The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-03-05

answer in my notebook. ! took extra pre-.
tons, having the fear of this disease (smallpox)
in my mind, and knowing how necessary it was
to be very cautious. In reply to my enquiry ms
to the number of sick passengers, the Captain
told me that one came on board sick, and had
died on the 10Th Of January; the nature of his
disease he did not clearly know, but he believed
him to be an opium eater. as he was n very
feeble and inhIm man. / next asked for the
official log, III which | read the entries referring
to this man. l understood the entries, they be-
ing in German. IL was after these enquiries
that l asked the Captain TO muster the passen-
gers and crew. There was IA great crowd, but /
got them arranged as well as 1 could Al this
point IN the evidence. Mr.. Hartwell again inter
posed, saying he did not know the object of
these interesting details. They were all glad TO
hear them, but they did not affect the case the
question was, is the ship liable for more than
the sick persons actually brought to the country?l
DR.. Hutchinson resumed: when inspected the
passengers ] counted them. / counted SIG, but
/ did not think the ovorplus important because
Of the crowd. The first as they passed round
might have been mixed with the last. After in
specting passengers and crew, the Captain, in
reply to my enquiries, assured me that / had
seen all on board, except the sick. / then ex-
amined tho sick below, and found none among
them sick with smallpox. On the second day
after this inspection / was twice on the Septin1a.
In the morning / found no case of sickness, but
in the afternoon / was informed that the Chinese
officials had told the Captain that there were
cases OF smallpox on board. / was shown two.
From my examination Of these cases 1 have no
doubt that one had had the eruption at least
four days. and the other certainly not less than
seven or eight days. The latter was quite at the
end of the disease. The SeptiD3a was greatly
overcrowded. pirty would be a mild term TO
apply to her condition on ARRIVAL very strong
adjective is wanted. 1 was informed that when
her passengers were landed it turned out there
were Ill. | have myself counted them half-a-
Loo, 4sr,.4 n.,.. IL, - -
one of that number. II no new cases break out
amongst them. ] will discharge them from quar-
antine in lG days from the 23d of Feb. ! saw Il
suspicious case to-day"
In reply to Mr.. Hartwell the witness said
there were only Chinese doctors on the ship, that
the vessel was now clean. and that he did not
think that with proper precautions there was
any more risk of contagion being brought
ashore by the Captain going TO the Custom
House to enter his vessel, than from his own
coming back from her after his inspection.
His EXcellency II. A. II. Cater, President of
the Board OF Health, was next sworn. In reply
to Mr.. Davidson ne stated that he only knew the
amount of expenditure in connection with the
,SCDtiHlu 10y reports from subordinates, by
whom he was informed that it had already
reached the srm named in the pleadings, 81, 300.
When the witness was questioned as To what
passed between him and Mr.. Pnugcr, Mr.. Hart
well submitted tlat any such conversation was
irrelevant to the issue.
The Chief Justice There is no prayer in
the pitdulh8S Tor lriltl against II. Hackfeld ~
ON account Of the promise alleged TO have
been given. Tho Captain may be compelled 10
give a bond, lint the consignccs cannot"
The subject dropped, and Mr.. Hartwell pro-
coedcd to cross-cNamine the witness and elected
that the buildings in which the people from the
are now confined had not been erected
by the Government nor had provisions been
to amy Of them by the Government, ex-
ccpt to those who were in the hospitals.
W. &. Parke, Marshal Of the Kingdom, was
theu sworn, and gave some details as 10 the ex-
pcnses incurred by the Government i'm guarding
quarantine grounds allotted to the SeptiDla's
people, the daily cost of keeping patients in the
ETC., his seizure Of the ship and the
precautions taken against bringing infection from
her when his officers came ashore after the
seizure was raised. This closed the evidence
ON behalf of the Board of Health.
Mr.. Hartweil then put Mr.. Pfuger into the
witness box. He gave evidence as to the charac-
ter of the cargo and said he though it could be
ntewnele INA. Mi ~ nov IS. ne pfouuced
le form Of bond rendered him a few days after
e ships arrival, the wording Of which showed
at his firm was not held responsible for any
.penses. The only notice that they would be
I'D responsible was given in writing last Mon
~, IN il letter replying to his application for
ave to land the cargo. He and Messrs. Goo
i'm and Ahlo had waited on Mr.. Carter soon
the ships arrival, on the subject of landing
e passengers and was then or subsequently
ven 20 understand that the ship would be held
sponsiblc for aIi expenses incurred by the
in respect Of her passengers.
Mr.. Hartwcll thcn adduced authorities for the
sition taken up by him on behalf Of the peti-
,ncr. He coutcndcd that the question was
nply this; the statute gives authority TO the
of Health to claim from the master refund
all expenses incurred for sick passengers
ought to the port can the Board under. that
,tute claim anything further than expenses
tually incurred IN regard 20 such passengers
le precautions taken TO prevent the spread Of
htagion from those sick persons, were taken
the public safety. II these are to be charged
the ship, a formidable liability might be inn
sed. The ship would pay the expenses in
rred for those actually brought here sick and
the fumigation Of the vessel as soon as n
)per account was rendered mere estimates of
at these might cost were no good as a claim.
d the right 10 remove people include II right to
irge the expenses incurred to the ship ? Clause
3 of the Civil Code reads all expenses in
ON account Of any person, vessel or goods,
der any quarantine regulations, shall be paid
such person, vessel, on owner Of such vessel,
goods, respectively The word " respective
was unfortunate in its bearings on the claim
the Government. Clause 302 distIlntiy saws
It persons removed TO quarantine shall he ut
IL own charge, the ship was not mentioned
Z could not be held liable. IL the Government
1se to- keep a watch over these I'll passengers
re is no statute which allows them to charge
It expense 20 the ship.
Mr.. Davidson in reply, said that the questions
this case were Of a grave character and of deep
crest to the people Of this country. Referring
a remark Of Mr.. Hartwcll's he said that he
Il not demuIred rs to the jurisdiction Of the
urt, but il was within the discretion Of the
to consider that question. Consent Of
rites might extend jurisdiction territorially but
.oEIo N.t give it over any subject matter not
lp.lt. ithin the jurisdiction Of the Court.
r. Board Of Health was a corporation establish
.ita traordinary powers and might make
Ia rega.ations rs il chose to protect the public
'lth. IN this case there had been fraud
-otieei IN the Health Officers. Tho evidence
10 tlr tate Of the ship showed that the re-
val ~ the passengers was necessary. He
med tuat all tLs4 Pessengef5 were infected by
illpoE contagion. His conviction was HAT
PERSONS mentioned in Section BOG Of the Code
iuded III who were liable to spread contagion.
also c1ntended that the passengers were still
lnecta' with the ship. Their landing was
~ peIuiissory, the ship was not entered in