The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-25
TO COMBAT
SMALLPOX
Mainland Reports
Stir Health
Board.
RECOMMENDS BILL
DRAWN BY Mr.. DOLE
Board Will Endeavor to Have
Federal Authorities Detain
Passengers Here.

President Raymond of the Board of
Health opened yesterdays meeting by
again bringing up the question of the
Boards power in dealing with incoming
mails and passengers to prevent the in
PRODUCTION of small pox into Honolulu.
He stated he had obtained an opinion
from Attorney-General Dole as to the
Boards right to detain passengers COM
ing from a port which has not been
officially declared infected. Mr.. Dole's
report read as follows:
I would suggest the propriety of rec
ommending legislation in the matter re-
ferred to me relative to the power of
the Board of Health to compel persons
to report daily for sanitary inspection
when danger is apprehended from small
pox or other dangerous contagious dis
eases.
I would say, however, that 1t is beyond
the power of the Legislature to confer
upon the Board of Health authority to
interfere with personal freedom of action
more than Is reasonably necessary to in
sure the public safety. I doubt If it is
possible to draft an Act which will go
further than the one submit herewith,
without its being open to constitutional
objections and virtually incapable of en-
forcement in the courts.
The president said it resolved itself
into the question discussed at the last
meeting as to whether the Board could
detain passengers from non-infected
ports, az the matter was within the
| Jurisdiction of the United States Ma
rine Hospital service. The last port be-
! ing clean port the Marine Hospital
authorities give a clean bill of health.
That being the case it was not within
the power of the local Board to detain
any person. OF course if ship arrives
in port with disease aboard, quarantine
measures can be taken.
what we want to do is to prevent
tire introduction of small pox into the
country" said DR.. Raymond. 1--WE can
go so far and no further. 1t seems to
me that the agents of the plantations
who have contracted for laborers, above
all others, should be induced to impose a
quarantine upon them. It is decidedly
for their interests to do so. If they
were willing to detain the vessel here
until the period of incubation had ex-
pred and permit us to fumigate the
passengers, it would be step In the
right direction. Technically we have
no right to insist upon it.
! "a Acknowledgement Dole has drawn
up a bill entitled AN Act to Prevent
the Spread of Small Pox and Other
Dangerous Communicable Diseases. AS
/ to It's chances for passing the Legisla-
ture I am not in a position to know.
/ Personally have my doubts as to
whether it will meet their approval. The
bill should pass by all means"
The bill which Mr. Dole has drawn
UP will be sent to the Legislature,
carrying a strong recommendation
from the Board Of Health, that for the
safety of the inhabitants of the Ha-
waiian Islands it is necessary that such
a law go into effect at the earliest pos
sible date The bill reads:
Be It Enacted by the Legislature of the
Territory of Hawaii.
Section /. That whenever any person
! in this Territory has been exposed to
infection from smallpox, bubonic plague,
cholera or any other dangerous commun-
icable disease and is likely to imperil
the public safety thereby, the Board or
Health shall have power from and after
such exposure and during the period or
the incubation of such disease, to re-
quire him to daily present himself for
examination by the inspector chosen for
that purpose; and in case such disease
should develop, such diseased person
shall be provided for according to exist
ing laws.
Sec q If any person willfully neglects
or refuses to comply with the provisions
of the foregoing section, he IS guilty OF
a misemeanor, and upon conviction there
Of shall be fined not exceeding $780,
Sec. 3. This Act shall take effect upon
publication.
Mr.. Dole said he did not know wheth-
err there was time to have the act pass
ed. He had tried to draw up an act
which he believed would stand a test
in the courts. Upon the motion of Dr.
Emerson. seconded by DR.. Cooper, the
Board accepted the bill, and will pre-
sent copies of the same to the Senate
and the House.
Statistics on small pox from the var
ious States were read. showing tha
the epidemic was on the increase In the
Western States, and especially In those
States through which the Porto RicaI
laborers were passing on their way e
Hawaii-namely Louisiana, Texas an'
81 California. The increase of small POI
in the latter State over the previous
report read last week was over 100 pc
cent, and the increase in other States
was gradual. The total figures for TN
:. United States for the previous weei
= We're 1896. and for the next week
:; 1884
DR.. Raymond further stated that s.
: far he had met with little encourage
= ment from the members of the Legls
:, lature. The Board had asked for Slo'oO
u for the appointment of additional IN
spectors for Honolulu and other towns
and about all the announcement ne re
ceived was a gentle request to trust Z
the future-"mahope." The legislator