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VOL. V. NO. 648.
THE DAILY BULLETIN
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HONOLULU, H. I., SATURDAY, FEBRUARY 11, 1893.
to pllovide for and regulate the importation, sale and use
of Opium and Preparations thereof.
Be it Enacted by the. Queen and the Legislature of the Haivaiian
THE IMPORTATION AND BONDING OF OPIUM.
JSeotion 1. It shall be lawful for any person to import
opium and preparations thereof, aud to enter the same in bond
at any Custom House of this Kingdom, and to transfer the
same in bond, and withdraw the same from bond, in manner
as provided is this Act.
OPIUM MAY BE WITHDRAWN FOR MEDICINAL PURPOSES.
Section 2. All opium and preparations of opium intended
for medicinal purposes shall be withdrawn from bond only by
licensed physicians, and by the Board of Health, and by
chemists and apothecaries regularly licensed and conducting
business as such chemists and apothecaries in this Kingdom.
The persons so withdrawing the same from bond shall pay
duty thereon at the rate of one hundred per cent, ad valorem,
except that the Board of Health shall pay no duty upon such
opium or preparations thereof as it shall so withdraw from
bond. No physician, chemist or apothecary shall so withdraw
more than one pound of opium in bulk at any one time.
AFFIDAVIT UPON WITHDRAWAL FOR MEDICINAL
Section 3. Before allowing any withdrawal of such opium
or preparation thereof as provided in Section 2 of this Act,
the collector of the port where such withdrawal is proposed
to be made shall exact of the person applying therefor an affi
davit in substance as follows : In the case of withdrawal by
the Board of Health, such affidavit shall state that the said
Board requires and has authorized the withdrawal of the ar
ticles applied for, for"distribution among the physicians and
use by the patients ol said Board, and it shall be signed by
the President or some other officer or member of such
Board. In case of a physician, chemist or apothecary, such
affidavit shall state that the applicant is a duly licensed and
practising physician, or a licensed chemist and apothecary,
regularly in business in this Kingdom (as the case may be),
stating his location and place of business, and that the prep
arations of opium so applied for are necessary in the practice
or business of such applicant (as the case may be), and are
intended bona fide for the relief of illness, and for no other
PENALTY FOR VIOLATION BY PHYSICIANS.
Section 4. If any physician who comes into the possession
of opium, or preparations thereof, either by withdrawal of the
same from bond, or by purchase from a chemist or apothecary,
or otherwise, shall dispose of the same or permit the same
to be used except in the course of his professional practice
aud bona fide for the use and relief of ill persons in need of
the same, he shall be punished by a fine not less than one
hundred nor more than five hundred dollars ; and upon con
viction of a second offense under this Section, he shall bo
fined as above provided, and shall have his license to practice
PENALTY FOR VIOLATION BY CHEMISTS AND OTHERS.
Section 5. If any chemist or apothecary, having come into
the possession of any opium or preparation thereof after the
taking effect of-this Act, shall sell or dispose of the same, or
of any preparation compounded by him, and consisting in
whole or in part of opium, to any person except a duly li
censed physician, or upon the prescription or order of such
physician, he shsll, upon conviction, be fined not less than one
hundred nor more than five hundred dollars, and for a second
offense hereunder shall be imprisoned at hard labor not more
than six months, with or without such fine, in the discretion
of the court.
Section 0. Any person who, having so withdrawn or other
wise obtained opium or preparation thereof for the use of the
Board of Health, and who shall sell or otherwise dispose
thereof to any person or for any purpose other than as directed
by said Board of Health, and of the persons under its charge
shall, upon conviction, bo fined not less than one hundred nor
more than two hundred and fifty dollars, or imprisoned at
hard larbor not loss than three months nor more than six
STAMPS FOR OPIUM CONTAINERS.
Section 7. It shall bo the duty of tho Minister of Finance,
as soon as practicable after tho passage of this Act, to have
engraved aud delivered in the Fiuanco Office, a suitable num
ber of stamps for the purposes hereinafter sot forth. Such
stamps Bhall bo so engraved as to minimize tho danger of
their being counterfeited, and shall be of tho denominations
of one dollar and fifty cents and three dollars respectively.
