The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-13
FOR. DIPLOMACY BEFORE
PROTEST AND MEETING
Committee in Father WendeIn Matter Decides
Upon Course Which May
Win Point.

further agreed then that the superin-
tendent should be a resident not a man
~hO would stay there a short time and
then come here and spend a portion
OF the time. He said with impressive
speech: II maintain that so long as
there Is one Catholic at the settlement
the bishop has fun power 10 appoint a
spiritual guardian" and the applause
was loud. He said further that there
were TWO things TO be considered. the
legal phases and the raising of public
opinion. and he said he had been ap-
preached by men who said they were
willing To work for this good. honest
and Just cause. There was nothing fur
ther TO be done and the meeting adj
journed.
The Board OF Health yesterday gave
out the following. being the letter OF
the board 10 Bishop Gulstan. when he
refused 10 recall Father wendelin:
Honolulu. T. H.. May I. 1907
TT. Rev. Rupert Gulstan. Bishop OF
Panopolis. Honolulu.
TT Rev. Sir:-In answer to your
communication of the 30th day of April
1902. the board having taken the same
under consideration at a board meet
ing held on the 9Th day of May. 1902. in
Honolulu, beg TO submit the following
points:
The board having determined that
the welfare and harmony of the Ieper
settlement would be promoted by the
removal OF Father Wendelin has not.
out of courtesy TO the Catholic mission
and In appreciation OF the good the
mission IS doing generally at the settle
nieEt. exercised its own power OF re-
moval. but has requested yourself the
superior of Father wenGelin, to do So
IN answer To the request you have re-
fused To remove Father Wendelin. who
is persona non grata To the board.
The board is therefore driven to the
only remaining alternative. the exer-
else of its own powers
This would end the matter were IL
not that you have made certain state
meats in your letter which ought To be
answered. lest grave and serious mis-
understandings and uncertainties fol-
low hereafter.
IL should be clearly pointed out
therefore that the Board of Health has
been. is. and continues to be. the sole
Judge OF what is for the harmony and
good government OF the settlement.
and Is amenable in Its actions only To
the Governor and the Legislature OF
the Territory. and to no other superior.
BY law the board is invested with
very wide and complete power over ev-
cry person at the settlement. with good
reason. too. for IL. under any circum-
stances whatsoever. such power may
be put in issue. the object OF the settle
ment. segregation. is defeated. II any
person. FOR any reason whatsoever. at
any time or under any considerations.
can say to the Board OF Health. You
cannot exercise this power in this
case" the power OF the board to en-
force complete segregation Is defeated.
The statute therefore wisely provides:
NO person. not being leper. shall
be 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 Of the
board or some officer authorized there
- by the Board OF Health. under any
circumstance whatever. or any person
fourd upon such land. place or en-
closure. without>a written permission.
shall. upon conviction thereof before
any district magistrate, be fined in a
sum not less than ten nor more than
one hundred dollars for such offense,
and I'm default of payment TO be i'm
priscned at hard labor until the fine
and costs OF court are discharged in
due course of law" T.. l.. Sec. s92.
Not only is the board vested with
discretion and authority. but the stat
ute Is so explicit and the charge OF
such nature that the board can in
no manner waive either the discretion
or authority or means of carrying out
the game.
You state in your letter that you
have been permitted" to establish
mission at the settlement, a church, !
school and residence buildings, and to
send teachers and preachers there. The
TACT you are permitted seems TO be
only partially understood. 1t should
be pointed out therefore that the Cath |
Ole mission can never get away from |
the fact that IL is permitted; that
II cannot acquire any right except sub |
ject TO permission. and also that there |
can be but one authority at the settle |
Of he ar-F,r1 s2rlf
OF the Territory of Hawaii. Any en- |
Croachment OF this authority. or upon |
the boards control OF the settlement |
and property, however slight. should be |
met by measures on the part OF the /
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 without 4
charges. Can you make yourself the |
Father Wendelin? We submit not |
Such would be an interference with /
our discretion which We believe you /
surely would not seriously contemplate. /
1t is sufficient IL the board states to
You that your subordinate is no longer /
q desirable person at the settlement 4
from the standpoint OF the Board OF
Health. Upon such statement il is
then a matter OF your own choice
whether YOU viii or will not accede to
the boards request.
Before the board. is Father Wendelin
entitled to have charges preferred and
proven He is not an employe OF the
board. nor Is he q kokua at the settle
ment. BY tho statute kokuas may only
be persons who are husbands or wives
Of lepers segregated at Kalaupapa. +.
L.. $50. lie is simply a person allowed
20 visit and remain at the settlement
Just so long as his residence there Is
acceptable TO the board. and in their
oniriou conducive To the welfare OF the
settlement.
In this case the conclusions and acts
~ the boz d as to dismissal are with
in authority. conclusive. hnal and lie
....l. md moreover. az. Technically and