The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-09-18
The Law At the Board of Health.

To TIE Eiior AZ as Pacific Cgiunoreai Advertiser i:
SR in the present excitement concerning the
Board Of Health in which the legality u its e~ousiita-
ton is an element. = concise epitome Of all the stat
ute laws which have been enae,el on the subject will
be q convenience 10 sone Of your readers. AMI there
fore the following is at your service.
la the Article in the Civil Cole entitled 40 the
Public HealtE,' tue Board and lie dates are treated
Of in Sections rs to SIT, both Inclusive. BY Sec
ton 27s it is provided that there shall be appointed
by the King and Privy Council on the nomination Of
the Minister Of the Interior. a BoAri Of Health, con
sisiing Of three persons, who shall b. charged With
the general oversight aud care of the public health
Section 90 prohibits every foreigner from prac-
tieing as a physician or surgeon, Tor compensation
or reward. until he shall have satisfied the Board Of
Health Of his qualifications AMI obtained o license
from the Minister Of Interior. aud the section pro-
viles the punishment for its violation.
BY al Act approved 18th August, 1850, entitled
an Act to amend Section 27s o. the Civil Code. the
Board is made 10 consist Of i've members, of whom
two shall be medical practitioners See page 4 Of the
statutes Of that year.
BY the Act Of I0th Jan 1865, entitled an Act 20
amend Sections 27s and 279 Of the Civil Code, the
last above quoted Aet Of Aug. 18th, 1850, Is repeal
Ell, and the Board is made TO consist Of i've members,
Of whom the Minister Of the Interior shall be PTesi-
dent, and two members shall be medical practition-
ers and two members Of the Privy Council; and
amends Section pa by striking out the Worl " for
eigner" aud substituting person" la all other
respects the Article in the Civil Cole extending 10
Section 3l7 is len in foil force; and a Board ia ac-
cordance with its provisions was appointed. over
which the late Minister Of the Interior. DR. f W.
Hutchinson, presided 80 long rs he was in office.
Under the authority Of the Act Of I'd June, 1865.
the Penal Laws were compiled by the late Judge DA-
Wis aud the present Attorney General, appointed for
the purpose by the Judges Of the Supreme Court
la the volume Of the compiled laws rs published by
them, they have adopted and reprinted in extenso
the Article of the Civil Code Sections 27s to 3l7 in
elusive, as aud for the entire law on the subject
emitting all notice Of the said Act Of 10th Januny
1860, under which | understand the Board in opera-
ton at the very period Of their compilation was con-
stituted. Everybody will draw his own conclusions
as 10 the cause Of so extraordinary an oversight
BY the subsequent Act Of 9Th July, 1870, the new
Criminal Code as compiled is declared to be the
d" Law of the land of course the only law-this
virtually repeating the Act Of 10th January, 1860,
under which alone every Board Of Health heretofore
appointed, including the present one, has been
framed. [Our correspondent is apparently not
aware Of the fact that the Board consisted Of but
three members under the last reign-ED. p. &. Al
1t is rumored about that Ills Exeellency the pres
ent Attorney General has advised that the consiruc-
ton of the present Board can be sustained under the
Law; and until that question shall be settled by some
competent authority, all farther comment would be
out Of place Should it result otherwise, there seems
a simple and perfectly electual remedy for the awk-
of the position-(for it is no more than
awkward, no mischief or injury having resulted from
IT'D There is no reason why the commissions Of the
present Board, if found to be informal. should not
be cancelled and revoked, and a new Board Of three
members simultaneously appointed. in accordance
with said Section 27s; which Board, under the other
Of the Civil Code above referred TO, will
possess and be legally entitled to exercise all the am
pie powers conferred by that law as transferred to
The Penal Code and declared to be the law Of the
land. tHa