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HONOLULU, HAWAII AN ISLANDS, SATURDAY, AUGUST 5, 1882.
'i tie New Liquor Law
(From the Dui'y Pacific Commercial .i ltt tltrr.)
Thk Act to regulate the pale nf Spirituous
Liquor!, a pushed by Hie Legi.-lature yes
terday,! a great improvement on the ex
isting law, ami if efficiently administered
ought to do away, in a great measure, with
the evils which lately led ho many thought
ful men to declare themselves in favor of a
total prohibition of the traffic. We know
that one f ature f it, which renders legal
the sale of liquor to native Hawaiian, is
viewed with great apprehension by many
among us, yet to our minds this change is
the basis of all hope that the illicit manu
facture and sale of intoxicating liquor in
these islands may he put an end to, and
that the whole traffic in liquor may be
lrought under the purview of the police au
thorities, and its abuses reduced to a mini
mum. The Hawaiian race bus revolted
against a class distinction which could on
ly be enforced by securing the assent to it
of a great majority of those whom it affect
ed. There was no alternative at the pres
ent time letweeii such a law as was ap
pro veil by the Legislature yesterday and a
total prohibition. As for the latter scheme
it see. us to lie not improbable that the
younger amongst us will live to see it ac
cepted by a iarge part of the civilised world.
It will surely be so unless the spread of tem
erance principles shall so greatiy reduce
the evils with which the world is now cursed
through strongdriuk as to render any such
extreme m asure no longer necessary. But
wherexer it becomes law it must hav the
active support of a decided majority of the
eopIe or it wil' be like our present liquor
law little better than a deal letter. Mean
while we are promised for this Kingdom
what is, we le.ieve, the most stringent law
of any that exist in countries where the
fcaie of spirituous liquors is licensed. We
re-print to-d.iy, several sections of tha new
lii.l and would call special attention to their
provisions. K-pecially would we Kint to
the s'ringeut character of Sections 31, 32,
34 and 37. The power given by section 32 is
such as only exceptional circumstances
should induce any legislature to put into
the hands of the police. If it be faithfully
carried out it will be almost impossible for
the illicit sale of liquor to tie continued on
the isands, whilst the equally stringent
provisions of those sections which regulate
the licensed traffic ought to lie effectual in
reducing the crime and folly of drunken
ness to the narrowest pr (portions. It should
b- noted too, thai in tiie i nuortant section
numbered i, the responsibility placed on
toe liquor dealer is no longer confined to
the keepers of saloons. All who deal in in
toxicating driuK are brought into tiie same
category. Finally let it be remembered
th.it on the face of it, this new law is de-care-1
to be an experiment on y. The oe
ratioii of the Act is to cease on January 1st,
lSH-"; m the Legislature must, at its next
session, deal with this question again, and
determine whether the provisions of the
Act shah be perpetuated or not.
We repriut here some of the important pro
visions of the new Liquor Law, referred to iu
our editorial article.
Section 2o. If any person shall bo convicted
twice within a period of twelve consecutive
mouths f uuy o deuce against the provisions of
tnis Act, the Justice before whom such per
aou has beeu couvicted shall by an order under
his hand in the form in the Sex-oud Schedule de
clare such license to be forfeited, and the same
shall thereupon be void, aud it shall be the duty
of the Attorney-General to sue for and enforce
the penalty of the boud tfiveu by such license,
aud such person shall be and be Jenxij.l incapa
ble of ever again holding a license under this
Act. . ,
Section 27. No holder of a license shall either
in his house or any of the appurtenances there
to, supply auy spirituous liquor to any person
iu'a state of iutoxicutiou, under a penalty for
each offense of any sum uot less than fifty nor
more thau two hundred and fifty dollars. Aud
if auy such intoxicated person remaiu more thau
three hours on such premises, the holder of
such liceuse shall iu each such case be liable to
the same penult y.
