The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-08-18
WHOLE NO. l4l7.

able him to land his passengers at this port.
April oath the secretary of th8 Board
Health replied that ''the vessel in quarar
tine for recruits but not for passengers
On the 9Th May, an inspection of the Madri
was made by three physicians of Honolulu
They reported of smallpox since Apr
21st and recommended that the vessel be allowe
to come inside the harbor, the ship, captain an
crew to remain in strict quarantine. The Hon
olulu passengers to be landed on the reef IL
quarantine but the convalescents not to b
landed. The ship to land cargo and receive Goa
and recruits in quarantine.
On the 7th May, the Board of Health te +
the agents of the Madras that the STEAMSHIP
Madras would be allowed to enter port and lauC
her Chinese passengers in quarantine under the
following conditions: The vessel to pay al
charges incurred for quarantine surveillance
since she came to anchor in the roadstead anC
during her stay in port.
The Chinese passengers will be landed on thu
the reef of Kahakaaulana and there placed il
quarantine for at least ten days, and the vessF
to pay all expenses of debarkation, food, guar
and medical attendance for said passengers dur
| ing the term of quarantine and other definite
| regulations as to freight baggage, coal and re-
cruts and that the agents of the steamer enter
into a Bond to the amount of $50 for each pass
| enger, to indemnify the government for expenses
| in case any disease should break out during the
quarantine.
May 9Th. The Madras, on the Captain receiv-
! ing this letter, steamed into port but went back
| again to her anchorage on being informed by her
| agents that the Board of Health understood that
| the conditions imposed must be complied with
| before she entered the harbOr. As the Madras
| was starting out of the harbOr, eight Chinese
passengers jumped overheard; these men were
| picked up by the police boats and returned on
board the vessel.
May 9Th. Written notice was sent by the
President of the Board of Health to Captain
Bradley that the ''steamer Madras. also yourself
officers, cI1w passengers and freight of said YES
sci being in quarantine and under the orders of
the Board of Health his attention is called to
Sections 292, 293 and 295 of the Civil Code
which recited in full.
May 9th. Mr.. Davies reported verbally to the
Agent of the Board of Health that Captain
Bradley informed him that number of cases
of smallpox were discovered the Madras,
concealed among other passengers, This report
made in writing to the President of the
Board of Health by Mr.. Davies the 10th May.
The same day the President of the Board of
Health acknowledges receipt of this information
and informs Mr.. Davies that the Board of Health
will have to reconsider the action to be taken in
reference to the vessel.
May 18th. Captain Bradley writes to the
Agent of the Board of Health that during the
night previous of the steamers boats
lowered by Cinnamon and got away from the
ship but as the Captain burnt lights to attract
the attention of the guard boats, the boat
turned. The Captain then proposed a set of sig
nails to be used in event of anything happening
in the night and asking the agent to watch for
the signals
Soon after this Mr.. Davies was invited to "a
session of the Board of Health where the affairs
of the Madras were discussed. On the 18th May
Mr.. Davies writes to the President of Board of
Health saying that his firm was authorized on
behalf of Capt. Bradley to assent to all the
ditions of the Board 8 letter to him of that date
and they-Davies & Co., agreed to become sure
ties on the Bond therein demanded and to exc
cute the same soon as the document can be
prepared.
Mr.. Davies says, in his testimony, that he had
recommended Captain Bradley to accede to all
20
gers, and that the Captain did so. All expenses
incurred in this matter up to this date to be
paid by the Madras and Bond was to be given
in the sum of $50, 900 to cover expenses thereaf-
ter incurred etc.
The Bond was first to be signed and draft
submitted to Mr.. Davies, on the 14th May. 1t
was deemed unsatisfactory by him and Captain
Bradley, and, under advice of counsel, they de-
clined to sign it, containing provisions not
agreed upon, to wit, that the obligors were to pay
for (among other things) "the repairing or extend
ing the buildings which may be used for accom-
modation of the said passengers Negotiations
then ceased.
On May 21st Mr.. Davies applied to the Board
of Health to know if the Madras as in 9uaran-
tine and if so under what regulations.
The President of the Board of Health declined |
to discuss the matter with Mr.. Davies, consider
ing that his firm were not the authorized agents |
of the Madras.
Then followed a reference of this matter by |
the agents of the Madras to the representative of
the BrltSh government ana through his inter- |
vention there was procured that the Madras |
should be entered at the Custom House and that |
Messrs. Davies & Co. should be recognized as |
agents of the Madras, and that the Madras was |
to be placed under the quarantine regulations |
of December, 1880.
On the End June it was agreed between Mr.. |
Davies and the President of the Board of Health |
that bond for $40, 900 should be given to cover
all future expenses and that the previous expen-
ditures of the BOARD of Health in this matter
should De submitted to the Supreme Court, and !
on the 5th June the agents of the Madras agreed |
in writing in effect that the question of the steam
err liability for the quarantine expenses in dis
pute should not be prejudiced by the landing of |
the passengers from the Madras. The bond was !
given and the Madras entered at the CUSTOM
House and the Honolulu passengers landed in
quarantine June 7th, and after some further mis-
followed by explanations, as to
making up the claim, preparing a case for sub
mission to the court and in reference TO the
clearance of the vessel, which are not necessary
to be here detailed, the matter finally termi-
mated by the filing of this libel.
There were many other matters put in evil |
denoe, as the imprudent and hasty remarks made |
by the Captain of the Madras as to what he |
would and would not do under certain circum-
stances, and the replies made to HIM, which arc
to the iasue before me, which is,
whether the steamship Madras is liable for the
expenditures of the Board of Health, as claimed?
The amounts of the charges made for the
hiring of guards and boats are shown to be
reasonable, being the actual sums paid ont by
the Board of Health in this behalf. The ques-
ton remains whether there were expenses INCUR
red under Quarantine regulations" Section
298 of the Civil Code reads: =" expenses ia
CURED on account of any person, vessel or goods
under any quarantine regulations shall be paid
by such PERSON, vessel or owner of such vessel
or goods respectively"
There can be no question as to the vital neces-
sity of maintaining strict surveillance over yes
sells arriving here with dangerous and contagious
diseases on board. It is the duty of the State to
protect the public health. For this reason
ample power is given by law to the Board of
Health, and the general authority is given them
TO make such "quarantine regulations as it
shall judge necessary for the health and safety
Of the iphabitants.n (Section 292 Civil Code.)
& Any vessel refusing to submit to quarantine,
and leaving the quarantine ground before the
expiration of the quarantine, or which shall be
the means of clandestinely introducing into the
kingdom any contagious dangerous disease,
shall be liable to seizure, confscation and sale''
Section 295 Civil Code.
But the Board of Health has a duty to per-
orm, fsr foreign vessels are concerned.