The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1871-06-17
is there no Board of Health ?

To the Editor Of the Pacific Commercial Advertiser =:
SIR A few weeks ago, 1 noticed in your paper a
correspondence between a gentleman who had aP-
piled for a license to practice medicine in this king
dom and the Minister of the Interior, and Board of
Health. My attention was also drawn to a notice
purporting to be published by the Minister OF the
Interior, Withdrawing the license from another gentle
man, on the ground that he had been examined by
the Board of Health and found incompetent.
A properly constituted Board of Health is an abso-
lutte necessity in this kingdom, and if it should hap
pen that a person should be prosecuted for any viola
ton of the quarantine or other regulations Of the
body now designated the Board of Health, and
should escape conviction through any irregularity or
informality in the appointment of such body, a vast
amount of blame would be cast upon the officers of
Government whose duty it is to see that those ap-
pointments are properly made.
By Section 278 of the Civil Code, it is provided
that g There shall be appointed by the King in Privy
Council, upon the nomination of the Minister of the
Interior, a Board of Health for the kingdom, consist
ing of three persons, who shall serve during the
Kings pleasure, and be charged with the general
oversight and care of the public health"
By a law passed IN the year 1850. this clause was
amended by providing that the number OF members
should be increased to five, two OF whom were to be
medical practitioners.
By a law passed in 1865 the last mentioned Act
was repealed, and Section 278 of the Civil Code was
amended, by providing that the Board OF Health
should consist of the Minister of the Interior and
four other members, to be appointed by His Majesty
in Council, two of whom were to be medical practi-
TONERS, and two others to be members of the Privy
Council.
Section 279 of the Civil Code, was also amended
by the same law.
Thus. in nv opinion, stood the law in 1868, when
an Act was passed, directing the Judges of the
Supreme Court g to cause to be compiled ready for
publication, both in the Hawaiian and English
languages, the Penal Laws of the kingdom which
may be in force ut the termination of the present
Legislative Assembly,"
This work as appears from the preface to
the FINAL Code afterwards published, was placed
in tbs lands of commissioners of high qualifications
for the purpose, and was compiled and completed
10 the satisfaction of the judges Of the Supreme Court.
The work was Published under the sanction of the
government, ana notwithstanding the admitted
ability OF the gentlemen who compiled it, and the
- judicial sanction (almost amounting to a solemn
decision of the Supreme Court accompanying it, /
contend that the Penal Code as published does not,
so far as the same relates to the Board of Health,
contain the law then in force on the subject.
By reference to page Isl of the Penal Code, it will
be seen that Sections 27S and 279 of the Civil Code
law are inserted as part of the law in force, notwith-
standing the amendments of 1860 and 1865, which
amendments are entirely ignored.
Section l of Chapter SO of the Penal Code, is a
verbatim copy of Section 278 of the Civil Code, as
before quoted, and Section 2 of the same Chapter, is a
verbatim copy Of Section 279 of the Civil Code, al
though, on page 14l Section 279, as amended by the
law of 1865, is inserted under the head of licenses.
1t may be said. that as a compilation of the laws
in force was only directed, this inaccuracy is of no
moment, as, notwithstanding the declared opinion of
the judges, such opinion was not expressed in the
course of a judicial proceeding before them, and
could not have any effect upon the law as it then
stood.
This position l entirely concur in, and had the
matter rested there, no harm would have ensued,
except the expenditure of the votes for the compilation
and printing, possibly as the printing was done at
the Government press, the profit covered the loss)
and this letter would not have been written.
But by On Act of the Legislature passed in 1870,
the Code as published is declared to be the law of
the land. and | contend the effect Of this enactment
was to abolish the Board Of Health. as then existing,
and to provide for the creation of a new Board of
three persons, on the nomination of the Minister of
the Interior.
Has this been done7 I believe not. The Minister
of the Interior, as President of the so-cnIed Board
of Health, still thunders forth his orders as a
despotic monarch, ard expected to be obeyed.
Let him, and others whose duty it was to watch
the legislation Of last session, look to it.. Let the
blame OF this ~hungling, whether it has arisen from
carelessness. ignorance, or otherwise, fall upon the
right parties ; let our next Legislature be more care
full in passing laws ; and above all, let those officers,
who are paid. and whose duty it is to introduce laws
to the Legislature, make themselves acquainted with
the details of the measures they introduce.
Finally, let the Minister of the Interior repair as
soon as possible the error committed, and retire from
his position of President of a body having no powers,
and nominate fit and proper persons to succeed him.
l may in a future communication direct attention
to other mistakes Of cur rulers and lawmakers.
Yours, &c, NJ.