Section 28. No holder of a retail license shall
recover auy debt or deinaud on account o any
spirituous "liquor supplied by him to any person
lor consumption on the premises, but the holder
of such license may sue for aud recover the value
of auy spirituous liqur supplied with meals to
any ersou bona fide lodging or bjurdiug in the
Section 31. If auy licensed person shall sell
or offer for sale auy adulterated spirituous
liquor, be shiill forfeit aud pay for every such
otic-use auy sum not le-s than one hundred dol
lars nor more than rive hundred dollars. Aud
iu order to analyze such spirituous liquor, any
Justice may on complaint or oath in.ide to him
that any such spirituous liquor is or is believed
bv such complainant to be adulterated, aud on
tl-e deposit by such complainant of the sum of
And such Justice on his own view, or on proof
of such offense by oath, may convict any person
I tw " 1 . " 1 I I
bo onenaiug, anu on conviction ne snau pay any
sum not exceeding two hundred and fifty dollars,
and be imprisoned at hard labor for any period
not exceeding three months ; and such Justice
may adjudge such spirituous liquor, vessels, and
utensils, containing the same, and any cart,
dray, or carriage, horse or other animal, and
any boat or vessel used in conveying the same
to be forfeited, aud may direct the same to be
sold, and the proceeds thereof, after deducting
the expenses of sale, to be appropriated in like
manner as fines are by law directed to be appro
priated. Provided that in all cases where liquor
shall be carried, or be in course of beiug carried,
or be on the way from one place to another, the
burthen of proving that such liquor was not so
carried, or beiug carried or exposed tor sale,
shall be on the party so carrying the same.
Section 34. Upon information ou oath before
any Police or District Justice by any person that
he believes that spirituous liquor is sold by auy
person without a license or contrary to the pro
visions of this Act in any house or place, such
Justice shall grant bis warrant to any Constable
to enter and search such house or other place,
aud seize all such spirituous liquors as aforesaid,
as he shall then and there find, and vessel or
vessels containing such spirituous liquor, and
detain the sama until the ownor thereof shall ap
pear before such Justice, to claim such spiritu-
' i : f i - 1. .11 ....I.. ..I.
ous liquor or vessel, nun muiui biiiimi nueu
Justice how and wherefore such owner became
possessed of the same, or if such person after
being summoned shall not appear, aud if it shall
appear to the sa d Justice after due inquiry, that
such spirituous liquor was iu the said house or
place for the purpose of being illegally sold or
disposed of, then he shall adjudge such spiritu
ous liquor aud vessels to be forfeited and sold,
and the proceeds, after payiug the expenses of
such sale, shall be appropriated n like manner
as penalties under this Act.
Sectiou 36. The delivery of auy spirituous li
quour, either by the owner or occupier, or by
his or her servant, or other person iu the house
or place, shall be deemed to be suffiient prima
facie evidence of money or other consideration
being given for such spirituous liquor so as to
support a conviction, unless proof to the con
trary be given to the satisfaction of snch Justice.
Section 37. Every husband, wife, child, parent,
guardian, employer or other person who shall
be injured in person or property or means of
support by auy intoxicated person, or iu con
sequence of the intoxication, habitual or
otherwise, of any person, or who, being himself,
or herself intoxicated shall be thus iujured in
consequence of snch intoxication, shall have a
right of action in his or her nain, severally or
jointly, against any licensed dealer of spirituous
and intoxicating liquors who shall, by selling or
giving intoxicating liquors, have caused the in
toxication in whole or in part, of such person or
persons, for all damages sustained, and for ex
emplary damages. Aud a married woman shall
have the same right to bring suits under this
Act and to control the sani and the amount re
covered as a feinme sole. Aud all damages re
cover d by a minor nnder this Act shall be paid
either to such minor or to his pireut, guardian
or next friend, as the Court shall direct.
Thursday, August 3, 1882
House met at 10 a. in,. II ou. Godfrey Rhodes in
the chair. Prayer by Hou. Mr. Pilipo, reading
of minutes of previous meeting by Secretary,
which, after some alteraton were approved.
Hon. Mr. Aholo, from a select com nittee, re
ported on a bill relating to the cl.iims of Hi
waiians to certain land, favoring the passitge
of the bill, with certiin a nendmeuts, to engross
ment. Report of committee approved. Bill to
be read a third time on Friday.
Hon. Mr. Aholo presented a joint resolution,
relating to the claims ol Mrs. Antoinette Swan,
for a shire in certiin lau l situ ite I near the
Fish M irket. and authorizing the payment to her
of the sum of $5,113.71 in liquidation of said
Ou motion of H n. Mr. Widem tun, the rules
were suspended and the bill read for the second
time by title.
At the conclusion of the second reading Hou.
Mr. Widemauu moved that the bill be referred
to a Select Cmmitte who would investigate and
report to the next Legislature.
Hou. Mr. N.ikaleka moved to amend by se
lecting the committee entirely from the Nobles
as they would be the oues most likely to be pre
sent at the uext Session.
