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tiii: oami:n island. Tuesday, august 20. iois
r, By Authority RULES AND REGULATIONS PRE SCRIBED BY THE GOVERNOR OF HAWAII PURSUANT TO THE AUTHORITY IN HIM VESTED BY AN ACT OF CONGRESS APPRQV. ED MAY 23, 1918, FOR THE SALE, GIFT, TRANSPORTATION, IM PORT AND EXPORT OF INTOXI CATING LIQUORS IN THE TEA RITORY OF HAWAII FOR MECH ANICAL, SCIENTIFIC, SACRA MENTAL AND MEDICINAL PUR POSES. Rule 1. Deflations: The term in toxlcatlng liquors as used In these Rules and Regulations shall be held to include only such Intoxicating liq uors as are referred to and described in the Act of Congress, approved May 23, 1918. "Board" as used in these Rules and regulations shall mean the Board of .icense Commissioners, as now con- stituted, or hereafter appointed by the Governor, in each case for the County or City and County wherein a particul ar license is proposed to be or is ex ercised. "Inspector" shall mean the license Inspector, and his deputies as herein' after defined, in each case for the County or City and County wherein a particular license is proposed to be or is exercised. "Persons" as used in these Rules and Regulations shall be held and taken to mean and include any cor poration, joint tock company, indi vidual or individuals, acting or be ing singly or together as a co-partner ship, club or association of any kind whatever.' Rule 2. Except as authorized or licensed so to do under these Rules and Regulations, no corporation, firm or individual shall sell, or expose. keep or offer for sale, give away, man ufacture, thansport, import or export any intoxicating liquors, or solicit or receive orders for the purchase or sale of any such intoxicating liquors. Rule 3. The several boards of li cense commissioners of the Counties and of the City and County are here by authorized and empowered, and shall have the sole power, authority and discretion, subject only to the approval of the Governor, each within its own County or City and County, to grant, refuse, suspend, revoke and control licenses to sell, give away, 9 manufacture, transport. Import and export intoxicating liquors in such County and City and County for mech anical, scientific, sacramental or me dicinal purpose only. The said several boards of License Commissioners as now constituted are hereby constituted Boards of License Commissioners for the Counties and the City and County for the express purpose of performing the duties im posed upon them by these Rules and Regulations. The members of the sev eral boards as now constituted shall continue to serve as such for the said purpose until their successors are ap pointed and qualified, unless sooner removed from office by the Governor. Vacancies In the several boards shall be filled by appointment by the Gov ernor. Rule 4. Each board, within its own County or City and County, and the Individual members thereof, shall, so far as the same may be applicable hereto, and subject to the provisions of the Act of Congress approved May 23, 1918, and to these Rules and Reg ulations, have and exercise all the Powers and authority with respect to the enforcement of these Rules as they now have or heretofore have had under the provisions of Chapter 122, R. L. H. 1915, and any amendments thereof, with respect to the enforce ment of the provisions of that chapter. Rule 5. All expenses incurred by said boards shall be paid by the Counties and the City and County out of the appropriations now provided for by law for the expenses of such boards, and all moneys received by said boards for license fees shall be remitted to the Treasurer of the County or City and County as a County or City and County realiza tion. PROVIDED HOWEVER, that It for any reason the said appropriations shall not be available for that purpose then the said expenses shall be paid out of the Governor's contingent fund and all moneys received as license fees Bhall be remitted to the Treasurer of the Territory as a Territorial reali zation. Rule 6. Each Board shall appoint an Inspector who shall be known as the Chief Inspector for the County or City and County where appointed, and who shall receive such salary as the Board shall decide. In each dis trict of the Territory, other than the district where the Chief Inspector has his office, the Government physician for such district shall be and Is here by appointed and designated as Deputy License