The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-12


fnHnruif iiUuoiulu
lff fift tf Do nnHNrf fH tuuf
communication "a tns 'Nih Hat H AHfh
lsg ihe tahfi haNnN ialrN thr saHt
uHf.i consideration OIL o. hUHfI meet
Hnf hUId uu thr th dnf III Sos iHl in
Honolulu. be to submit che tllioWins
fi.HntH
T'hs board hayiur detrnmn.A that
thp welfare ana hulWNnN m ihr lrla'f
settlement would b. ifnWNlFA hN she
removal off Fathtf MrndnlIn has uUi
uut f Uauftrss to tht catholic miHsiun
and u appreciation ~ the good she
mission lH duinF uuuufnliN "a tho settle
nrnt exercised hs own power ~ rr-
tnuAHl but has requested yourself. the
superior ~ Father MyndVhu. Go do Fo.
Jon uuFN e. g. the Request Nuu have re-
fused to remove Father M.ndciln who
b. "a persona non Erata 90 the board
The board h. therefore driven o. the
only remaining alternative the cNcr-
else of its own powers
This would cnd the matter were %
mot that you have made certain state
urats Boz you~ letter which ought to be-
aHawerpd. ltst graNc and serious mis-
understandings ana uncertainties fol-
low hereafter.
n should be clearly pointed out
therefore that the Board of Health has
been. In. ana continues To- DE-. the sole
judge of what is Tor the harmony aud
good government ~ the settlement.
and Is amenablc In its actions only 60
the Governor and the Legislature Of
the Territory, ana to no other superior.
Bys law the board In invested with a
very wide and complete power over eN-
cry person AT the settlement. with good
reason, too for ~, under any circum-
[ stances whatsoever such power may
/ be put in Issue. the object of the settle
meut, segregation. IL defeated, IL any
person, for any reason whatsoever. at
any time or under any considerations.
, can say 10 the Board OF Health, You
cannot exercise this power In this
case" the power of the board to en-
| force complete segregation ~ defeated
| The statute therefore wisely provides.
mo person, not being a lcper. shall
3 De allowed 10 visit ar remain upon any
land. place or enclosure set apart by
/ the Board of Health for isolation and
confinement OF lepers without the writ
ten permission OF the President uf the
board OF some officer authorized there
! 10 by the Board OF Health. under any
I circumstances whatever, or any person
1 found upon such land, place or en-
/ closure, without a written permission.
shall. upon conviction thereof before
any district magistrate. he fined In "A
sum not less than ten nor more than
one hundred dollars for such offense.
and In default of payment to be Inn
prisoned at hard labor until the fine
and costs Of court are discharged In
due course OF law" y. L.. Sec. 1892.
Not only IL the board vested with
discretion and authority. but the stat
ute Is SO explicit and the charge Of
such a nature that the board can In
no manner waive either the discretion
or authority or means OF carrying out
the same.
You state in your letter that you
have been permitted" to establish q
mission at the settlement. a church
school and residence buildings, and tc
send teachers and preachers there. TIL,
fact you are permitted" seems to b.
only partially understood. 1t should
! be pointed out therefore that the Cath
Ole mission can never get away from
the fact that 1t Is permitted" thai
= 1t cannot acquire any right except sub
. Ject to permission, and also that there
can be but one authority at the settle
ment the authority of the government
of the Territory OF Hawaii. Any en-
:, croachment of this authority, or upof
the boards control of the settlement
I and property, however slight. should b'
. met by measures on the part of tn,
, government and the Board of Health
conformable to the nature importance
and insistence of such encroachment
You contend that we cannot ask you
: TO remove Father Wendelin withou
charges. Can you make yourself thu
e judge OF whether we ought to dismiss
' Father Wendelin? We submit not
z Such would be an Interference Will
5 our discretion which we believe yo
\ surely would not seriously ,Dntemplatt
1t is sufficient IL the board states I
. you that your subordinate Is no longe
n desirable person at the settlemen
from the standpoint of the Board o
y Health. Upon such statement it
q . 49,. . oh. oil
y whether you will or Will not accede {
: the boards request.
Before the board. Is Father Wendell
q entitled to have charges preferred an
:, proven? He is not an employe Of tn
= board. nor Is he a kokua at the settle
, ment. BY the statute kokuas may onl
be persons who are husbands or wive
e of lepers segregated at Kalaupapa. /
= L., $50. He is simply a person above
e to visit and remain at the settlemer
e just so long as his residence there
n acceptable to the board, and In the
=, opinion conducive to the welfare of Il
settlement.
e. In this case the conclusions and act
J. of the board as to dismissal are with
In authority. conclusive, final and Il
n gal: and. moreover, are technically An
ID morally In conformity with the RI
n sponsbility Of the board In the go,
= eminent and control of the lepers pla'
10 ed under its charge and with the dut
- to raise and ameliorate their condition
IA Otherwise, persons with the best Of ir
iention, with the sincerest OF conyl'
At lions. technically combining themsely'
Sc within the sphere of their own dutie
It. aud honestly striving to better the
L condition, yet creating perhaps uncoi
or sciously and involuntarily an infiuen'
= impairing harmony and good govern
= ment are out Of the reach OF tho
- whose business and duty 1t Is to wat,
20 and fare for that harmony and go,
ne government.
as Father Wendelin IL a volunteer in
n work which calls for "A great deal
IN self -denial. restraint and nobility
1T purpose. Nevertheless 1t is not by tn
.s self-denial. restraint and nobility
purpose that he must be judged, but !
" the effect of his work. Persons of Il
~ best of intentions are capable OF doir
40 harm though perhaps they do not met
on TO- So IL IL that the hoard did not al