Hon. Mr. Aholo did not doubt that the reso
lution was presented at rather a late dav. but
yet it should uot be m ide light of or passed over
slightingly by the Assembly, lie had seeu docu
ments, and heard statements which showed
there was justness in the claim. Other heir to
the estate of which this laud was origin illy a
part, have released their claims, this lady had
uot, and she was entitled to one-sixth of the
est te. He thought that Hou. Mr. Widem anu's
motion was another way of indefinitely postponing.
rive dollars to defray the expeuse ot sucU i lion. Mr. Widemann disclaimed any sucn m-
aualysis, authorise the seizure of such suspected j tendon, but judged that the tune of the present
spirituous liquor, aud cause the same to be ' session was too short to allow of obtaining the
aualyzed by some competaut person, aud the necessary information.
expenses of such analysis shall be a portion of j His Excellency Edward Preston did not think
the costs which such Justice shall order to be the matter had beeu properly preseuted.
paid by the person convicted. Thought that the introducer of the resolution
Sectiou 32. Auy District Judge, the Marshal, j should leave the matter in the hands of the Gov
his Deputy, or any Sheriff, Deputy Sheriff, or j eminent to investigate. He could not agree to
Coustable may seize and take or cause to be j the passage of the resolution without further in
seized and t,ikeu away, all such spirituous j vestigation.
lion.ir as he or th. v shall have reasonable cause i Hou. Mr. Kipeua stated at the last sessiou of
t. Kiisnect to be caitied about or exposed to sale i th Legislature Hons. Rhodes. Preston, and
Huj. Mr. Kaulukou moved that the resolution
be amended by inserting " amount be paid out
of moneys not otherwise appropriated."
Hon. Mr. Nawhi thought that the reason
Hon. Mr. Kaulukou favored the resolution was
because he Mr. K. had been sent a paper con
taining the genealogy of the claimant, and that
being correct he judged the claim to be correct.
Hon. Mr. Palohau moved the indefinite post
ponement, and wondered when the Hon. mem
ber from Hilo Nawahi would stay his hand at
appropriations. The Hon. member had attacked
him during the session as having been too
generous with the public money, aud at the sum
ming up of the Appropriatiation Bill had in
conjunction with Hon. Mr. Pilipo held up his
hands in objection to the amount voted, simply
for the purpose of making the public believe that
neither of them had any hand iu swelling the
bill to its proportions, when in reality they had
voted for a nnmber of the increases to the bill.
Hou. Mr. Aholo said that all he required was
justice and supported the motion te refer to the
On vote the motion to refer to the Cabinet
Hon. Mr. Widemann inquired regarding the
action taken on a resolutiou preseuted by him
asking the Ministry for information regarding
iio cost of immigration per Monarch.
His Excellency S. K. Kaai, stated that the
Ministry had the matter uuder consideration,
aud would preseut the desired information at an
Hon. Mr. Lilikalalani drew the attention of the
inemberB of the Assembly to a bill relating to
certain restrictions on Commercial Travelers,
introduced by him aud which he had found on
his desk, and no action taken. He moved thiit
the bill mentioned be listed among the Orders
of the Day,
H hi. Mr. Kauuainano presented a resolution
that the Secretary be instructed to ascertain
exact amount of expenses of the Legislature,
ud auy balance over the amount appropriated,
to be devoted toward defr tying expenses of
members going to their homes at the end of the
Tiie resolution, as far as relating to ascertain
ing the expenses, was carried, the latter portion
being stricken out.
Uuder the Orders of the Day the following
bi Is were read :
Third readiug of bill defiuiug nature of con
tracts as authorised by Sections 1417 and 1418
of the Civil Code. Passed.
Second reading of bill to establish a postal
money order system. Passed, and to be read
third time Friday.
Hon. Mr. Kapena, from the Enrollment Com
mittee, under suspension of th-" rules, reported
that His Majesty had been pleased to sigu the
iollowiug bins :
1. Authorisiug the distribution of 3s2,500 per
auuum lrom tue Passenger Tax among the
beuevoleut societies ot Houolulu.
2. To prom te aud eucourage agriculture.
3. To perpetuate the genealogy of Hawaiian
Second readiUL! of a bill to amend Section
3'Jti ol tue Cvil Code, relating to the postal
laws. PasseU, and ordered to tUiid readiug ou
SeconU readiug of bill to amend Suction 1419
ot tiie Civil Code, retatiug to the punishment of
conUaci lauoreis. Passed, aud ordered to third
Second readiug of a bill to provide for the
puuisumeut of trespassers ou tUe grounds ot
teuiaies seminaries. Passed, aud ordered lor
third leading on Saturday.
Second readiug ot a bid relating to the in
corporation ot loreigu busiuess companies car
rying ou uusiness iu this Kiugdom. Passed,
aud ordered to tnird reading on Saturday.
