The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-31

dents in the roof, the patients fright
ened at the noises, and the rocks flying
all about AS a member of the Board
of Health I can see no other way to do
than to stop the annoyance from the
quarries and crusher.''
Mr.. Aud: Il can hear the noises
from the blasts at my house long
way off, and it seems to me that the
patients at the hospital. who are in
close proximity, should not be made
to bear all that distress. They often
become nervous, and the inceSSant
noises are enough to weaken a man of
even strong nerves. The noises should
be stopped, if not in one way then in
another"
Upon motion of DIR. Moore, seconded
by Mr.. Smith, the following resolution
was unanimously adopted:
Resolved, That the secretary be in
structed to write to the Superintendent
of Public Works and notify him that
the using of the rock crusher, and
blasting at the quarry, is a common
nuisance, and is in defiance of section
142 of the Penal Code, coming under the
head of intoIerab BILE noises. And that it
is the opinion of the present superin
tendent of the lunatic asylum, as well
as of former superintendent, that the
noises are detrimental tf the health of
the patients, marked exaggeration of
their symptoms having been noted in
many cases. Such being the.-ease the
Board of Health must resTsrSully re-
quest the Superintendent - Public
Works to Immediately disc htinue both
the blasting and the opera ion of the
stone-crusher."
The secretary was also Instructed to
send to superintendent Boyd copy of
the section referring to common nui-
sances. of which the following are the
pertinent parts:
The offense of common nuisance is the
endangering of the public personal safe
ty or health, or doing, causing or per-
hitting, maintaining or continuing what
is offensive or annoying and vexatious
or plainly hurtful to the public.
AS, for example, the carrying on a trade,
manufacture or business in places so sit
uated that others Unfortunately, who
reside in the vicinity, or pass the high
way or public place or resort to a school
house, meeting house, or any other place
of legal and usual resort or assembly. or
liable to be thereby injured. annoyed, dis
turbed or endangered by deleterious ex-
halation. noisome vapors, hideous, alarm
ing OF disgusting sights, intolerable noise
or otherwise.
The Board thereupon adjourned, and
Secretary Charlock Immediately COM
piled with the instructions of the meet
ing, and wrote and sent the letter to
Mr.. Boyd. What the latter will do in
the premises is extremely problemati-
cal. AS he has not received the letter
yet he of course can take no action,
and the whole matter may now be pre-
Sented to the Executive Council. AS
there are no funds with which to obey
the request of the Board of Health, the
stone-crusher could not be removed in
any event, unless some other arrange
ment should be made. The Board Is
determined to free the patients from the
annoyance Of the blasts and flying
stones. as it is believed that all chances
OF recovery are precluded by the prox-
unity of the crusher. 1t would cost in
the neighborhood of 100000 to remove
the hospital. so that seems even more
impossible. 1t is intimated that ufflesss
the order OF the Board to cease opera
lions Is obeyed, other steps may be
taken and proceedings begun on the
ground that the crusher is a common
nuisance within the meaning of the
statute as quoted above. In that event
an injunction to prevent it's operation
may be asked. 1t is hoped by the
members that the trouble may be set
tied without recourse to further pro-
ceedings, and that the request sent to
superintendent Boyd will be observed.