The Hawaiian gazette., 1901-04-26
TO COMBAT
SMALLPOX

ferrcd to me relative 60 the power OF
the Board OF Health TO compel persons
20 report daily for sanitary inspection
when danger s apprehendcd from small
pox or other dangerous contagious dis
cases
would say. however, that II 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. l doubt II 1t 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.
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:
The president said 1t resolved itself
into the question discussed at the last
meeting as to whether the Board could
detain passengers from non-infected
ports, as the matter was within the
jurisdiction of the United States Ma
rine Hospital service. The last port be-
ing a clean port the Marine Hospital
authorities give a clean bill of health.
That being the case 1t was not within
the power of the local Board to detain
any person. OF course, II a ship arrives
in port with disease aboard. quarantine
measures can be taken.
what we want to do Is to prevent
the 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
quarantine upon them. 1t is decidedly
for their interests to do so. If they
were willing to detain the vessel here
until the period of incubation had ex-
pired and permit us to fumigate the
passengers, it would be a step in the
right direction. Technically we have
no right to insist upon 1t.
Attorney General Dole has drawn
up bill entitled An Act to Prevent
the Spread of Small Pox and other
Dangerous Communicable Diseases AS
to it's chances for passing the Legsla- |
ture I am not in a position to know.
Personally l have my doubts as to
whether 1t 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 strong recommendation !
from the Board of Health, that for the ;
safety of the inhabitants of the Ha-
waiian Islands it is necessary that such
n law go into effect at the earliest pos
sible date The bill reads:
BE 1t Enacted by the Legislature OF the ,
Territory of Hawaii.
Section l. 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 OF
Health shall have power from and after
such exposure and during the period OF
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. 2. If any person willfully neglects
or refuses to comply with the provisions
of the foregoing section he is guilty OF
misemeanor. and upon convection there ,
of shall be fined not exceeding S5O
Sec. 3. This Act shall take effect upon
publication.
Mr. Dole said he did not know wheth-
er 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 DIR. Cooper. the
Board accepted the bill, and will pre-
sent copies of the same to the Senate Z
and the House.
Statistics on small pox from the var
ious States were read, showing that
the epidemic was on the increase In the
Western States, and especially in those
States through which the Porto Rican
laborers We're passing on their way to
Hawaii-namely Louisiana Texas and
California. The increase OF small poX
in the latter State over the previous
report read last week was over 100 per
cent, and the increase In other States
was gradual. The total figures for the
United States for the previous week
We're 11.946, and for the next week,
1884.
DR.. Raymond further stated that so
far he had met with little encourage ,
ment from the members OF the Legis-
lature. The Board had asked for $40. 900 ,
for the appointment of additional In ,
Epectors for Honolulu and other towns, ,
and about all the encouragement he re- ,
ceived was a gentle request to trust to
the future-"mahope." The legislators ,
finally wanted 10 make the amount !.
200, which would be but a drop in the
bucket, Increase In the number OF in ,
spectors, he said was very essential.
Dr. Cooper took exception 20 the ,
present method Of fumigatng the mails /.
while the troops from the transport I,
were allowed 10 come ashore and mlugle
with the people here, lie thought ,
conference between the Federal author
titles ana the Board should take place
DR.. Raymond said he had tried that
without success no far lie said the +,
Board had the power 20 interfere, tie I,
ala not think the fumlFatlon of the