Second readiug of a bill amending Section 9
Chapter LX.X.1X. ot the Penal Coiie, relatiug to
marriage licenses. Passed, and ordered for
third readiug Saturday.
Tue bill relating to the establishment of cer
tain hens was indefinitely postpi ued.
Hon. Mr. Aholo presented a resolution that a
committee ot live be appointed to wait upou aud
iutorm His Majesty the Kiug that the Assembly
would be ready to be prorogued ou Monday, the
7th mstaiit. Carried, aud the following gentle
men were appoiuted : His Excellency W. M.
Gibson, Hous. Aiwohi, Aholo, Lilikilaui, aud
At 1.15 p.m. the House adjourued uutil 10
iu auy highway or footpath, iu auy booth, tent
store, or shed, or iu auy boat or vessel, or in
auy place whatsoever, by auy persou not
licensed to sell the same, aud all the vessels aud
uteusils used for containing, drinking or measur
ing the same, aud auy Ci-rt, dray, or other car
nage, and any horse or other animal used in
drayiug or currying the same, and auy boat or
other vessel used iu the conveyance thereof.
himself were a committee having the subject
under consideration. The speaker attempted
to bring the matter to he r collection of H in.
Mr. Rhodes and His Excellency Tresto , but
failed, they disclaiming all kuowledge of auy
Hon. Mr. Nawahi tho lght that the House
were fully as well acquainted with the merits of
thi9 case as that of another of like nature.
Frldav, August 4, 18S2.
House assembled at 10 a.m., President Rhodes
in the chair. After prayer aud readiug of
minutes of previous meetiug Uaa ueen con
cluded, Hou. Mr. Ktulukou, lrom the Judiciary
C .m nittee, reported ou the following petitions
and bills : . . .
1. Bill tuat the term of the Circuit Court,
Second Judical Circuit, tie chauged. Commit
tee recommend House to take up bill for con
sideration ; minority report that petition be
indefiuitely postponed. Report received aud
laid on table.
2 Petition that Hawaiiaus be allowed to take
trees suitable for building canoes from Govern
ment lands free of charge. Committee recom
,..i.l in.lrtnife tiostnonemeiit. Approved.
3. Petitiou that no change be made in the ,
.m f Pin-nit. Cniirt ot Mam. neeommeuueu
that petition be considered with the bill.
4. Petitiou that charges" for copying docu
ments at Land Office be done away with. Re-
5 Petition to refnud certaiu money deposited j
ou account of Government lana. iveierreu. iu
the Minister of the Interior.
6. Bill relatiug to costs not to be paid by
contract laborers iu civil suits for serice. Bill
to license attorneys-a -law. Bill relating to the
appointing of District Jnstices. The committee
recommended that the bills be placed in the
"Orders," and considered by the Assembly.
Hon. Mr. Kaulukou, from a special committee
appoiuted to consider a bill to license commer
... ,t r. n.irted that the committee re
commended that the bill be considered ty the ,
His Excellency the Premier, as chauman of
the special committee appointed by the
Assemtily to inform His Majesty of their readi
nets to be prorogued, informed the Assembly
that he had had an audience with His Majesty,
who, after being told of the wishes of the As
sembly, had signified his intention to prorogue
the Assembly on Monday, the 7th instant, at 12
o'clock noon. His Majesty hai also graciously
requested him to convey to the Assembly his
desire to meet them at a dinner iu the palace at
2 o'clock p.m. on the. lay of the prorogation.
On motion of Hon. Mr. Aholo, the thanks of
the Assembly were directed to be given to His
Majesty through the medium of the Ministry.
Hon. Mr. Kaunamano presented a resoluuon
that the Minister of the Interior be instructed to
send a copy of Supreme Court Reports of the
Sessiou of 1882 to each member of the present
Assembly. Amended by Mr. Aholo to read in
each language" and passed.
Third reading of a bill to provide for the "Con
struction of a Horse Railroad iu Houolulu." Oil
motion the bill was to be read by sections. Af
ter the reading of the 1st section, vote was taken
on a motion to indefinitely postpone and the
motion was declared carried thus killing the
bill. To make assurance doubly sure the vote
was immediately reconsidered and the indefi
nite postponement was again carried by a vote
of 21 to 15.
Third readiug of the bill relating to lands
claimed by certain Hawaiiaus. Passed-
Third reading of bill to "establish a pesta
money order system." Passed.
Second reading of a bill providing for the li
censing of commercial travelers. Passed to en
grossment aud to be read a third time to-day.
Third reading of a bill to regulate sale of milk.
