The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-08-18

a space of forty days appropriately the term OF
forty days during which a ship arriving in port
/ and suspected of being infected with malignant
. or contagious disease is obliged to forbear al
{ | Intercourse with the city OF place. This time
was chosen because il was supposed that any
infectious disease would break out, if at all
5 within that period (2.) Hence the word means
restraint of intercourse to which a ship may bC
subjected, on the presumption that she may be
infected, either for forty days or for any other
limited period" tWebster's Dictionary, title
Quarantine.)
1t is a general rule in every country that the
|, proper officers may determine the period of re-
straint at their discretion, according to circum,
stances, and l think that Sec. 292 Of the Civil
Code in authorizing the Board OF Health to
establish the quarantine to be performed by all
vessels, ETC., meant to confer this very
power, to-wit: that the period of restraint
and non-intercouse to which vessels arriving
here to be subjected, must be definitely set
tied and established by the Board of Health.
The very idea of n quarantine implies that 1t is
for definite, limited time. And il would be
quite competent for the Board of Health on the
expiration of quarantine, if there should be
"A fresh outbreak of disease on ship, to estab-
lish a further quarantine.
do not go to the extent Of saying that the
definite term of quarantine for all ships cannot
be varied to suit the eXigencies Of any particular
case or disease. think, as the power is given
to establish "from time to time" the quaran-
| tine to be performed by vessels, that n ship
under exceptional circumstances may be sub
jected to exceptional quarantine, without the
formality of repeating the formerly established
period, and establishing a new term.
But / understand that the Board Of Health
had by regulation, last published in Dee. 1880
established quarantine of ID days for crews
! and passengers of vessels having smallpox
board. (See Regulations Board of Healthy
Was the Madras regularly in quarantine while
the Board of Health incurred the expenditures
! the subject of this controversy? And were
these expenditures incurred under any
| quarantine regulations? Unless they were,
! plaintiff cannot recover. II would not
! be just to exact the severe penalty Of
confscation and sale of n vessel for ex-
penses of quarantine unless notice Of the iabil-
ity is given to the vessel and she is made aware
Of the restraint imposed and its duration and
consequences For instance, if n vessel should
arrive here from port 'nfested with cholera
and quarantine of twelve months sbould be
established for her, it is quite possible that tn2
vessel might not be willing TO submit TO 1t and,
if the nature of her voyage admitted Of ii she
might return to the port whence she came with
out undergoing quarantine.
do not understand that the Madras was put
in quarantine by the written declaration made
by the President of the Roard Of Health, Of April
18th, that the Madras may be regarded rs in
quarantine, qualified by the statement Of the
Secretary to the agents to the vessel that she
in quarantine for recruits but not for passen-
gers, - for period of restraint was stated. il
is difficult to understand what was meant by
quarantine for recruits but not for passengers
Il
period of restraint, however long, would suffice
after which the passengers could be landed from
the Madras. A statement being made TO a ship
''you are in quarantine this condition of things
might last for months years and the expenses
of watching the vessel consume her entire value.
L avoid saying anything here as to the power of
the government 10 altogether refuse permission
to citizens of a state, with whom we have
treaty securing this right to land in this King
dom. For although the first resolution of the
Board of Health was to the effect that its Presi-
dent was empowered to prevent the landing of
any passengers from the steamer Madras, this
position was not adhered to by the Government
and the passengers finally allowed 10 be
landed If the Madras had been placed in a def
mite quarantine and quarantine regulations
required her to be watched with guards
in patrol boats or otherwise during this period
these and whatever expenses necessarily
incurred in maintaining this quarantine would
have to be paid by the vessel.
She was however, kept in q state Of uncertain.
ty for period of nearly two months, and all the
while the expenses were being incurred The
action taken by the Board of Health in allowing
her well passengers to be landed and put in
a quarantine of 21 days, could have been taken
Immediately on the arrival Of the vessel here and
this large expenditure saved.
1t was certainly necessary to watch the vessel
to prevent passengers, weary OF the restraints Of
a long voyage and excited by their fears Of the
disease among them, from escaping ashore-and
thus spreading the infection among our people
but if the passengers were ever TO be allowed
TO DO landed on THESE BnOrcS, lley BnOulu nave
been landed in quarantine, reasonably soon after
their arrival here and some guards would havo
been necessary but for only few days, exclusive
Of the period of shore quarantine which is not
in question in this suit.
The danger to the health Of the community
from smallpox was not tat all lessened by dotain-
ing the ship outside with 50 large n number Of
passengers confined on board for 80 long time.
in fact, the contagion increased on board during
that time.
Quarantine Rule 2, published on December
IL, 1880, reads &" On the arrival Of any vessel
at any port of this kingdom, having had or stll
having any person sick Of smallpox on board
the vessel shall be detained in quarantine the
sick shall be sent TO the quarantine hospital,
and the crew and passengers shall be submitted
to quarantine for fifteen days"
Now, if this regulation had been put IN force
against the Madras on her arrival at this port,
the probability is strong that she would have
been released from quarantine and sailed hence
within q month.
1t would not be Just to compel the Madras 90
pay for guards in watching her for any longer
than was necessary, say, for a period Of few
days sufficient to enable the authorities 10 pre-
pare the quarters for the reception OF the pas
sengers. There is no testimony before me ndi-
eating precisely how many days would be suffi-
cient. But IL seems to me that one week would
be ample time and for guards for this period
only is the Madra' liable.
1 can draw no Jther conclusion from the whole
in IT, s case than this, that the Board
of Health frOT the time of the arrival Of the
SlauFaS ApII IUIn 10 May Gtn uau not Ohly NOT
put the Madras in definite quarantine but did
intend to put her into quarantine contemplat-
ing the landing of her passengers after the
danger from infection was over, for, mp 10 this
latter date, there is no intimation given 20 the
Madras as to when the period Of her non-inter-
course with the shore would cease, or be likely
TO cease.
1t is perfectly clear that, If the Board
Of Health had adhered to its decision and
the passengers per Madras had never been
allowed to land, and she had gone off TO some
other port, the Board of Health could not have
recovered from her their expenses incurred in
her from having intercourse With the
shore, and the expenses now sued for are quite
for they were incurred before the
Madras was put in quarantine, which was not
until about June 1st.
Judgment will be entered for the libellant for
he amount of expenses of guards and boats for
)ne week, and this matter is referred 10 the
Clerk of the Court to assess and report to the