The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1897-05-25
TWAS NECESSITY
Call for Appropriation in Kilai
MaTu Affair.
ACTION OF COUNCIL OF STATE
Puts Government in
Queer Position.
Private Contribution Not Proper
Attorney General Smith
Writes.

be misrepresentation or want of infor-
nation in regard to the circumstances
which led the Executive Council to re
quest the Council of State to appropri-
ate money to defray the quarantine,
expenses recently incurred, it seems
proper that the public should be more
fully informed upon the subject.
The steamship Kinai Maru arrived at
Honolulu on April 9Th with 6S2 immi-
grants. Two days after the immigrants
were landed at the quarantine station
smallpox broke out among them The
measures which are usually taken in
such cases were at once enforced; the
sick were removed to the hospital
building; the effects of the people were
again disinfected, a strict guard main
tanned, and the people were all in
spected twice each day.
On the 18th of April 543 of the i'm
migrants, who had come in violation of
the Hawaiian immigration laws, and
had been ordered home, were returned
to the ship, and sailed the next day.
Before the period of quarantine of
the remaining immigrants had expired
another case of smallpox appeared
which necessitated a repetition of the
steps taken in the first instance-re-
disinfecting of clothing, etc, and a
further quarantine of IS days.
Fortunately, no further cases of
smallpox occurred, and on May 18th
the well people were released.
All this involved large expense for
guards, labor, provisions, medical at
tendance, etc, amounting to nearly
$4,000. 1t was this amount that the
Council of State was requested to ap-
propriate under the article of the
Constitution, which provides that:
THE Council of State may, upon re
quest of the Executive Council appro-
pirate public moneys, when, during the
time intervening between the sessions
of the Legislature, the emergencies of
war. invasion. rebellion, pestilence or
other great public necessity shall
arise
The appropriation for quarantine
expenses made by the Legislature was
sufficient for the ordinary running ex-
penses of the quarantine station, such
as repairs of buildings, furniture, wa
ter pipes. rents. ETC., and the balance
remaining of that appropriation was
required for the usual expenses for the
remainder of the period. The expenses
of quarantining passengers are paid
by the ship which brings them. 1t is
the practice to require a bond of re
spOnsible parties, resident here, on be-
half of the ship TO secure such pay
ment, and as soon as the quarantine is
ended and the total expense ascer-
tanned, to collect the amount and pay
the guards and the parties who have
furnished supplies.
In the case of the Kinai Maru no
agents or other persons of RESPONSE
bility could be found to furnish a bond.
The master of the ship was without
sufficient funds, and he was unable to
obtain them here. It was important
that the laws, which had been violated,
be enforced, and the immigrants who
had been refused entry into the coun-
try be taken home; it was uncertain
how long the quarantine of the remain
ing passengers would have to be main
tanned; the amount of the expenses of
quarantine, and total liability of the
ship could not be ascertained until the
final termination of the quarantine.
Other remedies having been exhaust
ed, it was decided to take bond from
the master of the ship in the nature
of bottomry bond, and allow her to
return, taking with her the 549 well
passengers who had been ordered
home.
The Executive Council considered
that the circumstances of the case jus
tilted an appropriation under the pro-
vision for "an emergency -. of pes
thence or other great public necessity"
The necessity was the same as when
cholera was introduced. The pestilence
was here; and though small in extent,
it was only prevented from becoming
widespread by prompt action and the
enforcement of efficient measures. It
certainly was a great public neces-
sity''
But for the steps taken, loss of life,
much suffering, interruption of com
merce and great expense would have
followed.
The fact of the bond having been
taken does not relieve the Government
from the obligations which it incurred.
It is responsible to every guard en-
ployed, and every person from whom
supplies were obtained. 1t is hoped
that the owners of the ship are honor
able and responsible men, and will re-
imburse the Government. But that
does not meet the obligations of the
public to the faithful men who, at
their peril, performed guard duty, or
pay the amounts due confiding trades
men, who furnished supplies.
This is not a case, as stated in the
columns of the Pacific Commercial Ad-
vertiser. in which ''the Government
asks for money with which to assume |
the obligations of a foreign steamship |
company"
The guards did not render service, |
nor did the tradesmen furnish supplies
to the steamship company, but to the
Government. They have no remedy
whatever against the steamship com
pany.
The returning of the rejected immi-
grants, was, under the circumstances,