Inspector for such district or districts. Such deputy license in spectors shall serve without pay. It shall be the duty of such deputy licen se inspectors to issue permits for the N purchase of Intoxicating Liquors un der these rules and regulations, with in their own district only nrnl not otherwise. Rule 7. Every license Issued by any such board shall be signed by the Chairman of tho Hoard and counter signed by the Chief Inspector. license or renewal thereof shall be Issued by any such noara except upon a written appllca Hon signed and verified by the aimll cant. Such application shall bo sot forth: (1) The full name, age and nlac of residence of tho applicant; and, if a co-partnership, the names, ages and respective places of residence of all the partners; if a corporation or joint stock company, its full name and date of incorporation and tho names of its officers; and, if any other association of individuals other than a corpora tion, the names, ages and respective places of residence of its officers and the number of its members. (2) A particular description of the place or premises where the proposed license is to be exercised so that the exact location and extent thereof may be clearly and definately determined therefrom. Rule 9. Any license issued under these Rules and Regulations prior to June 30, 1919, shall expire on that date. All licenses issued as of July 1st of any year thereafter shall bo for a term of one year, and if Issued after July 1st of any year shall bo for a term to expire on the 30th day of June following. Rule 10. The annual fee for a lic ense to sell intoxicating liquor under these Rules and Regulations shall be as follows: in the Judicial District of Honolulu, City and County of Hono lulu, One Hundred ($100.00) Dollars; in the Judicial District of South Hilo, Seventy Five ($75.00) Dollars; in the Judicial Districts of Lihue and Wall uku, Fifty ($50.00) Dollars; and all other Judicial Districts of the Ter ritory, Twenty Five ($25.00) Dollars, which fee shall be and become pay able in two semi-annual Installments In advance on the 1st day of July and January of each year. No license shall issue until such installment of the fee has been paid to the secretary of the board of license commissioners for the County in which such appli cant proposes to exercise his license: PROVIDED, HOWEVER, If tho ap plication is for a license for a part of a year the license fee shall be pro portionately computed and paid as in this Rule provided. Rule 11. If the second installment of the license fee for any license shall not be paid when due, the license whereon the same is due shall, ipso facto, be suspended until payment shall be made; and any attempt of the licensee to exercise his business under such license, while such license is so suspended, shall subject him to all the penalties by Bald Act of Con gress prescribed; and his license may be revoked or further suspended. Rule 12. There shall also be filed with every application for a license, or the renewal of a license, a good and sufficient bond with such suffi cient sureties as may be approved by the board substantially in the form prescribed by Rule 13 hereof. In the sum of Five Hundred ($500.00) Dol lars. Rule 13. The form of the bond re quired by the preceding Rule shall be substantially as follows: "KNOW ALL MEN BY THESE PRESENTS: That we , as principal, and an(1 , as Burities, are held and firmly bound unto in the penal sum of Five Hundred ($500.00) Dollars lawful money of the United States, to be levied on our respective Joint and several proper ties in case the conditions hereinafter set forth shall be violated; for the lust and full payment of which we hereby Jointly and severally bind our selves, our heirs, exectutors and ad ministrators. Sealed with our seals and dated tills day of A. D. 191 The Condition of this obligation is i follows: WHEREAS, the above bounden has ap plied or is about to apply for a license sell Intoxicating liquors in accord ance with an Act of Congress approv- 1 May 23, 1918, and in accordance Ith the Rules and Regulations pro mulgated by the Governor pursuant to the provisions of said Act, and has imulied with all the -requirements of law relative to the making of such ap plication. NOW. THEREFORE,' if the said ap plication shall be granted and said license issued unto said and if, during the continuance of said license, the said shall faithfully