The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-08-18
HONOLULU. HAWAIIAN ISLANDS, AUGUST Is. 1873


distinctly 'tnever;" Mr.. Gibson then told
me the steamer could have water and re-
cruits if necessary in order to control the
passengers; some letters passed between the
British Commissioner and President of the
| Board. of Health in which he reiterated
that the passengers could not land; L went
to the Collector-General of Customs and he
| instructe me what to do regarding entry;
| on going to the wharf 1 saw Captain Brad
| lev aud he said he had instructions hot to
enter,his ship; on the 10th of April I went
! to the President of the Board of Health to
| ask if the Madras could be brought under
the rules of the Board of Health; the answer
is on the file, it is to the effect that the ves-
sci was in quarantine. Before going to Hilo
asked the Secretary OF the Board of Health
what instructions L should give Captain
Bradley regarding quarantine; when L re-
turned from HiIo on the 9Th of May heard
that three physicians had reported on the
health Of the passengers. REPORT dated
May 5th handed in.) I saw the Madras in
harbor; I could not understand why was
so; / went to Mr. Gibson and expressed my
regret and felt convinced that the Captain
had acted under a Misrepresentation. L
wrote to the Captain and he replied; just as
i TeCelVeu his lellcT, HIS Slcdu1eI SlcdLncu
out; when L next saw Captain Bradley he
said he had nine cases of smallpox on board
in all it's stages. 1 wrote to Mr.. Gibson. L
was summoned to attend a meeting of the
Board of Health; declined to give an opin-
ion as to what was best to do; was asked
to sign bond for $40, 900; said could not
do anything without the Captains consent;
the Captain afterwards requested me to ac-
cede to any demands that were made and
accordingly signed bond of which the
Captain approved; 1 asked that action be
taken with the vessel pending the signing
of the bond; this was refused; subsequent
to that, Major Wodehouse had some cores
pondence, when Mr.. Gibson said he recog-
nized that was the authorized agent of the
ship. 1 applied at the Custom House to en-
ter the vessel and was told that there were
no instructions to that effect. On the sec
ond o. June applied again and the vessel
was entered. On my asking to clear the
vessel was told she could not clear till the
expenses incurred had been paid; L stated
the vessel was ready for sea and 1 was pre-
pared to submit the whole matter to the
Supreme Court as originally agreed upon.
By Mr.. Hatch, a copy of an account of
$500 was brought to me by policeman; 1
declined to pay it without it being initiated
Oy the Captain; L was never questioned
about the expenses to be incurred by guards
during coaling; L do not feel justified in adj
mitting the item Of expense for coaling out
side; have $4,000 in my hands to-day to
pay any expenses that might have been in
CURED from the day the bond was executed;
told Mr.. Webb so; do not know that ]
was ever requested to give bond for quar-
autine expenses; there were three bonds
called for; the first and second fell through
and the third was signed; both L and the
Captain agreed to terms of the letter of 18th
May which states that the expenses of the
guards from April Sth are to be paid by the
ship. We agreed to pay these charges al
though we did not think them right, for the
sake of getting the ship away.
DIR. Trousseau, sworn-I went off to the
steamer Madras, on 10th April; received
letter from the Captain while alongside;
(letter read, dated in error, March 10th.) I
then went on boardj went down the fore
hatchi the people were very much excited;
made a proposal to Mr.. Gibson but as he
did not accede to it, 1 did nothing further
in the matter; L examined the Captains
log book and found the cases noted accord
ing to tee tenor of his letter; (the witness
gave the details of conversation between
himself and the Captain.)
By Mr.. Hatoh-At the time the Madras
arrived there were Cinnamon in quaran tine
on the reef.
This closed the evidence
Mr.. Preston for tie defense, argued that the
ship was not properly in quarantine. To be in
quarantine she should have been allowed to
enter at the Custom-honse and her passengers
should have been landed on the quarantine
grounds. AS this was not done, he submitted
that the vessel was not in quarantine, and the |
Board of Health had no claim on her for
penses. There was no information given the |
Captain as to what the ships liabilities were,
what were the regulations Eof the Board of
Health. He argued that the laws compelled a |
ship to enter at the Custom house within forty
eight hours of her arrival at the Port, and that
as the Madras was not permitted to do SO for a |
long time. she could not be considered as having |
entered the port of Honolulu. The learned |
counsel also contended that the regulationsian |
of the Board of Health were..not law
until they had been published three times iu the
and as this had not been done in |
regard to some of those affecting the Madras, |
they not legal, and the vessel could not be |
held liable for violating shsm.
Mr.. Hatch, for the prosecution, argued that |
the Board of Health had almost unlimited pow
ers They must have, from the very nature Of |
their duties, and all that the COURT had to do in
this was to satisfy itself that the Board had
empowered it's President to take suoh steps
esdeemedtpecessary to guard the public health, |
and in the next place TO be satisfied that the
penses inourred-for the payment of which this
suit brought-were necessary, and the |
charges made not exorbitant. The Court had |
nothing to do with questioning the right of the |
Board of Health to issue such regulations as it
might deem best. They had the right to incur
such expense as seeHied best to them. Of |
learned counsel said-they would |
not do such an improbable thing as order an
ironclad to protect the harbor Gas had been sug-
gested they might do); but, in all reasonable
ways, he held that the Board had the power to
make its own regulations. The Captain of the
Madras was disgusted with the course the Board
had pursued /; but it was not for him to say what
the Board should do, but for the Board to direct
and control his movements: The Madras was
Sin the kingdom = when within three Iailes of
the shore, and within the legal jurisdiction of
the Courts, It has been said that she was not
s. in quarantine" The counsel held that she
was in quarantine. From the time that the
yellow flag was sent on board of her by the pilot
she was in quarantine. If she not IL
quarantine, then she could have steamed into
port. Either she was out or else she was in.
The other side does not say that the vessel was I