They shall boar tho image of no person, but shall bo illus
trated with one or more pictures of Hawaiian scenery, and
shall have spaces for tho signature- of tho Collector-Gonoml
Customs and tho countersignature- of tho collector of tho
port whore they shall bo used. They shall bo kept stored in
tho Treasury vaults, oxcopt as sufficient numbers thereof;
meet tho purposes "of this Act Bhall from timo to thno bo
delivered to tho Colloctor-'Gonoral for use by him and bo
by him distributed among tho collectors of ports other than
STAMPS TO BE ACCOUNTED FOR AND DISTRIBUTED
Section 8. Suuh stamps, wlion delivered from tho Treas
ury, Hhall bo ohargod to tho Collector Goneral, in a separate
account thereof, to bo kept by tho Registrar of Public .Ac
counts. Tho Collector Goneral shall, from timo to timo dis
tribute such of said stamps as shall bo nocossary (aftorhav
ing first signed them), to and among tho Collectors of ports
other than Honolulu ; and tho Collector General, mid all Col
lector receiving such stumps, h)iu11 account for tho sanm
upon demand as so much cash. Such stamps, boforo being
affixed to opium boxes, as horeiuaftor provided, shall be sicn
cd by the Collector Gonoral (or, in his absonco, by the Deputy
Colloctor), and, where so affixed at any port other than Hon
olulu, they shall be countersigned by the Colloctor of such
BONDS FOR DUTIES TO BE ENACTED.
Section 9. Upon tho importation of any opium as herein
provided, it shall bo entered and stored in bond at the port
whore lauded. TUhall be tho duty of tlio Collector General, or
other Collector of such port, to at once exact of and from tho
importer (in case ho shall propose to leave such opium, or any
portion thereof, in bond), a good and sufficient bond, with ac
ceptable and responsible surety, or surotios, conditioned for
the payment of all duties and storage expenses upon such
opium within one year from tho date of its importation. The
penalty of such bond shall be the aggregate of the duty herein
imposed upon such opium, and tho charge for one year's stor
argo thereon. Such bond shall remain a continuing security
until all sums secured thereby are paid.
COLLECTORS OF CUSTOMS TO AFFIX AND CANCEL STAMPS.
Section 10. The Collector Goneral and the several Collec
tors, at their respective ports, shall cause to be affixed to
each box, tin or other package containing opium, imported
and applied for to be withdrawn from bond, as herein provi
ded, and containing not more than five taels, or one-half
pound thereof, one of said stamps of tho denomination of one
dollar and fifty cents. Upon any such box, tin or package
containing more than five and not more than ten taels, inoro
than one-half pound, and not more than ono pound, ho shall
affix one of said stamps of tho denomination of threo dollars,
and so for each additional half pound, or five taels, or frac
tion thereof, an additional stamp, or stamps, of the value of
one dollar and fifty cents shall bo affixed. Each stamp so
affixed shall, at tlie timo of affixing the same, have stamped
or written across its surface tho word " cancelled," together
with the name of the port where affixed, and the date of such
PENALTY FOR CUSTOMS OFFICER WHO VIOLATES STAMP
Section 11. Any officer .of Customs or other person, into
whose hands or custody such stamps, or any of them, shall
come, for any of the purposes named in the last preceding
Section, who shall fail or refuse to affix and cancel tho aame
' as therein provided, shall, on conviction thereof, bo fined not
less than than two huudred nor more than two thousand dol
lars, or bo imprisoned at liard labor not less than three
mouths, nor "more than two years.
PENALTY FOR COUNTERFEITING STAMPS.
Section 12. Any person who shall counterfeit, or aid or
assist in counterfeiting any of such stamps, or who shall
knowingly sell, handle, deal in, use, or have in possession, any
counterfeit, or counterfeits thereof, shall, upon conviction, be"
punished by a fine of not less than five hundred nor more
than two thousand dollars, or by imprisonment at hard labor
not less than one year nor more than three years.
PENALTY FOR FORGING OFFICIAL SIGNATURES.
Section 13. Any person who shall forge tho name or sig
nature of any officer of tho Government to any such stamp as
aforesaid, whether tho stamp upon which such signature is
forged shall bo genuine or counterfeit ; or any person who
shall knowingly pass, use, utter, sell, handle, deal in or have
in possession any such stamp with such forged signature
thereon shall, upon conviction, be punished as provided in
the last preceding section.
