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

sickness on DOard, ana mus inducing the PHO
to go on board the vessel, which he had no bust
ness to do if there was sickness. The pilot die
all he could, by reporting himself to the Por
Physician (whOm he met on going ashore) anC
placing himself under his (the Physician s
orders, as having come from an infected ship
Again, the Captain had not efficient control owe
his passengers crew, as abundantly shown
in evidence, and these facts, with others, proved
that the expense incurred for a guard around
the vessel was necessary, and, the counsel
argued, should be paid by the vessel. Letters
were put in evidence to prove that the agents
of the vessel admitted the claim, and at the close
of the arguments his Honor stated that he would
give the matter his early attention.
OPINION OF THE CHIEF JUSTICE.
This is a libel in admiralty by the President
of the Board of Health of the Hawaiian King
dom against the steamer Madras, whereof w. II.
Bradley is master, filed on the 18th of June.
Attachment made the same day. On the
filing of n bond, deemed sufficient by the libel
liant, the vessel was released from attachment.
The libel recites, in substance that the steam
ship Madras arrived at the port of Honolulu on
the 8th of April, 1888, upon voyage from Hong
kong, in China with 745 Chinese passengers, of
whom 600, more less were bound for the
port of Honolulu that the master signed a
health certificate that there was no sickness on
board that libellant thereafter discovered that
the said steamer infected with disease
known the % smallpox and that two of his
passengers were at that time sick with the said
that libellant caused the steamer to be kept out
of the harbor of Honolulu, and the master and
crew were wholly unable and insufficient to con-
troll their passengers that several OF the pasSen-
gers escaped, and attempted to land with boat,
and subsequently eight attempted to swim
ashore ; that, in consequence of the neglect
inability of the master to control said passen-
gers, the libellant caused guard of eight to six
teen men to patrol about the steamer, and pre-
vent unauthorized communication with the
OH md he lam nf her mas enc orr
that said guard was proper and necessary, and
that, without the same, the smallpox would
have been introduced among the inhabitants of
this kingdom from the steamer, and great loss
of life and damage would have ensued there
from that, by reason of the premises aforesaid,
the Board of Health has been damnified in the
sum of 81, 742 %, according to the specification
annexed, which shows these sums to have been
exp ended in the hiring of guards and boats, etc.
The answer of Captain w. H. Bradley, inter-
vening, admits that the Madras arrived off the
port of Honolulu on the 10th. and not on the
0th of April, upon a voyage from Hongkong,
China, with the number of passengers men
toned in the libel that he did sign and deliver
to the pilot a qualified health certificate, which
is now in custody of Gbellant and which he
Graves leave to refer to !; that ibelant did
discover that the Madras was infected with a
contagious disease, known as smallpox but
that lbellant discovered these facts in conse-
quence of respondent having communicated
them to the Port Physician of Honolulu. The
denies that the ibellant caused the
steamer to be kept out of the harbor of Homo
lulu, and afterwards respondent anchored her off
the port, but AYERS that respondent brought his
vessel to anchor off the port before any commu-
nication was had with libellant, any officer of
the Board of Health that respondents crew
consisted of forty-two persons, and were able and
sufficient to control said passengers. Respond
ent admits that some of the passengers endeay-
ored to escape from the vessel, but that they
were pursued and brought on board by some of
A.
ly, eight passengers did attempt to swim on
shore Respondent denies all the other allega-
tions and says that if the alleged expenses have
been incurred they have been incurred without
any authority or justification in law against the
or the said vessel.
A short history of this case as derived from
the letters between the parties and oral testi-
mony is as follows: On the 10th April the |
Madras arrived off the port with smallpox
among her Chinese passengers. She was
ed health certificate wherein, after the printed |
words 'tno person has died or been sick of |
disease on board my vessel during |
the last six months y was written 81 have hand |
ed pilot q letter of explanation to the Health |
officer of the port" The captain gave the pilot
a letter to the port physician and one to the
Minister of Foreign Affairs, the vessel having
been anchored outside the harbor at the cap
.ains request. The pilot delivered the letter to
the port physician in the channel, as he was
proceeding outside to the steamer. In both of
.hese letters Captain Bradley says he has small
oox on board and asks to be allowed to remove
,he Honolulu passengers to the quarantine sta
ion and put his vessel into quarantine and to
have 200 tons coal put the dock, before the
Madras should come alongside and then to have
t taken on board by her crew, and the freight
in the same manner.
The same day April 10th the Secretary of
Board of Health sent to Captain Bradley note
acknowledging receipt of his note-stating that
he Board of Health had met that day and had
passed resolution of which copy was
closed, and also that the Government was ready
% afford him every facility for assisting his ves-
Iel with coal, water and provisions and other
needed recruits, but that in view of his having
contagious disease on board, they cannot per.
nit him to land any passengers. The resolu-
powered its President to take such steps he
nay deem proper, and every necessary precau-
ion to avoid the risk of contagion and in conse-
Iuence to prevent the landing of any passen-
,ers from the steamer Madras"
On the 18th April Captain Bradley sends
etter to the Board of Health expressing his sur
,rise that the Board of Health should have
tated to the British Commissioner that they felt
dissatisfied with his having furnished false
certificate of Health denying that he had done
10 and that he had his ship anchored outside
md had sent for the Port Physician and fur
.ished him with faithful account of the condi-
ion of his ship. He apologies for some Ian
Juage used in letter written by him the
vening of the 10th as being under excitement |
md asks the Board of Health to reconsider
heir resolution and allow him to land the Hon
lulu passengers and offering to give a bond to
,ay their expenses while in quarantine. The
President CT the Board of Health replies the
9Th April to the effect that the Board of Health
ee no reason TO modify their resolution of the
9th inst. and decline to allow him to land any
who are unquestionably liable to in
roduce contagious disease into the country, /
ffering to supply him with recruits etc, The
anne day the President Of the Board of Health
informed Mr.. Davies, the British Vice Consul
nd agent of the vessel, that the Madras would
lot be allowed to land her passengers at all.
On 14th April T, 81, Davies & Co. agents of
be Madras applied to bring the ship under some
quarantine regulations such the law might
rovide, etc.
To this the President of the Board of Health
epIied under date of April 18th that ''tbe
teamer Madras may be regarded as in quaran.
inc, inasmuch as her commander has hoisted
be yellow flag by order of the Port Physician
nd the vessel remains at anchor in the road
tead of Honolulu which is made quarantine
round by statute and has been supplied with
ecessary recruits under quarantine surveil-
lnce," etc.