The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-12-02
T H f
STREET CLEANING.

The street cleaning order of the ROAD
Supervisor, to which we alluded yester
day, continues to attract attention. In
deed it formed the main topic of CONVEX
sation yesterday, and in no single in
stance was the expression OF opinion al
all in its favor. We have been informed
however, that there is a misapprehen.
sion abroad regarding the purpose OF
this order, but we are not in position tC
throw any more certain light upon it.
Referring to chapter 90, Session Laws
of 1886, We find certain provisions of Law
governing the point in question. This is
An Act to prevent the obstruction OF
the streets of Honolulu, Lahaina, Wal
luku, Kahului and Hilo." Section 6 is
as follows: ''The Road Supervisor
shall notify any person who shall have
placed, left or deposited any substance
or material contrary to the provisions of
the first section of this Act, or who shall
have hung, suspended, placed, con-
structed or permitted to grow, any pro-
lection or article contrary to the second
section Of this Act, to remove the same,
and the person so notified shall forfeit
and pay penalty of S. for every twenty
four hours that the same shall remain
alter such notice shall have been given. -
Referring to section ! we find the fol-
lowing provision: mo person shall place,
leave or deposit in any street, lane or
alley, or upon any side or cross walk, or
or upon any public wharf in the city of
Honolulu any goods, wares,
or merchandise, or any substance or
material whatever, except as hereinafter
permitted" Section 2 has reference to
street signs, awnings, etc. Now, it ap-
pears that the law requires individual
notice to be given by the Road Super
visor to persons placing any material or
substance upon public thoroughfares,
and we doubt whether the general no
tice- already given by that officer is suf-
hclent. 1t certainly does not conform to
the precise wording of the Act, although
it may have been issued under section
10 which reads: eff any person who
shall have received the notice provided
in section of this Act shall not comply
with such notice for the space of twenty
four hours, the Road Supervisor may re-
move the obstruction at the expense of
such person, and such person shall be
liable for the cost of such removal in adj
dltion to the penalty provided in such
action" lquOted above.
As we read the law, therefore, it is the
person who deposits any rubbish or ma
terial upon any thoroughfare who is re-
sponsible for it's removal. and not tho
owner of the adjacent property as CON
templated by the official notification.
OF course employers are responsible for
the acts of their servants when proceeding
under their authority, but it is very easy
TO imagine case where rubbish NAV be
dumped opposite a mans premises bv
day or night without his knowledge or
authority, and to hold him responsible
in such a case would be doing him an in
justice which the law does not contem-
plate.
But apart from the mere technical
point raised above, there is a very i'm
portant sanitary question, and one to
which we invite the attention OF the
Board OF Health. \ great many small
stOrekeepers and householders will sim
ply conceal the waste of their kitchens
and sweepings if they are compelled to
pay for its removal, and in this way filth
and uncleanliness will accumulate.
threatening the health of the community.
Thanks TO the vigilance of the officers OF
the Board of Health, and to the purifying
influences of the fire and sunshine, a /
high general average of health has been /
established, but it will not be possible TO /!
maintain it for long if the present method .
OF scavenging be abandoned wholly or in /
part. This is really the serious side of /
the whole question. The great fire de-
stroyed the general nuisance of the old
Chinese quarter, and thus accomplished
more for the sanitation OF the city in
few hours than could have been effected
by any possible exercise of legal author
ty. Do not let us therefore take a back
ward step and create fostering nuisances
I'll over the city where none at present
Exists. 1t is possible that this is not con-
emplated by the official notice, but such
5 its plain reading, and it is so under
TODD by the community.