OCR Interpretation


The Garden Island. (Lihue, Kauai, H.T.) 1902-current, August 27, 1918, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82015411/1918-08-27/ed-1/seq-4/

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I
THE GARDEN ISLAND. TUESDAY. AUGUST 27. 1918
By Authority -
RULES AND REGULATIONS PRE
SCRIBED BY THE GOVERNOR OF
HAWAII PURSUANT TO THE
AUTHORITY IN HIM VESTED BY
AN ACT OF CONGRESS APPROV
ED MAY 23, 1918, FOR THE SALE,
GIFT, TRANSPORTATION, IM
PORT AND EXPORT OF INTOXI
CATING LIQUORS IN THE TER
RITORY OF HAWAII FOR MECH
ANICAL, SCIENTIFIC, SACRA
MENTAL AND MEDICINAL PUR
POSES.
Rule 1. Deflations: The term in
toxicating liquors ns used In these
Kules nnd Regulations Bhall be hold
to Include only such Intoxicating llq
uors as arc referred to nnd described
in the Act of Congress, approved May
23. 191S.
"Hoard" ns used In these Rules nnd
Regulations shall mean the Board of
License Commissioners, ns now con
stituted, or hereafter appointed by the
Covernor, in eacU case for the County
or City and County wherein a partlcul
nr license is proposed to be or Is ex
ercised.
"Inspector" shall mean the license
inspector, and his deputies ns 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 stock company, indi
vidual or individuals, acting or be
ing singly or together as a co-partner
ship, club or association of any kind
whatever.
Kuie 2. J-,xeept as authorized or
licenced 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
ufactuic, 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, nnd
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,
manufacture, transport. Import and
export intoxicating liquors in such
County and City and County for moch
anical, scientific, sacramental or me-
dicliuil 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 ns now constituted shall
continue to servo 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
bo 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 ns the same may be applicable
hereto, and subject to the provisions
of the Act of Congress approved May
23, 1318, 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 tho provisions of Chapter 122,
R. L. H. 1!I15, and any amendments
thereof, with respect to the enforc
ment of the provisions of that chapter.
Rule 5. All expenses incurred by
said boards shall bo paid by the
Counties nnd the C:ty and County out
cf tho 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 tho Treasurer of the
County or City and County as a
County or City and County realiza
tion. PROVIDED HOWEVER, that if
for any reason the said appropriations
sh ill not be available for that purpose
then the no id expenses shall be paid
out of the Governor's contingent fund
and all moneys received as license
fees b1i:i11 be remitted to tho Treasurer
of tho Territory us a Territorial reali
zation. Rule 6. Eiich Board shall appoint
on Inspector who shall bo known ns
the Chief Inspector for the County
or City end County where appointed,
uinl who shall rec.-ivo suh salary as
the Board shall decide. In each dis
trict of the Territory, other than the
district where tiie Chief Inspector has
his office, the Government physician
for such district shall be and is here
by appointed i.nd designated as Deputy
I. iccii.se In";x'. t'r for such district or
districts. f',u-h deputy license In
spectors shall serve without pay. It
shall be the duty of such deputy licen
se i-ispectors to issue permits for the
purchase of Intoxicating Liquors un
der thest rules and regulations, with
in their own districts only and not
otherwise.
Rule 7. Every license Issued by
any such board shall be signed by the
Chairman of . the Board and counter
signed by the Chief Inspector.
Rule 8. No license or renewal
thereof shall be Issued by any such
b6ard. except upon a written applica
tion signed and verified by the appll
cant. Such application shall be set
forth:
(1) The full name, age and place
of residence of the applicant; and, if
a co-partnership, tho names, ages and
respective places of residence of all
tho partners; If a corporation or Joint
stock company, its full name and date
of incorporation and the names of. its
olllcers; 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 clearljr and deflnately 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 be for
a term of one year, and if issued after
July 1st of any year shall be 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 Llhue and Wail
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 iu 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
tho 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 the 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 samo 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 said 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: 1
'KNOW ALL MEN BY THESE
PRESENTS: That we
as principal,
and and
. as surities,
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
just and full payment of which we
hereby jointly and severally bind our
selves, our heirs, exectutorsy and ad
ministrators.
Sealed with our seals and dated this
day of A. D.
191
The Condition ot this obligation is
as follows:
WHEREAS, the above bounden
has ap
plied or is about to apply for a license
to sell intoxicating liquors In accord
ance with an Act of Congress approv-
d May 23, 1913, and In accordance
with the Rules and Regulations pro-
mitigated by the Governor pursuant to
the provisions of said Act, and has
complied 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 continuanco of said license,
the said
shall faithfully observe and keep all
the conditions of said license, nnd all
laws, rules and regulations applicable,
to the holding and exercise thereof,
and sh;tll not be convicted of the vio
lation of any such conditions or laws,
then this ohllgitlon 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-
ed against the principal and sureties
named herein, for the full amount o
tho fine and costs imposed as a pen
nlty 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 Bhall bo subject to tho 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 Buspen
Blon or revocation thereof by tho
board for any violations of the con
dltions thereof, or of any law, rule or
regulation 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, and only as provided for by
the Rules and Regulations promul
gated by the Governor.
