Newspaper Page Text
THE GARDEN ISLAND, TUESDAY, JULY 6, 1920
FRESH LIGHT ON THE
Local Officers May Not Shift
In response to the Chamber of Com
merce letters published last week the
following have been received from the
U. S. District Attorney, and the Col
lector of Internal Revenue:
This morning I received letter
from your secretary, J. M. Lydgate,
dated June 23, 1920, advising me of the
resolution passed by your body rela
tive to the condition which obtains on
Kauai with respect to the violation of
the National Prohibition Act.
This action on the part of your body
is indeed most encouraging, as it
shows that the most responsible citi
zens of your community are alive to
real condition which obtains, and that
they are willing to give the great
weight of their Influence and their
support to the enforcement of law.
Influence of this character is, per
haps, the greatest factor of all those
which enter Into the solution of prob
lems of this kind, for without this In
fluence and support the work of the
officers of the law is always made
much more difficult and at times al
For your iuformatlon I enclose copy
of the National Prohibtion Act. Sec
tion 2 has to do particularly with the
method of enforcement. Your atten
tion is partlcularlycalled to Section
26, which makes it the duty of any
officer of the law who discovers a per
son in the act of transporting liquor
in violation of law, to seize the liquor,
and to arrest and proceed against the
person, and also to seize the vehicle,
which is later to be forfeited and sold.
Section 33 shows the only manner
and condition under which intoxicating
liquor may lawfully be used for bever
age purposes, and you will notice that
the only liquor that can be so used is
liquor that "was lawfully acquired."
There never was any okolehao that
was lawfully acquired, for at no time
has Its manufacture and sale been
lawful. Swipes could not lawfully be
manufactured since August 20, 1918,
so that it goes without saying that no
swipes can at this time be lawfully
acquired, possessed or used.
in your letter you say:
"One of the worst features of this
disgraceful condition of things, is that
it discredits and undermines the au
thority and value of law. There is an
insolent and reckless defTance of law
on the part of those who traffic In and
consume this Illegitimate liquor, which
tends to discredit all law, so that we
are fostering and raising up a genera
tion of law contemners and law break
ers which will surely Issue in violence
You have here touched the vital
question, which is far broader
and far deeper than the mere unlaw
ful trafficking in liquor, and I wish to
particularly emphasize the fact that
you very properly include those who
"consume this illegitimate liquor" in
the class with "those who traffic in"
such liquor. It Is possible that many
people have failed to properly consider
this situation and have not viewed
their conduct in its true light.
The United States Internal Revenue
Department has recently published a
pamphlet setting out the laws and
regulations relative to prohibition and
intoxicating liquors generally, and in
the foreword of this publication has
the following to say in regard to the
understanding of the law and the ad
ministrative policy of the Bureau.
"The National Prohibition Act pro
vides for the establishment of a Fed
eral enforcement agency to coordinate
and supplement not to supplant the
duly constituted police and Judicial
officers of the several States and their
civil subdivisions. Local and State
authorities have equal responsibilities
with the Federal authorities, and are
primarily responsible for law and or
der in their respective communities. It
should be only when the power of the
local authorities is inadequate to cope
with the violation of the prohibition
laws in any part of the country that
the need for active Federal interven
tion will arise. The Federal organi
zation for the enforcement of prohibi
tion is being developed In accordance
with this understanding, and In the
Complete checking facilities.
A printed statement render
ed at the end of each month.
Pay your bills by check the
Hours 9 A. M. to
confident expectation that law-abiding
citizens In every State in their private
capacities and through State and local
authorities will insist generally upon
the observance of the law."
James J. Drakeford, United States
Internal Revenue Agent for Hawaii, is
the Prohibition Supervising Agent for
I the Territory of Hawaii, and consider
ing the limited force of men assigned
to him for this work, has procured the
evidence which has resulted in the
conviction of a large number of cases.
An increased number of men will be
employed In this Department as the
circumstances require and as suitable
men are found. Mr. Drakeford has
experienced difficulty on this latter
point. However, I have no hesitancy
in saying that if the various peace
officers of the Territory, backed up by
the sentiment of the citizens of the
Territory of the type who make up
the Kauai Chamber of Commerce, will
whole heartedly cooperate, very satis
factory results will quickly be ob
tained. Sheriff William Rice, of your County,
has in the past furnished evidence
which has lead to various convictions,
and has assured me of his willingness
and desire to cooperate to the fullest
extent; and as a practical suggestion,
I wish to request that, any member of
your Chamber, having evidence of the
violation of the Act, communicate the
same to him.
While not authorized to speak for
Mr. Drakeford, to whom you state you
have also written, I know that you can
rely upon him to do everything he can
to assist in the rigid enforcement of
the law In question.
The Department with which I am
connected is not only not charged with
the duty of obtaining evidence, but is
wholly lacking In equipment to do so.
Nevertheless, we will gladly assist in
this branch of the work to the extent
of our ability; and I also wish to as
sure you that when evidence is once
obtained warranting a prosecution, we
will promptly see that every case is
United States Attorney.
Honolulu, June 26, 1920.
Mr. J. M. Lydgate, Secretary,
Kauai Chamber of Commerce,
Your letter from the Kauai Chamber
BANK OF KAUAI,
Open a savings account for
One Dollar or more and start
putting something away for
that "rainy day." We pay
4 compounded semi-annually.
Drafts and money orders sold on principal
cities of the world at current rates of exchange.
Make your payments by draft and protect
yourself against loss.
A Bank Account gives you a credit standing in the Community, open one at
"THE BANK FOR EVERYBODY"
3 P. M.
reference to violations of the National
Prohibition Law, Is received.
Two of the deputies from this office,
of Commerce, dated June 23, 1920, in
while looking after special taxes about
two months ago on the Island of Kau
ai, were especially instructed to watch
the conditions there In reference to
the illicit manufacture and sale of in
toxicating liquors. They reported that
they did not seo or hear of any viola
tions. Other reports have been to the
I note that your letter states: "and
farther praying that a competent and
efficient pfficer of the Internal Rev
enue Department be permanently
located on Kauai, to give his undivid
ed attention to these matters." For
over a year I had thought of asking for
an appropriation for the purpose of
having a permanent deputy on the
Island of Kauai. However, in talking
with some of your leading citizens and
some of the most prominent officials
there they have told me that they did
not think a need existed on that Is
land for such a person.
Your letter states: "Illegitimate li
quor is to be had anywhere and every
where, and with the utmost facility,
and most openly." I beg to advise that
the National Prohibition Act does not
relieve the County, Municipal or Terri
torial officials from the responsibility
and duty of assisting in the enforce
ment of this law, and certainly it is
the duty of every good citizen when
they see the law openly violated, to
see that the offender Is prosecuted.
Unfortunately the Congress that pass
ed the Prohibition Enforcement Act
did not make an appropriation suffi
cient to properly enforce the same and,
hence, no extra deputy has been allow
ed this office and only one to Mr.
Drakeford, Supervising Federal Prohi
I am glad to have had your letter,
and will Immediately use what means
are within my power to try to correct
the evil complained of and to co-operate
with you. Your letter will also be
handed by Mr. Drakeford.
Collector of Internal Revenue and
Modern collection depart
ment giving prompt attention
to all matters submitted for
collection. Request your
wholesalers to draw drafts
thru this bank.
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