Third reading of a bill to amend Section 895
of the Civil Code was in response to a request
by Hon. Mr. Nawahi, who desired the Assembly
to act in a courteous manner, the introducer of
the bill (Hon. Mr. Rice) being absent, referred
to the Legislature of 1884.
Second readiug of a bill relatin to the iden
tification of persons making acknowledgements
to contracts. This bill was would also "by
courtesy" have been referred to the next Leg
islature had not his Excellency the Attorney
General forestalled the action by speaking in
favor of the bill. On motion, the bill wns
passed to engrossment and to third reading ou
At 12 noon recess was taken to 2 p. m.
On the re-assemLling of the House, a bill re
stricting further Chinese immigration was read
for the second time and after some little debate
was passed to engrossment and ordered to third
Hon. J. M. Kapena, from the Enrollment
Committee, reported that His Majesty had been
pleased to sigu tho bills relating to the "Erection
of Fire-proof buildings" aud bill creating an
Auditor of Public Accounts.
Hou. Mr. Widemann, under suspension of the
rules, re-iterated his question regarding the cost
of transportalou of immigrants per steamer
'. His Excellency W. M. Gibson, in reply to the
' .... K.t tlia full fant. ili.i .1
would have been preseuted but for the abseuce
of a colleague who hsd in his possession a por
tiou of the report and who was expected to pre
sent it. His Excellency then presented for the
cousideratiou of the Assembly certain statements
one of which had been compiled from the books
of the purser of the steamer Monarch. The
statements showed the cost to the Government
aud the actual cost of transportation, charter
of vessel and incidental expenses of the immi
grants brought from the Azores per Monarch.
By leave of the Assembly Hon. Mr. Wide
mann iu roduced a bill relating to the inspection
of steam engines aud boilers, and referred th -km
me to the care of His Excellency Edward
Preston for adjudicat.on by the Legislative As
sembly of 1884.
Second reading of a bill to amend section 829
of the Civil Code, relatiug to the jurisdiction of
the Supreme Court.
Hou. Mr. Bishop was in favor and moved to
engross. His Excellency Mr. Preston did not
like to oppose the bill, but yet he did not con
s der i necessary.
The bi 1 was finally indefinitely postponed .
Second reading of a bill relating to peddling.
Hon. Mr. Cleghorn moved to engross, lost.
Hon. Mr. Naka'eka moved the iudeliuite post
The bill to provide for more efficient sanitary
regulations as well as the bill relating to the re
construction of the Board i f Immigration were
b 'th indefinitely postponed.
Tne bill to indemnify t e Minister cf Finance
in the sum of $7,777 money paid to H.R.H. the
Princess Regeit was passed on its sec ad read
iug, ordered to engrossment and for third lead
A bill relating to changing the term of the
Second Judicial Circuit was read for the second
time and indefinitely postponed.
A bill relating to the licensing of attorneys-at-law
was ordered to engrossment and to be read a
third time on Saturday.
A bill relating to the appointment of District
Justices was also read and passed to engross
ment aud ordered for third reading on Suturday.
A bill relating to the remission of costs to la
borers in suits for service under contracts was
At 4 p.m. the Assembly adjourned until 10 a.m.
The schedule of the Loan Bill, m amended by
the Committee to which it was referred, and as
paused by the House, s'.ands as follows: Immigra
tion for reppulation, $500,000; Government build
ings including Hospitals, $200,000; Filling in and
reclaiming water lots at Waikahalulu, $50,000;
Landing and buoys. $.0,000; Making and building
new roads and bridges, $300, 0(H); Sanitation at
Honolulu. $100,000; .tfarine railway, Honolulu,
$10,000: Deepening Honolulu harbor and entrance,
$150, 000; Telephonic aad T legraphic communica
tion; $100,000; Encouragementt of railways. $150,
000; Encouragement of Agriculture, $300,000.
; ' t
, no Pa
UK EA I
cd daily ar
jan 1 81
uenerai Business Aeent.
Office In Uikn'i Block, corner Queen and Kaabumaoa
1 5 Fp LENGTHS, f4 lb.. PER YARD.
For le w arrive per Duke of Abercom Yrm
fainter i Supplies.
Sole Ajent for the Celebrated Averill Chemical Mixed
.."r?! n7 f2r uf -, The" PPuUr Pail ftave teen auc
cetifully introduced into tbeie kiDfdotn for the Dst four
. i w aiun vaivaiV a ut lil tvi
OFFICE AT DR. WIGHT'S STORE.
Baggage landed from the Steamer
-derat bettor than
any other that comes to thie Market, glviug 13 per cent more
team by actual tett.
made3tf ALLE.V k ROBIXSOS.