observe and keep all the conditions of said license, and all lav ws. rules and regulations applicable to the holding and exercise thereof, and shall not be convicted of the vio lation of any such conditions or laws, then this obligation shall be void; otherwise upon proof of a conviction of any such offense being made to the satisfaction of a court of competent Jurisdiction, Judgement shall bo enter- el against tho principal and sureties named herein, for tho full amount of the fine and costs imposed as a pen alty upon such conviction, and for the cost of all proceedings In connection therewith. Principal Sureties In the presence of: Rule 14. Conditions of License: Licenses shall be subject to the follow ing conditions and provisions: (1) That the license is issued and accepted subject to all rules and reg ulations which have been or'may be. thereafter promulgated by the' Gov ernor under the provisions of said Act of Congress in regard to suspen sion or revocation thereof by the board for any violations of the con ditions thereof, or of any law, rule or .vgulaticn affecting the same. (2) That no intoxicating liquors shall be sold, given away, furnished, manufactured, transported. Imported or exported except for mechanical, scientific, sacramental or medicinal purposes, und only as provided for by the Rules and Regulations promul gated by tho Governor. (3) That tho license shall at all times bo displayed in a conspicuous place on tie premises described there ii.; (4) That the licensed premises shall at all times be open to Inspection by the Inspector of the board, any member of tho board, officers of the police force, and any person designat ed by the Governor. (5) That for tho violation of any of tho said conditions or of the said Act of Congress or of any rule or reg ulation promulgated by the Governor pursuant to said Act, the licensee shall become liable to all penalties and prosecutions provided by law with respect thereto, in addition to and in dependently of any action of the board with respect to his license. Rule 15. Revocation and Suspen sion of License: In the exercise of the power and authority by these Rules and Regulations conferred, each board of license commissioners may revoke or suspend any license issued by virtue of its approval either for the. violation of any conditions of such license or for the violation of any rule or regulation promulgated by the Gov ernor pursuant to said Act of Con gress, or upon conviction at law of a licensee of the violation of any of the provisions of said Act of Congress re lative to the sale of intoxicating liquors, or for ouy other cause deemed sufficient by the board. Rule 16. Any person desiring to purchase Intoxicating liquors for mech anical, scientific, sacramental or med icinal purposes Bhall first obtain a written permit for such purpose from tho inspector. Before issuing such permit the inspector shall satisfy him self that the intoxicating liquor sought to be purchased is actually and bona fide required for a purpose con templated by said Act of Congress; PROVIDED, HOWEVER, that no per mit shall be issued for the purchase of intoxicating liquor for medicinal pur poses except upon the written pre scription of a physician duly licensed as such, which prescription shall -be retained by the inspector and filed in his office as a part of his permanent record, and provided further that the Inspector may issue permits to phy sicians and surgeons, duly licensed as such, for the purchase of intoxicat ing liquor from a licensee, for use by such physician or surgeon in com pounding medicines. Rule 17. The Inspector shall keep a true and exact record of all permits issued by him, which record shall show in detail the date of the permit, Hhe name and address of the person to whom issued, the purpose for which it was issued, and tho kind and amount of intoxicating liquor specified there in. Rule 18. No licensee shall sell, give away, or otherwise dispose of any Intoxicating liquor except upon a per mit from tho inspector, and then only to the person to whom tho said permit was issued. All such permits shall be consecutively numbered by the in spector and retained and filed by the inlicensee as a part of his permanent record of sales. The licensee shall also keep a true and exact record of all sales made by him, which record shall show in detail the date of such sale, the number of tho permit under which