sailors
who are defending them than we can
cut away the roots of a living tree and
hid it still live and bear fruit de
prived Of the sustenance it needs -
cumming UP Brief
In summing up its brief of over
twenty pages the Territory claims
that:
." Food regulation laws incIuu,ng
u"iO" fixing are proper and rightful