(3) That tho license shall at all
times bo displayed in a conspicuous
place on It e premises described there
in;
(4) That the licensed premises
shall at all times be open to inspection
by the Inspector of the board, any
member of the board, officers of the
police force, and any person designat
ed by the Governor.
(5) That for the violation of any
of the 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
ston of License: In the exercise of
tho 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 tho 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 ony other cause deemed
sufficient by the board.
Rule 16. Any pej-son desiring to
purchase intoxicating liquors for mech
anical, scientific, sacramental or med
icinal purposes shall first obtain a
written permit for such purpose from
the inspector. Before issuing such
permit the inspector shall satisfy him
self that tho 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 Buch, 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
ssued by him, which record shall show
in detail the date of the permit, the
name and address of the person to
whom issued, the purpose for which
it was issued, and the 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 Tipon a per
mit from the inspector, and then only
to the person to whom tho said permit
was issued. All such permits shall be
consecutively numbered by tho In
spector and retained and filed by tho
inllcensee as a part of his permanent
record of sales. The licensee Bhall
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 the permit under
which the same was sold, tho person
to whom sold, tho purpose for which
it was purchased, and the amount and
kind of intoxicating liquor sold. 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 the Covernor.
Rule 19. All intoxicr.tlr.g liquors
sold by tho licensee for nechanlcal or
scientific purposes shall, so far ns may
be possible in view of the contem
plated use of tho samo. bo denatured
so as to render the same unlit for
Human consumpt on.
Rule 20. No intoxicating liquor.
shall be imported into his district by
fnv lionnuoA frnm nnv rttlw., n-f nf .
" - i-.-.v w.
the Territory, stales or foreign coun-1
try, unless such licensee's order for
tho same shall have received tho writ
ten approval and endorsement of the
inspector. Tho said inspector shall
keen a detailed record of all such
orders and shall from time to time ex
amine the licensee's slock of liquor on
hand, nnd, for the purpose of keep
ing an accurate check on the amount
and kind of business done by the
licensee, compare the samo with the
amount ordered and the amount sold.
Rule 21. Upon written applcatiou
therefor by any person known or
proven to tho 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
siich 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 or a
permit to transport and or dispose of
wine for sacramental purposes; and
any and all such permits so issued
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. tho inspector ot the-County to
which such liquor is intended 'to be
exported.
Rule 23. No person shall transport
frbm one place to another within the
Territory of Hawaii any intoxicating
liquor except upon a written order
foj- such transportation signed by a
lioensee 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;
th said order for transportation shall
bej exhibited on demand to any in
spector, to any member ot the board or
pojice force, or to any other person
designated by the Governor to act In
the premises. Said order for trans
pcfrtation shall be iu 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 .V; T. H., and to
daliver 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 tho Governor of Hawaii.
Dated at ;
191...
PROVIDED, HOWEVER, that this
rule shall not apply to any person law
fully purchasing alcoholic liquor upon
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 intoxieatine
quors to a patient without the license
provided for by these Rule3 and Reg
ulations when and only when such in
toxicating liquors shall have been com
pounded with medicinal drugs for
bona fido 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 op surgeon, sell and otherwise
dispose of Intoxicating liquors when
nd only when compounded with such
medicinal drug.i.
Rule 25. These Rules and Regula-
!ons shall not apply to the sale or
other disposal of patent and proprie-
ary medicines containing alcohol or
other intoxicating liquors.
Rule 26. It shall be the duty of
every inspector, nnd it shall be lawful
for pjiy member of the board, at all
e::sonable times, and at any time
whatsoever if there be any rep son for
suspicion that the conditions of any
license are being violated, without
varn.nt to enter into nnd upon any
licensed premises and inspect the
name and any part thereof, to ascer
tain whether or not all conditions of
the license and nil provisions of these
Rules end Regulations are being com
plied with
Rule 27. These Rales and Rcpnla
Cons shall be in full force md efTe.-i
from ami after midnight of tho 20th I
il iv ,,f A, .,.. a i- , , r, . . .. '
..., w nu'i.n, ;v. ati'i stiar.
be published at least once a week for
four consecutive week3 (four inser-
lions) in a newspaper or newspapers
of general circulation In each County
and City and County. All subsequent
additions nnd amendments to these
Rules and Regulations shall likewise
be published and shall bo effective
from and after the date of the first
publication in each County and City
and County.
Done at the Executive Building,
Honolulu, T. H., this 15th day of Aug
ust, A. D., 1918.
(Sgd) c'J. McCarthy,
Governor
August 20-27 Sept.-3-10
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 the support of
the voters of Kauai.