the same was sold, the person to whom sold, the purpose for which it was purchased, and the amount and kind of intoxicating liquor boU. The said record shall be open to Inspection by the inspector or any member of the board at any reasonable hour, or any person designated by tho Governor. Rule 19. All Intoxicating liquors sold by the licensee for mechanical or scientific purposes shall, so far as may be possible in view of the contem plated use of the same, be denatured so as to render the same unfit for human consumption. Rule 20. No intoxicating liquors shall be imported into his district by any licensee from any other part of the Territory, states or foreign coun try, unless such licensee's order for tho same shall have received the writ ten approval and endorsement of the Inspector. The said Inspector shall keep n detailed record of all such orders and shall from time to time ex amine the licensee's stock of liquor on hand, and, for the purpose of keep ing an accurate check on the amount and kind of business done by the licensee, compare the sanm with the amount ordered and the amount sold. Rule 21. Upon written applcatlon therefor by any person known or proven to the Inspector to be a clergy man of any Christian denomination regularly engaged In his vocation, in which said application it shall be set forth that the wine therein mentioned Is to be used solely for sacramental purposes, the Inspector shall issue to such applicant a permit to purchase wine for sacramental purposes from any duly licensed dealer in the Ter ritory and or a permit to receive such wine for said purposes from any other clergyman in the Territory law fully possessing same and or a per mit to obtain and receive wine for said purposes from another part of the Territory than that In which the applicant resides and or a permit to import wine for. said purposes from any other part of the United States or from any foreign country and I or a permit to transport and or dispose of wine for sacramental purposes; and any and all such permits BOJssued shall be honored by and be a protec tion to (a) all licensed dealers selling or furnishing such wine upon such permits, (b) all clergymen furnishing wine upon such permits, and (c) all persons aiding in transporting such wines upon such permits. Rule 22. No licensee shall export any intoxicating liquor from the Coun ty in which such licensee is doing business, to any other County of the Territory except upon a permit issued by the inspector of the County to which such liquor is intended to be exported. Rule 23. No person shall transport from one place to another within the Territory of Hawaii any intoxicating liquor except upon a written order for such transportation signed by a licensee or by a clergyman as defined in Rule 21 hereof. Any person violat ing this rule shall be liable to the penalties provided for in said Act of Congress for illegal transportation; the said order for transportation shall be exhibited on demand to any in spector, to any member of the board or police force, or to any other person designated by the Governor to act in the premises. Said order for trans portation shall be in the following form: To You are hereby authorized and re quested to transport from in the County of T. H., to .in the County of T. H., and to deliver to the following cases or packages of intoxi cating liquor, to-wit: This order for transportation is to be exhibited by you upon demand made by 'any License Inspector, any mem ber of the Board of License Com missioners, or of the police force, or any person having written authority from the Governor, of Hawaii. Dated at 191... PROVIDED, HOWEVER, that this rule shall not apply to any person law fully purchasing alcoholic liquor upon a proper permit if such purchaser shall personally transport such liquor from one place to another for the pur poses indicated In his permit. Rule 24. All physicians and sur geons duly licensed as such in the Territory of Hawaii, may sell and otherwise dispose of intoxicating liquors to a patient without the license provided for by these Rules and Reg ulations when and only when such in toxicating liquors shall have been com pounded with medicinal drugs for bona fide use by such patient as med icine only. All licensed pharmacists may, without the license required by these Rules and Regulations, but only upon the written prescription of a phy sician or surgeon, sell