The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-07-27
A Proposed Law to Mitigate"

The discussion on the bill to repeal the so-called
" Law 10 Mitigate, " while il confirmed many IN
the opinion that there were serious evils connected
with It's execution, owing doubtless to 4 want OF
energy 10 the executive, as well as TO inherent de-
fects in the law itself, yet fully proved the fact
that it will not do for US to allow the ''soeial evil'
in our midst to continue unrecognized and to
operate unchecked in its deadly work of poisoning
the people. 1t will not do to shut our eyes to
known evils. simply because they are repulsiye to
our moral sentiment. Such a course is not that
ofthe true christian or pbilanthropist, much less
of the wise LEGISLATOR
That the Law TO Mitigate was of but very
little practical use, we have maintained; that the
effect of its repeal, unsupplemented by any other
provision Of law relating TO the subject OF which
It treated would be extremely mischievous, we
are thoroughly convinced. The Consequences
would be vastly worse than if no such law had
ever existed. The vicious and the unreasoning
would at once consider, however enormously, that
sin and disease were to be passed by unnoticed
and unchecked - to speak. unlicensed, =
and whatever real or fancied control was possessed
by the police would be lost altogether. Thus by
getting rid of some evils we arc in danger of in
curing other and still greater ones.
We regard the = evils and diseases arising from
prostitution" as even more destructive TO the
physical as we'll as the moral health of this peO-
pie than the smallpox, or any other epidemic.
Being thus dangerous to the public welfare, the
persons afflicted with the disease should, for
special reasons that do not exist in the case Of
other maladies, be isolated so that they cannot
spread the foul cOntagiou, and be forced to sub
NIT to medical treatment until cured.
Great evils require strong remedies. One of
the principal causes of the failure Of the law Of
1860 was that it was not strong enough that it
did not give the needed power to enforce proper
rules and regulations. Such n law, as u sanitary
measure, cannot be made too strong. Any OBJ
jections as to the liberty of the subject under
Constitutional provisions, may be met with the
same answer that is made-Or could be made-in
the cases of persons afflicted with smallpox or
leprosy, and whose personal liberty it is necessary
to c%urtail, for :he good of the people at large.
And here it may be remarked that in ordinary
cases, those whose duty it is to execute the laws
must hear the responsibility when they do not
accomplish the desired end.
Doubtless the views which we have here ex-
pressed have Influenced the introducer and the
advocates of the bill which was before the Assem-
bly, on Wednesday, the text of which we give
below
AN ACT TO PREVENT THE SPREAD OF sYPHILITIC AND
VENEREAL DISEASES.
Be II Eaacied, By the King and the Legislative is
Sembiy Of the Hdtcaiidn Islands ia the Legislature
Of the Kingdom assembled:
Section /. There shall be established in the city
of Honolulu. a Dispensary for furnishing medical
advice and medicine 10 persons of both sexes afflicted
with syphilitic and venereal diseases. Said Dis
pensary shall be under the general control and
direction Of the Minister of the Interior, who shall
have power TO appoint a competent physician to have
charge of the same and 20 make all needful rules
and regulations for the administration of said Dis
pensary.
Section 2. All women known to be prostitutes
shall attend and be examined by the physician in
charge of such Dispensary from time to time upon
due notice from the Marshal of the Kingdom or his
deputy, TO be approved by the Minister of the Int
TI3E or sons agent saRRS0iPPfteeat. rRhXu rhigm and JSGpll
ment Of the physician in charge shall be necessary
to promote their cure. In like manner any other
persons, male or female, who may be suffering from
such diseases and who neglect to secure proper med
icll treatment elsewhere, shall be required TO submit
themselves for examination and treatment upon
notice as aforesaid.
Section 8. Any person who after due notice as
prescribed in the preceding Section shall fail to at
tend as Aforesaid or who shall neglect or fail to obey
the prescriptions of the physician in charge of the
DispenSary, shall upon the written order of the
Minister Of the Interior be summarily imprisoned,
for so long a time as their disease endangers the
public health.
Section 4. The expenses of the medical treatment
and medicines Furnished as aforesaid shall be at the
charge Of the person receiving the same, if able TO
pay for the same, otherwise at the charge Of the
Government.
Section 8. The physician appointed to The care of
DisperSary shall be paid such reasonable COM
as may be determined by the Minister of
the Interior, and shall account TO the Department of
the Interior for all monies received under this Act.
Section 6. For the purpose of carrying into effect
the provisions of this Act, the sum of five thousand
dollars is hereby appropriated out of the monies in
the public Treasury not otherwise set apart. This
shall have the same effect and be
for in the same manner as if inserted in
the general Appropriation Bill, and shall be payable
upon the order Of the Minister of the Interior.
After the foregoing was put in type, we learn
ed that the Assembly had voted to indefinitely
the bill. More's the pity, say we. 1t
may be observed, however, that the Act to repeal
law of 1866 has not yet received His Males
signature.