The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-07-27
THE ATTORNEY-GENERAL is
HEARD FROM.
Mr.. Smith Discusses the Letter of I
o. Carter and Throws Light on
the Leper Expedition.

In that sad affair the Board of
Health and its agent, Mr.. L. II. Stolz,
were responsible up to the time MIR.
Stolz was murdered After that the
Government took steps to apprehend
the murderer, and (upon a warrant
sworn out by an agent of the boardD to
arrest the lepers
The duty and power to remove
lepers is vested by law in the Board of
Health, and is stated in Section 3 of
the Act passed January 3, 1865 (see
Compiled Laws, page 52D, 1t reads :
"Section 8. The Board of Health, or
its agents, are authorized and en-
powered to cause to be isolated and
confined, in some place or places for
that purpose provided, all leprous pa
tients who shall be deemed capable of
spreading the disease of leprosy and
it shall be the duty of every police and
district justice, when properly applied
to for that purpose by the Board of
Health, or its authorized agents, to
cause to be arrested and delivered to
the Board of Health, or its agents, any
person alleged to be leper, within the
jurisdiction of such police or district
justice and it shall be the duty of the
Marshal of the Hawaiian Islands and
his deputies, and of the police officers,
to assist in securing the conveyance of
any person SO arrested, to such place as
the Board Of Health, or its agents, may
direct, in order that such person may
be subjected to medical inspection, and
thereafter to assist in removing such
pers on to place of treatment, or iso-
lation, if SO required by the agents of
the Board of Health"
The whole power and authority to
segregate lepers is vested in the
Board and its agents; and the whole
matter is under the direction of the
Board and its agents.
Mr.. Stolz, as agent of the Board, first
called attention to the matter. AS such
agent, he was first requested to obtain
the information as to the number Of
lepers at kalalau; and next to go there
and seek to persuade them to go to
Molokai; and finally he went again as
such agent to try to remove certain
ones who had not consented, at the
previous visit, TO come. He had nc
warrant of arrest, nor any authority eX-
cepting as an agent Of the Board
Previous to going to Kalalau he had
been agent only for the district o.
Waimea, but at his request, he was
commissioned as agent for Waimea
Kalalau and Niihau. This appoint
ment was discussed and authorized at
a meeting of the Board at which Mr.
Carter was present; and for the special
purpose of dealing with the Kalalal
and Nihau lepers.
The board, Mr.. Carter concurring
had arranged that Mr.. Reynolds, it:
executive officer, should assist Mr..
Stolz; but Mr. Stolz objecting because
he thought the presence Of stranger
might arouse opposition), | told him al
the interview with the Marshal that Mr.
Reynolds need not 60 l afterwarc
reported this action to the board, anc
it was approved.
In authorizing steps 10 be taken tc
remove the Kalalau lepers, all the
members of the board were response
Bile, although the one who urged the
action most strongly WAS Mr.. Carter,
do not wish to shrink any responsible
ity that fairly belongs to me, but the
other members, and the executive officer
the Secretary, Mr.. tombstone, and DIR
Howard, who were present at thu
meeting. will attest to the fact that
opposed the measure. After brief,
interviewing the history of the relations
of the Board and of the Legislature t.
the question of removing these people
and how they had been allowed to re
main there number of years, OBJ
jected on the grounds of the DANCE
involved, the expense and the mex
pedency Of agitating the subject ii
view of the present state of public
affairs.
The discussion provoked some
warmth, and finally, upon my sugges
ton that more information as to thu
number and condition of the peopl
there, be obtained before we took step
to remove them, a vote in favor c
their removal was taken.
At one time during the discussion
Mr.. Carter suggested that | confer wit
my colleagues of the Executive Counci
upon the subject; but, after the sug
gestion was made about obtainin
further information and seeking t
persuade them to come, nothing NOR
at any time was said about such cor
ference, although the matter was unde
discussion at several meetings.
Mr.. Carriers statement, in his lette
that "the Board of Health was pow
erless to act without the assistance {
the police" is incorrect and mislead
ing, the impression sought to be give
being that l, as Attorney General an
at the head of the Police Department
was solely responsible Every step
took, after the original vote, was at tn
instance OF with the approval of MI
Carter and the other members of tn
board.
In view of the facts, which ar
known to all the members of the boarc