and otherwise dispose of intoxicating liquors when and only when compounded with such medicinal drugs. Rule 25. These Rules and Regula tions shall not apfly to the sale or other disposal of patent and proprie tary medicines containing alcohol or other Intoxicating liquors. Rule 26. It shall be the duty of every inspector, and it shall be lawful for any member of the board, at all reasonable times, and at any time whatsoever If there be any reason for suspicion that the conditions of any license are being violated, without warrant to enter Into and upon any licensed premises and inspect the same and any part thereof, to ascer tain whether or not all conditions of the license and all provisions of these Rules and Reguluatlons are being com plied with. Rule 27. These Rules and Regula tions shall be in full force and effect from und after midnight of the 20th day of August, A. I)., 1918. and shall be published at least once a week for four consecutive weeks (four Inser tions) In a newspaper ir i '--i pi r of general circulation in i . h CimnM and City und County. All il -i- i'hui additions and innrn.lim nt in it Rules and Rcgulnt.ons shall li'.cw i be published - and shall be ifici'lw from and after tho lat of tin- flirt publication In each County and City and County. Done at the Executive l'.ulM!n Honolulu. T. H., this 15th day of Aug ust, A. D., 1918. (Sgd) c. j. McCarthy. Governor August 20-27 Scpt.-3 10 By Authority NOTICE TO CANDIDATES TOR DELEGATE, SENATOR AN-3 REP RESENTATIVE. A primary election for the p-.:r; o. e of making nominations for a Le.eg.ito to the House of Representatives ol the United States and for Senators and Representatives of the Legislature of the Territory of Hawaii being re quired by law to bo held on October 5, 1918, attention is called to Section 85 of the Organic Act and Sections 30, 33 and 35 of the Revised Laws of Hawaii, 1915, as well as to other sections pertaining to elections. Section 30, Revised Laws of Ha waii, 1915, reads In part as follows: "The name of no candidate shall bo printed upon any official ballot to be used at any primary-election un less a nomination paper shall have been filed in his behalf as provided In this chapter. "Nomination papers for candidates for delegate to congress shall be sign ed by not less than twenty five quali fied electors of the Territory. 'Nomination papers for candidates for either branch of the legislature shall be cigned by not loss than fif teen qualified electors of tho district for which the person nominated Is a candidate." Section 33, Revised Laws of Hawaii, 1915, reads in part as follows: "Nomination papers shall be filed as follows: For delegate to congress and members of the legislature, with the Secretary of the Territory, at least thirty days prior to the day for hold ing the primary." Nomination papers of candidates for delegate to congress, senator or rep resentative, should be filed in the of fice of the undersigned not later than twelve o'clock midnight on September 1918. Each nomination must be accompanied by a fee of $10.00, as required by law, in cash or postal money order payable to the under signed. Blank forms of nomination papers may be had on application to the of fices of the County Clerks of the sev eral counties. The twenty-five electors, who sign nomination papers of candidates for delegate to congress and the fifteen electors who sign nomination papers of candidates for senator or repre sentative, must be qualified to vote at this, not the last, election. All candidates for delegate to congress senator or representative, should there fore verify the names of the electors who sign their nomination papers by ascertaining from the County Clerks of the several counties whether at least the required number of such names on their nomination papers have been duly registered on the Great Register as electors duly qualified to vote for them in their respective elec tion districts at the election to be bild on October 5, 1918. Sgd.) CURTIS P. IAUKEA, Secretary of Hawaii Honolulu, Hawaii, August 14, 1918. FOR THE HOUSE. To the voters on Kauai: I beg to announce myself as a can didate on the Democratic ticket at the forth coining primaries for the House of Representatives. I respectfully solicit tho support of tho voters of Kauai. M. S. HENRIQUES. Kapaa, May 25th. 1918. FOR THE SENATE To the Voters of Kauai: I hereby announce my candidacy as a Republican for nomination at the forthcoming primary election, tor the Territorial Senate, and solicit the Sup port of the voters of Kauai. JOE RODRIGUES BIRTHS FERNANDES On August ICth, 1918, at Kapaa, to Mr. and Mrs. J. 11. Fern'andes, a son. FOUNTAIN On August 14th, litis, at Kalihl, Honolulu, to Mr. and Mrs. H. Fountain, a daughter. CROPP On August 13th, . 