PENALTY FOR FRAUDULENT USE OF STAMPED
Section 14. Any person who shall in any manner use, aid
in using, or cause to be used, any box, tin, container or re
ceptacle which shall bear any stamp, such as horeinboforo
provided, to bo affixed to opium containers, for the purpose
of refilling tho same with opium, or any preparation thereof,
that has not regularly passed the Customs, and had the duty
paid thereon, or for keeping, containing or storing any such
opium, or preparation thereof, as last aforesaid ; or who shall
strip or detach such stamps from any box, container or pack
age on which the sumo has or have been placed by authority
of this Act ; or 'who shall have in possession, or deal in, or
give, sell or furnish to others such detached stamps, or any
box, tin or other container to which any such stamp is affixed
(except in the case of a licensee hereunder, who shall sell
such box, tin or other container, along with tho opium there
in), shall, upon conviction, be fined not less than two hundred
nor more than two thousand dollars, or bo imprisoned at
hard labor not less than threo months nor more than threo
Section 15. There shall bo issued by tho Minister of tho
Interior licenses to sell opium undor this Act, in tho manner
and upon tho conditions horeiuaftor sot forth. Tho number
of such licenses, and the upset prices of tho same, shall bo as
For tho Island of Oahu, ono license $15,000 00
For tho Island of Kauai, ono liconso. . . . 7,500 00
For tho Island of Hawaii, ono liconso, . , 12,500 00
For JJio Islands of Maui, Molokai, Lanai
and Kahoolawe, ono liconso 10,000 00
Section 10. Such licenses shall authorizo tho holders
thereof to sell opium, in accordance with tho provisions of
this Act, for and during ono year, beginning with tho day of
tho issue and date of such licenses respectively. Tho liconso
shall in each caso sot forth tho real namo, or names, of tho
licensees, as well as tho namo of tho firm or partnership, if
any, undor which they propose to operate, and shall author
ize such sales oiily in tho promises specifically described
therein, and in such promises as tho Minister of the Interior
shall, from timo to timo, during tho life of bucIi licenses, re
spectively, in writing, dosignato and permit, as provided in
Section 19 horoof. Provided, that not more than four such
promises in tho District of Honolulu shall bo so designated.
OF TIIK APPLICATION FOR SALE, AND AWARD OF LICENSES
Section 17. Such licenses shall bo awarded in tho man
ner horeiuaftor provided, iiamoly :
(1) Evory applicant' for a liconso shall file with the Minis
tor of tho Interior an application thoroof, sotting forth tho
Island or Islands, District or Districts and tho particular
promises thoroin (describing thorn by street and numbor,
whore practicable), whoro it is proposed to conduct business
undor such liconso. Such applicant shall bo accompanied by
by a deposit of at loast ton por cent. (10) of the upset price
of tho liconso applied for, which deposit shull bo forfeited to
PRICE 5 CENTS.
tho Government in case such applicant shall fail (in case of
such liconso bo awarded to him) to deposit tho balance of tho
price for which such license shall be so awarded, within ono
week after such atfard being made.
(2) Upon the receipt of such aplication aud deposit, tho
Minister of the Interior shall advertise tho salo of such li
conso in one or more newspapers published in Honolulu,
upon a date not less than four, nor inoro than five weeks in
(3) At tho date mentioned in the advertisement, tho
liconso so applied for shall boTJxposed for salo at publieTiuc
tion by said Minister, at the front door of Aliiolani Halo, Ho
nolulu. Such license shall bo sold and awarded to tho high
est bidder therefor, providod, that if the upset price bo not ex
ceeded, it shall bo awarded to the applicant, whose applica
tion thorofor was first received, as such upset price.
(4) In caso of a sale and award to a porson other than
such applicant, said Minister shall exact from such purchaser
a deposit of ten per cent, of tho sale price thereof, which de
posit shall be forfeited to tho Government unless tho balance
of such sale price shall be paid within ono week thereafter.
(5) In case of the payment of such balance within the
time herein stipulated, and tho performance by such pur
chaser of all other Acts required by this Act, said Minister
shall issue such license to tho porson or persons, to whom
tho same has been sold and awarded. Provided, however,
that said Minister may refuse to issue such license until he
shall be satisfied that tho premises upon which it is proposed
to conduct business thereunder are suitublv and properly sit
uated and equipped for the purpose, and that no other busi- "
ness or avocation is or will be pursued or conducted thereon;
and to this oud said Minister may make and publish such
rules aud regulations as to him shall seem proper in the
premises, and such rules and regulations, so made and pub
lished, shall have the force aud effect of law, and their viola
tion shall be punished by a fine of not less than one hundred
nor more than two hundred and fifty dollars.
