The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-06-25
Possession Of Booze
Not Illegal Under
Prohibition Act
Must Not Be Sold, Given Away
Manufactured Tran spOrtedI
imported Or Exported = New
Law In Effect August 20

Mere possession Of liquor in these
Islands, 80 long rs IT is not sold, given
away, manufactured, transported, i'm.
ported or exported, will not be viola.
tion Of the Hawaii prohibition act,
so long as its possession d6es not VIC.
late the presidential Oahu "dry" or.
der, thinks United States District At
torney 8. G. Huber, after reading the
official copy Of the act which reached
him yesterday.
As the act was approved by the
President on May 20, II win 90 into
effect at midnight on August 90, Eve
iays SCOOTER tGah was Rrst estimated
here, as provision is made that II il
TO become law ninety days otter the
passage Of the act. w. ~ .''"'@
While the district attorney answered
a question as to whether the posses
sion Of alcoholic liquor was ptohibite3
BY the act With q negative reply,
he would not say OF hand how the use
Of any -" liquor in possessioh'' may
be carried out, without violating the
law. But hs does point out that the
NV SPYClnos II sndu De unluWIul 10
Ssll give away, Manufacture, trans.
port import, or export Intoxicating
liquors" during the period Of the war
y, When asked TIA person in possession
of liquor III his own home would be
permitted to give it to members Of
his family or guests, he replied:F .
l.. tn" ,fha y q question for the courts
He would not enter into. discus
sim as to the. permissible scope Of the
possession right, against which there is
plainly no prohibition, or whether il
might be ruled that because of the
right Of possessioh,, there was an in!
herent right to import liquor for such
p6nprohibited possession. o.
{ Uhder d very similar prohibition act
n Arizona, the supreme court held
that there was a right to import for
PERSONAL use, liquor 50 long as its pos
session was not prohibited. This act
also prohibited the importation and
transportation OF liquor, However,
this was q state decision and il is not
ikely a United States court would
make the same decision in regard to
this Federal act.
Death To Swipes
Making and Use of swipes is dealt
a death blow by the prohibition act
as it strictly prohibits the Manufacture
of Intoxicating liquor. The same thing
is true Of all the. beer and sake brew
cries and wineries, even if the liquor
is made for personal use.
The penalty provided for the viola
tons Of the act Is a fine of $500, or
limpfiAe4pent for q period Of not long
er IN 'dhe year, Or BOTH
p vision is made that the Governor
y the Territory may prescribe rules
for lie giving SVay, selling, making,
tran porting, ting and exporting
of intokicatislat gGors for mechanical,
scieUtisc, sasiaancntal or medicinal pur,
To : Of Act
The act as passed by congress and
signed by the President is as follows
IAN act to prohibit the sale, manu-
facture, and importation of intoxieat-
ing liquors in the Territory of Hawaii
during the period OF the war, except
as hereinafter provided
'Be it enacted BY the Senate and
House of Representatives, of the United
States of America in congress as.
senibled; that, ninety days after the
passage Of this act, during the period
Of the war ana thereafter, ex-
cept as herein provided; it shall be
unlawful in the Territory of Hawaii
to sell, give away, manufacture. trans
port, import, or export intoxicating
liquors, except for mechanical, scien-
tific, sacramehtal, or medicinal pur-
poses, FOR which purposes the sale, gift,
transport, import, and export of the
same shall be under such rules and reg
ulations as the Governor Of the Terri
tory may prescribe, and any person
violating the provisions hereof shall be
fined In sum not exceeding $500 or
IMPRISONED for a period Of not longer
than one year, or both: Provided, that
at any general election Of the Terri
tory Of Hawaii, held within two years
after the conclusion of peace, the re
peal of this act may, upon petition of
not less than twenty per centum of
the qualified electors Of said Territory
at the last preceding general election,
be submitted to a vote of the qualified
electors of said Territory, and if ma
i0rity of all the quahfed electors
thereof voting upon such question shall
vote to repeal this act, it shall there
after not be in force and effect, other
wise it, shall be in full force and eff
feet.
"SectiOn 2. That the said petition
shall be addressed to and filed with
the secretary Of the Territory at least
two months before the election at
which the question is to be voted upon,
and the person obtaining any signature
to sueh petition shall make affidavit
that he Witnessed the signing of the
same and believes the address of each
petitioner affixed to his name is the
true address Of such petitioner, Such
election shall be conducted under the
laws of the Territory provided for gen
eral elections.
Approved, May 23, 1918"
Duhes,' and also paid a visit to the
Dillingham; ranch. The moving pic
tuPaa ahnwn SunIau nj ,rht a.