The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-07-27
Letter From the Attorney General.

w uO IS huOCkGu OllU dlIeT dllf
Letter From the Attorney General.
EDITOR Bulletin
1t is with regret that feel obliged
to reply to Mr.. j. o. Carter's- letter
in this evenings BULLETIN relative
| to the action of the Board of Health
in the matter of the Kalalau lepers,
| for he has not stated the case fairly
or honestly.
In that sad affair the Board of
Health and it's agent, Mr.. l.. II.
Stolz, were responsible up to the
time Mr.. Stolz was murdered. After
that, the Government took steps to
apprehend the murderer, and upon
a warrant sworn out by an agent of
the Board), 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
of the Act passed January 3, 1865.
(See Compiled Laws, page 52l). 1t
reads: "Section 3. The Board of
Health, or its agents, are authorized
and empowered to cause to be iso-
lated and confined, in some place or
places for that purpose provided, all
leprous patients who shall be deem
ed 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
it's authorized agents, to cause to be
arrested and delivered to the Board
of Health, or it's agents, any person
alleged to be leper, within the
jurisdiction of such Police or Dis
trict Justice; and it shall be the duty
of the Marshal of the Hawaiian Isl
ands and his deputies, and of the
police officers, to ASSIST in securing
the conveyance of any person SO ar
rested, to such place as the Board Of
Health or its agents may direct, in
order that such person may be sub
jected to medical inspection, and
thereafter to assist in removing such
person to place of treatment, or
isolation, 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
t to obtain the information as to the
number of lepers at Kalalau; and
next to go there and seek to persu-
ade 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 no warrant
of arrest, nor any authority except
! ing as an agent Of the board. Pre-
vious to going to Kalalau he had
been agent only for the District OF
Waimea, but, at his request, he was
on the 18th day of May commission
ed as agent for Waimea, Kalalau
-, and Niihau. This appointment was
discussed and authorized at a meet
ing of the board, at which Mr.
Carter was present, aud for the spe-
= cial purpose of dealing with the Ka-
lalau and Niihau lepers.
The board, Mr.. Carter concurring,
: had arranged that Mr.. Reynolds, its
executive officer, should assist Mr.
Stolz, but Mr.. Stolz objecting (be,
cause he thought the presence of a
stranger might arouse opposition
) | told him, at the interview with the
, Marshal, that Mr.. Reynolds need
not 60. l afterwards reported thi:
action to the board, and it was ap
: proved.
: In authorizing steps to be taker
= to remove the Kalalau lepers all the
9 members of the board were respon
sible, although the one who urgec
the action most strongly was Mr.
Carter. l do not wish to shrink an,
responsibility that fairly belongs tt
o me, but the other members, and thu
executive officer, the Secretary, Mr.
q Johnstone and DR.. Howard, wh(
|. were present at the meeting, will at
j test to the fact that | opposed The
|. measure. After briefly interviewing
:, the history of the relations of tn
y board, and of the Legislature, to th'
question of removing those people
:. and how they had been allowed t.
|. remain there for number of years
G | objected on the grounds Of tn,
danger involved, the expense, ant
y the inexpediency of agitating thu
e subject in view of the present stat
a Of public affairs.
g The discussion provoked SOM
q warmth, and finally, upon my sug
gestion that more information, as t
L the number and condition of tn
r people there, be obtained before W.
took steps to remove them, vote il
favor of their removal was taken.
If At one time during the discussion
l. Mr.. Carter suggested that | confe
: with my colleagues of the Executiv
= Council upon the subject; but, afte
IS the suggestion was made abou
= obtaining further information AM
: seeking to persuade them to come
o nothing more at any time was salt
3 about such conference, although
a. the matter of removing the leper
4 was under discussion at severa
'f meetings.
J. Mr.. Carter's statement, in his let
y, ter, that "the Board of Health wa
is powerless to act without the assist