M. S. HENRIQUES.
Kapaa, May 35th. 1918.
FOR THE SENATE
To the Voters of Kauai:
I hereby announce my candidacy as
a Republican for nomination at the
forthcoming primary election, for the
Territorial Senate, and solicit the Sup
port ot the voters of Kauai.
JOE RODRIGUES
NOTICE TO CREDITORS
Notice is 'hereby given to all persons
having claims against the estate of
Joaquim Antonio de Souza, late of
Kealia, Kauai, Territory of Hawaii, de
ceased testate, to present such claims,
duly authenticated and with proper
vouchers or duly authenticated copies
thereof even though such claims be
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 be forever barred. ( And all per
sons indebted to said estate are here
by demanded to Bettle the same with
tho undersigned.
Joaquim de Souza,
Executor under the Will of Joaquim
Antonio de 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 the fullest extent of
the law.
R.-D. MOLER,
Manager.
PAUL R. ISENBERG,
Lessee.
Lihue, July 16, 1918. Advertisement
FOR SALE
Ford Touring Body, Smith Motor
Wheel, set of 33x4 Non-Skid Chains.
Enquire at this office.
FOR SALE D. W. WILSON'S BUICK
4, 1917 model, in good order, new
tires. Apply to E. M. Cheatham,
Kealia. 4t
FOR SALE THREE MILCH COWS
and two calves. Apply at the Lihue
Hospital. tf
All persons having stock running
loose on homestead land known as the
Fourth Scries are hereby notified to
remove the same within ten days or
said animals will be put in the pound.
KAPAA HOMESTEAD ASS'N.
Adv.
"Proven Entirely
Satisfactory"
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can account for the use of
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jority of automobile own
ers. Leading coast distributors
also testify that it is "a
satisfactory motor oil."
They know from the rec
ords of their service de
partments and we know,
from exhaustive tests
that ZEROLENE, cor
rectly refined from se
lected California asphalt
base crude, gives perfect
lubrication with least car-.
bon deposit. Get our lu
brication chart showing
the correct consistencyfor
your car.
At dealers everywhere and
Standard Oil Service Stations.
STANDARD OIL COMPANY
(Clif oroia).
7 s
The Standard Oil for Motor Cars
THE CIRCUIT COURT OF THE
FIFTH CIRCUIT
Territory of Hawaii
At Chambers In Probate, No. . .
In the Matter of the Estate ot Francis
Anderson Lyman, deceased.
Order of Notice of Petition for Allow
ance of Accounts, Determination of
Trust and Distribution of the Es
tate. ON READING AND FILING the
Petition and accounts of Mamie A.
Lyman, administrator of the estate
of Francis Anderson Lyman, deceas
ed, where(n petitioner asks . to be
allowed $1,734.27, and charged with
$5,392.77, and prays that her accounts
be examined and approved, and that
a final order be made of Distribution
of the remaining property to the per
sons thereto entitled and discharging
petitioner and suritie3 from all furthor
responalbilty therein:
IT IS ORDERED, that Monday, the
9th day of September, A. D. 1918, at
9:00 o'clock A. M. at the Court Room
in Lihue, Kauai, of this Court, be and
the same hereby is appointed the time
and place for hearing said Petition
and Accounts, and that all persons in
terested then and there appear and
show cause, if any they have, why
said petition should not be granted,
and present evidence as to who are
entltlod to the said property.
Dated the 3rd day of August, 1918.
(SEAL)
(Sgd.) LYLE A. DICKEY,
Judge of the Circuit Court of the Fifth
Circuit.
Attest:
(Sgd.) D. Wm. DEAN,
Clerk of the Circuit Court of the Fifth
Circuit. '
Aug. 6-13-20-27.
NOTICE.
The Annual meeting ot the Hul o
Hacna will be held in the Ilaena Hall,
Haena, Kauai, on the 6th day of Sep
tember 1918.
All members of this Hul are hereby
charged to be present in person at
the time and place specified above,
that they may learn of the affairs of
the said Hul, and may elect the nec
esary officers for the coming year.
JAMES K. APOLO,
Pres. II. K. A. Haena, Kauai.
Kapaa, Kauai, August 3, 1918..
Aug.-6-13-20-27.
NOTICE.
The Annual meeting of tho Hul Kual
Aina o Wainilia, will be held at their
Building at Wainlha on the 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 time
and place specified above, that they
may learn of the affairs of the said
Hul, and may elect the necessary of
ficers for the coming year.
JAMES K. APOLO,
Pres. H. K. A. Wainlha.
Kapaa, Kauai, August 3, 1918.
Aug.-6-13-20-27.
Newest. Coolest HoteMn Hawaii
Fort -Street Honolulu
Correct Lubrication .
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This, the L".Heaa
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LENE nils these re
quirements perfectly,
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fined from selected Cali
forma asphalt-base crude.
J
ui
IN
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