LICENSEE SHALL PROVIDE FACILITIES FOR OPIUM
Section 18. No such lipase shall issue until the awardee
thereof shall have shown to the satisfaction of the Minister
of tho Iuterior, that such awardee has prepared and equip
ped for use a room or rooms for opium smoking containing
not less than ono dozen bunks or benches suitable for that
purpose, in and upon each of the promises wherein or where
on it is proposed to conduct business under such license.
That such rooms or premises last aforesaid are in good sani
tary condition and well ventilated, with conditions may be
shown by the certificate of an agent of tho Board of Health,
or of tho Marshal, Deputy Marshal, or any Sheriff or practis
LICENSEE MAY EQUIP ADDITIONAL PREMISES FOR
Section 19. It shall be competent for such licensee, at
any timo during the term "of his license, to fit up and equip
for opium smoking, as providod in Section 18 hereof, addi
tional premises in any part of his licensed territory, (except
the -District of Honolulu, us provided in Section 1G) aud,
upon sworn application to the Minister of the Iuterior, set
ting forth such facts, and tho production of. such certificate
as provided in the last preceding Section, said Minister shall, -(if
satisfied of the truth thereof, and that such promises are
not so situated as to make their use for tho purposes of this
Act a nuisance to adjoining owners or residents), issue a per
mit, under the seal of his Department, for tho sale and use of
opium in and upon such certified, and designated promises,
undor the license then held by such licensee. Such permits
and all licenses issued hereunder Bhall be conspicuously pos
ted in the promises to which they respectively apply.
BOND TO BE FILED BY LICENSEE.
Section 20. Such purchaser shall also, boforo receiving a
license, file with said Minister a bond, with at loast two suffi
cient sureties, in the sum of two thousand five huudred dol
lars, conditional ; that he will kept his premises, whore li
censes to sell opium, and all tho smoking pipes, apparatus,
apartments, bunks and benches thereof, clean and in good
sanitary condition ; that ho will not permit, allow or tolerate
any minors undor the ago of twenty years, nor any women
upon such said premises ; that ho will not soil, or furnish any
ppium to any person or persons other than Chinese, who are
over tho age of twenty years ; nor allow any persons other
than such Chinese as aforesaid to occupy, frequent, uso or
smoke opium or any other substance or preparation, in or
upon the promises so licensed, or any of the apartments,
bunks, benches or other place or places,thereto belonging, or
therewith in any manner connected, or in any manner or de
gree under the ownership or control of such licensee, or of
any one or more of several joint licensees; that he will not
sell, give or furnish any opium or preparation thereof for do
livery to, or use by any person or persons other than Chinese,
who are over twenty years of ago ; that ho will not remove
any stamp or stamps, heroin provided to bo affixed thereto,
from any such tin, caso, package or container, nor affix such
stamp or stamps to any other object or use, handle, furnish,
sell or give any such stamp or skimps to or for any other
porson or purpose ; that ho will at onco, after emptying a tin,
or other case, package or container, so stamped as hereinbe
fore providod, burn or otherwise entirely destroy such tin,
caso, package or container, together with tho stamp or stamps
thereon ; and that ho will not bo guilty of any other act, tho
conviction of which is by this Act made punishable iu whole
or in part by tho forfeiture of said boud of such liconso.
PENALTY FOR VIOLATION OF LICENSE CONDITIONS.
Section 21. If such liconsoo, or any one or more of such
licensees as heroin provided, or any employee, subordinate or
servant of him or thorn, by or with his or their connivance,
command, authority or consent shall violate any of the pro
visions of such license or shall violato any of tho provi
sions of this Act for which no specific penalty is herein
otherwise providod, tho person or persons so offending shall,
upon conviction, bo fined not loss than two hundred nor more
than two thousand dollars, or bo imprisoned at hard labor
not loss than two mouths no more than two years. Provided,
that whoro such violation shall bo by such employee, subor
dinate or servant of such liconsoo or joint licensees, by or
with the connivauco, command, authority or consent of such
liconsoo or licuaisoos, or uuy of them, both such omployeo,
Bubordinato or servant, and such liconsoo or liconscos con
niving at, commanding, authorizing or consenting to hiioIi
violation shall bo jointly und severally liable- to tho penalties
prescribed iu this Section.
Continued on the Jfth luji)