The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-02-02

japanese and have not been paid Tor
They were rsceiptei for By Jas
Wright. who was employed by some
one and IN some capacity on QUaran-
tine Island II appears that said
Wright had no steady anu regular
employment. either rom the Board af
Heakh or from any one else; that
when ships came into port ne did such
work as he could get TO do ar the
quarantine station. and at other times
did such work as he could get 10 do
from any source about the harbor-
There is no written correspondence
in regard to these bills prior 20 Aug
usr 3rd. 1900. The rice was ordered
by telephone Il does not definitely
appear who ordered II. At the time
Of the delivery CT the eight bass. Nr.
John D McEeIEh was in charge OF
the quarantine station. and had been
in charge OF il for several years. He
had subordinate. in the pay OF the
Board OF Health. by the name OF Hen
~ Brown. who assisted him and at
tended TO matters in his absence ~
the time of the delivery OF the thirty
bags. the machinery of the Board Of
Health was inadequate. owing 10 the
prevalence OF the plague, and mat
tiers were not looked after as syste-
maticaIly as in ordinary times. II had
been the custom or the Agent OF the
Board of Health in charge OF quar-
antine station TO order supplies from
Honolulu merchants and 10 collect
OF the ships bringing the persons n
quarantine and to paw the vendors
for said supplies. or deliver the money
paid therefor TO them. This custom
was in accordance with law.
The Agent of the Board Of Health
in charge of quarantine station re-
ceived his salary from the Board I
Health. and also at times. per diem
for services rendered to ships. Hack
field & Co. at the time of the delivery
of said rice. understood that they
were selling the same on the credit
of the Board OF Health They charited
ii on fne day book 10 quarantine sta
ton. as was their custom. and. pur-
suant 10 general instructions from
the Agent in charge of said station
noted the name of the ship bringing
passengers who were 10 use it. and
also Kishimoto. who was a contractor
| for boarding Japanese immigrants
Hackfeld & Co. claim that they rem
dered the bill of Dec. sth 70 Mr.. Nc
| Weigh. and the bill of Feb. 22nd TO
Mr.. C. B. Reynolds These bills can
not now be found among the Board of
Health bills. although many other bills
receipted of about the same date BY
q ~ - - II l.. y
| for supplies for quarantine station.
/ are now in possession of said Board.
| At the time when this rice was de-
Iivered. and until the going into effect
/ of the Organic Act. June 18th. 1900.
! the Board of Health and its agents
! had power to establish and maintain
| the quarantine station where this rice
was used. TO make and enforce such
| regulations relating thereto as the
| public health and safety required. and
| had full control thereof. land all eX-
| penses incurred on account of any per
| son. vessel or goods under my quar-
| antine regulations were to be paid by
| such person. vessel or owner of such
vessel or goods. respectively The
| Board had the right to collect directly
| from the ships and ship owners all ex-
| penses of quarantine. II does not ap-
| pear that said amounts in dispute
| were collected from the ships or ship
! owners liable to the Board.
The foregoing statement of facts is
understood to be correct by both Mr..
| Mr. Atkinson and Mr. Reynolds. and
| appears to include substantially all
thev have been able to learn in re-
c. hoe
elapsed that business transacted by
telephone especially in time of plague
has boone indistinct. Hackfeld & Co.
furnished this rice on the orders of
the persons who were servants of the
Board of Health. whether acting as
such ar the time or not The rice
was delivered. was eaten, and has not
been paid for.
find from the undisputed facts that
if the Board of Health had been a pri-
vste business house or CORPORATION.
Hackfeld & Co. would have been jus
tilted in charging the rice to the Board
of Health on the apparent authority
of its agents. the general rule of law
being that a principal is bound by the
acts of his agent within the scoDe
of the authority apparently
given to the agent IF this claim were
against private individual. partner
shin or corporation. there could be-
7 think. no question in regard to the
liability. The rule of law in regard
to governmental agents is different
a government or a department of a
government is bound only bv such
acts as the agent does within the &C
tual scope of his authority. govern
ment can act only by agents and the
public who deal with II are bound to
know the authority and mowers of such
agents. This is the on1v fair and rea-
sonable defense to the Hackfeld claim
that can see.
But | doubt If this defense applies.
The statute law of the Republic of
Hawaii in force at that time made il |
the duty of the Board of Health TO |
the people who ate the rice |
TO provide food for them while in /
quarantine. and to collect all expenses
from the shiDs or the ship owners that |
brought them here.
Under all circumstances 7 think l
there is scarcely anv douhr that a /
iury would find in favor of the claim.