The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-08-23

y w4r-aL- OF arrest issued by q District OF Po-
lice judge, under the old law, held good only in
his district. This law amends the statute - that
such warrant On being cyuutersigued hy the Cir
cult Judge. can De served in any part of the Is
land in which IL may have been issued.
Other more important laws follow the 4DOve.a
notice Of which We must defer till aupthe. issue.
81 reference 10 the proceedings Of the
legislature on the next page, it will Be- seen that.
after considerable maueuvering, q bill has been
passed. purporting to attempt to mitigate the
evils and diseases arising from Prostitution"
Is i walLknown, the Ministry have been clamor-
Gus during the past few months II initiate some
measure on this subject, and the result Of their
efforts will DE- found in the bill which Is reported
in another column, a. passed by the Representa-
tiyes. Ii matters little whrIe the bill originated
whether in the editorial sanctum Of the Poly
nesiqa Office or in the cabinet councils. 1t posses
ses no virtue worth boasting of, and can only be
regarded, - far Is its operation Is concerned. a
an innocent and harmless enactment passed to
aatter the vanity of u few who would be esteem
ed as salvatore Of the Hawaiian race. The pro-
visions of the law are briefly these:
TIE PnEAu8LE recognizes prostitution d one Of tie sources
Of The decrease u the Hawaiian race, and that a 1t cannot he
" suppressed" is evils ought to he " uus ted.
Section l coapes every e common prostitute to lie registered
by tie sheriff.
section provides that every such female not registering her
self. shall ie imursau-d ia the jail 90 70 % days.
amiu-I rs a physician once Do two weeks. free Of charge.
seton : HF''-l.- ina any sLch 'e',l INA .'
submit; 90 an eNamulti"u or following the directions % the pa!-
sic.au. shall b. .mTri-one! So g. GO days
sections 8. 5. provide for the c1mFer-a.ion Of The uhys!-lan,
take eject.
We have heard much on the subject Of legisla-
ting on morals, and there is. and has always been
on its r~ropriety an honest difference of opinion.
.- III - .-.r,- T.v r,,r.Ifpr tho
moral duties Of man. They would annul all laws
pertaining to the Sabbath. to adultery, and kin
dreI vices. O1i.ers would have Il law 70 meet
every ofense-,hey would advocate Il law on
every moral Obligation. They would compel cr-
ring humanity to walk in the paths of rectitude
and virtue a. hicy Leliey, To be right. But be-
yynd the simple indication 10y statute what is
right and what IS wrong, and clearly defining the
penalty for thc wrong, it j., questionable whether
the statute should = farther and compel, or at
tempt t. compel, a compliance with TreconceiTet
notions Of moral roctitude.
Let as now look ut tlis law. l. points - "a
class Of abandoned women. and tells them. We r.
co2niza your pro. es-ion, bus a. you ar supposed
All u be infected with di>.ls,, You must g and
be registered and doctyrei. Failing to DO that,
You must tax. up Your abode in yonder Jail.
it is presumed ri5, tie phy.icfiln must grant . a
health certificate. which may be used TO further
her calling. Tr,eiaiuIog L, all whom Ii may con-
Germ that all Is right. Now has tire state the
right To step in her and regulate the health Of
this or any other clas- If our population ?
Has it any right I, compel Females II undergo the
provisions OF this statute, or suffer the penalty Of
a refusal? II it pos esses such "a right. (tnd we
by no means say il does nos.) then il has the right
and Is bound to regulate matters in respect to
males-to compel every sailor or stranger who
comes here u first visit the prostitute physician,
and receive his certifcLt. or take 6O days lodging
in the stone house. TheaivOcIJes Of the measure
will look with holy horror at any such extension
of the provisions of the law.
But, like many Of orr acts. this Is IN advance
of our wants. We have a law on our statute
book now, (ride Civil Code, Sec. 1000 making
it the duty Of the Sherif> to remand naughty girls
to their namas or other guardians. whenever
they find them going ;4stray. But this statute
remains to this day a dead letter, not because
there are no abandoned women or girls. 10 whom
it is applicable. but because it does not meet
the necessities Of the. case. 81 also with the law
under discussion 1t must. IN is operation, lie a
dead letter on our statute book. not because iC
can not be carried out. but because public orin-
ion will never sustain its operation. 1t Is not
the duty Of the Stat to conlpei the cure Of any
disease. Elncied or reil, at the penalty Of impri-
sonment. 1t must be a voluntary act on the part
Of the person diseased. The State may and
ought TO provide, at the public expense, hospitals
for the sick, and invite them thither, but when
it seeks to compel the sick there, it exceeds the
power vested in IT,. Au acr compelling all con-
sumptves or rfeumatics to resort to any appoin-
ted physician, and - follow his prescriptions IN
der the penalty Of Imprisonment, would lie a
violation If private rights. Is it any
the less 50, when the anne principle Is applied to
prostitutes? Their disease Is no more contagious
than many other human ailments. IL becomes
only by "A ycIvufary act on the part Of
the person to whom il j. conveyed. Whoever,
therefore. becomes diseased. becomes 30 knowing
risk. and ut his peril. as every person may
contract any other disease by imprudencc on his
part.
Although the principle on which this law Is
ountsi Is maniGystiy unjust, and an unwise one
TO adopt IN our legislation, We believe the law
he found inoperarive. and consequently
harmless, doing neither hurt nor good. 1t viii
neither lessen the amount Of prostitution. nor is
: calculated to abate tnc evils which how from
[. All admit that it is an evil. and the source
II many others but like drunkenness and ochcr :
evils. no laws can cure or even alleviate
I, and the less the law NEEDLES with it the better. ,
Ne would all scorn a law compelling every ha-
ritual drunkard u be registered At the Sh,riH~s =
under a penalty OF 80 days (though Practic-
llv most Of them are s-re yistered" by that Officially
nd then compelling him to proceed 10 a physi- a
ian, who fancies he has found the panacea. by il
lelas~ @ (which, his disease can be cured. and there +
uhuir himself {, medical treatment. such a law. d
he aFologists Of the present act would perhaps
ontend might promote the health and indus :,
~ of the country. and therefore it ought to be D
r.rr rlLn r.-tars Pr rc-n11 y L.. =