Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-08-25


Of the state 90 protect the public health. For
this reason ample power is given by law 10 the
board of health and the geneial authority is
given them to make such quarantine regula-
tiuue as d shall Judge necessary for the health
and safety ol The inhabitants"
But the board Of health has duty 10 per
fotm, %, iar 1s foreign vessels are concerned.
One Of these is given by section 372: The
board of health may from time to time, cstab-
llsh the quarantine TO be performed by vessels
arriving at any port Of The kingdom. Now,
quarantine is defined 10 be % properly the
space " forty days; appropriately, the term n
forty days during which a ship arriving in
port, and suspected ~ being infected with
malignant Of contagious disease, is obliged to
lorbcJr 1ll intercourse with the city or place.
Ihis Time was chosen, because it was supposed
that any Infection, disease would break out, If
at all, within that period y hence the word
means, "tcstnnt Of intercourse to which
ship may be subjected, un the presumption
that she may bc infected, cilhc, for forty days
~ lor any other limitcd period
II is a general rule in every country that the
proper officers may determine the period of re-
Fraint nl their discretion, according 10 circum
stances, and | think that section 2o7 Of the
Hawaiian Civil Codc in authorizing the board
Of health TO establish the quarantine to be per.
formed by all vessels, ctc. was meant TO con
fer this very power, 10 wit that the period Of
restraint aud onintcrcuurse to which vessels
arriving here are to be subjected. must be
definitely settled and established by the board
Of health. The very idea Of a quarantine i'm
plies that it is for definite, limited time
And il would be quite competent Tor the board
Of health on the expiration Of one quarantine,
il there should be a fresh outbreak OF disease
on a ship, 10 establish further quarantine.
do not 90 to the extent Of saying that the
definite term Of quarantine for ali ships cannot
be varied to suit the exigcncics Of any parti.
cular case or disease think, as the power
is given TO establish from time TO time, the
quarantine 10 be performed by vessels, that
ship under exceptional circumstances may be
subjected TO exceptional quarantine, without
the formalty Of repeating the formerly estab-
lshed period, and establishing new term.
But, | understand that the board Of health
had by regulation, las, Published in December,
1880, established quarantine Of fifteen days
ior crews and passengers OF vessels having
smallpox on board.
Was the Madras regularly in quarantine
while the board of health incurred the cxpcn-
ditures, the subject Of this controversy? And
were these expenditures incurred under any
quarantine rcgunions' Unless they were,
plaintiff cannot recover II would not be just
to exact the severe penalty Of confscati0n and
sale Of vessel for expenses Of quarantine, un-
less notice of the liability is given 10 the vessel
and she IS made aware oi the restraint imposed,
ana IT'S duration and consequences for IN,
stance II Ncssei shonld arrive mere RON
pot, infested WIN cnolera' and a quarantine OF
Twelve months should be establised ior her, 1t
is quite possible that the vessel might not be
willing to submit ia it, and, II the nature Of
her vOyaCc admitted of it, she mphi return to
the port whence she came without undergoing
quarantine
DO not understand that the Madras was
put IN quarantine by lhe written declaration
made hy the president OF the board OF health
OF AprlI ION, that the Madras may be
regarded as IN quarantine, qualified by the
statement OF the secretary to the agents to the
vessel that she was IN quaraniine Tor recruits
but not Tor passengers, Tor no period OF
restraint was stated. II Is dlihcult to under
stand what was meant by quarantine lor
recruits, but not Tor passengers. If the words
mean anything, they mean that no period OF
restraint, however long, would suffice after
which the passengers could be landed from the
MadfaS. a statement pclnG made 10 snip,
you are IN quarantine, this condition OF
things might last for months OF years, and the
expenses OF watching the vessel consume her
entire value. avoid saying anything here
rs To the power OF the government to alto
sether refuse permission to citizens oil state,
WIN whom we nave no treaty securing tins
night, to land IN this Kingdom. For although
'he irsl rcSolnllonsol the board OF health was
To the elect thai MS president was empowered
to prevent the landing OF any passengers from
inc steamer Madras, tins position was not
aahered 10 ny the government, ana thc pas
sehGefs were hnaliy allowed 10 he landed
IL the Madras had peeh placed IN a definite
quarantine, and quarantine regulations required
her to be watched with guards IN patrol boats,
or othefwlsc duiing TINS period, these and
whatever expenses were necessarily incurred IN
maintaining this quarantine would have to be
PAD by the vessel.
She was however, Kept IN Il state oI uncer-
'ainty lot pcriod OF nearly Two months' and
al m 'he whl'e lhe expenses were peins incurred.
Inc action taken by the board OF health IN
allowing her "c'l passengers to be landed and
pu' IN quarantine oi 'Menty-ohc days, could
have been taken Immediately on the arrival OF
the seSSeI mere anu ms large expenditure
saved
II was certainly necessary to watch tne YES
SCI 20 PfeVen' passengers, weary oi the re-
s'ialh's oi iong voyage ana excited ny iher
iears "i the disease among them, from escaping
ashore-and thus spreading the injection
- ii,i -,
ever 10 be allowed 10 be landed on these
shores, they should have been landed m
quarantine, reasonably soon alter their arrival
mere and some guards would have been neces-
Sary; Du' lor only lew days, exclusive OF the
period oi shore quarantine, which is not IN
question IN TINS SUIT.
Inc danger TO The health OF The community
from smallpox was not al all lessened by de-
tanning the ship outside with so large num-
Der OF passengers confined on board ior so long
time; IN iacl, the contagion increased on
board during that time
Quarantine kule 2, published on December
IL, 1890, reads; ' Tn the arrival OF any vessel
at any port OF this kingdom, having had or
s''li having any, person sick OF smallpox on
board, The vessel shall be detained in quaran-
,lne; the SICK shall be sent to the quarantine
hospital, and the crew and passengers shall be