1918. at Koloa. to Mr. and Mrs. Ernest Cropp, a daughter. FOUNTAIN On August 14th, 1918, at Nawlliwill. to Mr. and Mrs. E. C. Fountain, a daughter. :o: Are You a Red Cross Slacker? IN Tilt rirr.uiT COURT OF THE rifTM CIRCUIT Te rf tarjr ef Haii At li.iiiiUr In Probate, No... In Mi" Yatlt-r of the r".t ite of Francis And- I'm ,n l.rmin. d-i eased. Order ef Net c of Pet. lien for Allow ance of Account, Determination ef Trutt and Distribution ef the Es tate. ON UKAMNU AND FILING tho Pel it ion and nciour.W of Mamie A. I.ymm inlin iii-tr.itur of the estate of Fi-itu is An b-rson Lyman, deceas ed, l-.crein petitioner asks to be allowed $1.734 27. and charged with t 'i.n'12 77. n ml prays that h-r accounts be examined und approved, and that a (in il onli-r be made of Distribution of the remaining procrtjr to thp per sons thereto entitled pnd dlsi hargtng petitioner nnd untitles from all further respottslhllty therein: IT li? OIIDI- Ri:i. that Monday, the 'th day of September. A. I. IMS. nt : ! o'cloik A. M. at the Court Room in Lihue. Kauai, of Ihla Court, be and the same hereby Is appointed the time and plate for bearing said Petition and Accounts, and that all persons In terested then an. I there apjM-ar and .-thow cause, If any they hae. why said petition should not bo granted, .mil present evidence as to who are entitled to the said property. Dated the 3rd day of August, 191S. (SEAL) (Sgd.) LYL1C A. 1'ICKF.Y. Judge of the Circuit Court of the Fifth Circuit. Attest: (Sgd.) I). Win. DEAN. Clerk of the Circuit Court of the Fifth Circuit. Aug. 6 13 20 27. NOTICE. Tho Annual meeting of tho 1 1 u I o Hacua will be held In the Ilaena Hall, Haena, Kauai, on the Cth day of Sep tember 191S. All members of this llul rre hereby charged to l o present in person at the time and place specified above, that they may learn of tho a (fairs of the said llul. and may elect tho nec- esary officers for the coming year. JAMES K. A POLO. Pres. H. K. A. Ilaena. Kauul. Kapaa, Kauai, August 3, 1918. Aug.-0-13 20 27. NOTICE. The Annual meeting of the Hul Kual Aina o Wainiha, will bo held at their Building at Wainiha on tho 5th day of September, 1918, at 10 A. M.. and all members of the said Hul are charged to be present in person at the timo and place specified above, that they may learn of tho affairs of tho said llul, and may elect the necessary of ficers for tho coming year. JAMES K. APOLO, Pres. H. K. A. Wainiha. Kapaa, Kauai, August 3, 1918. Aug.-6 13-20-27. NOTICE TO CREDITORS Notice is hereby given to all persons having claims against the estuto of Joaquim Antonio do Souza, late of Kealia, Kauai, Territory of Hawaii, do- ceased testate, to present such claims, duly authenticated and with proper vouchers or duly authenticated copies thereof even though Buch claims bo secured by mortgage of real estate, to the undersigned at his place of bus iness at Kealia Store in Kealia afore said, within six months from date, to wit: July 30th, 1918, or such claims will bo forever barred. And all per sons indebted to said estate are here by demanded to settle the same with the undersigned. Joaquim de Souza, Executor under the Will of Joaquim Antonio do Souza, deceased testate. Kealia, Kauai, July 30, 1918. July 30. August 6, 13, 20th. NOTICE Anyone found shooting on any of the Lihue Plantation lands will bo prosecuted to tho fullest extent of the law. R. D. MOLER. Manager. PAUL R. ISENRFRG, Lessee. Lihue. July 1C, 1918. Advertisement NOTICE ! From and after Monday, August 5th, 1918, all male Steerage Passengers, traveling between Oahu and any ot other Islands In tho Territory of Haw aii, will be required to obtain a Permit from the undersigned at tho Senate Chamber. Executive Building, Hono lulu. T. H., before obtaining the nec essary ticket from the Steamship Com pany. Arrangements are being perfected for the issuance of permits for male steerage passengers between Hawaii. Maul, and Kauai, particulars of which will be shortly published. H. GOODING FIELD. Captain. Q.M.R.C., U. S. A.. In Chaige of Selective Draft. Territory of Hawaii.