The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-10

w VI ms loI abatement OF the nuisance
These decisions covered the othe
matters so far as immediate action wa
necessary.
MALULANI HOSPITAL.
Certain rules prepared by the trustee
Of the Maluiani hospital, wailuku, re
ferred to the medical members of tn
Board with power to amend the rules
DR.. Cooper objected to the omission @
DR.. Armitage from the list of visiting
physicians. Mr.. Winston objected t
the exclusion of patients suffering from
delirium tremens.
ALULI ExPoUNDs LAW.
A legal opinion in regard to cemete.
ries, prepared by Noah T. Aluli of the
Attorney Generals office, was read
1t quotes the laws relating to the
Board of Health and the Boards regu-
lations in reference to cemeteries.
Answering the first question, the au-
thor of the opinion says the Board car
established rules regulating the burial
of dead bodies
Yes, it has very broad powers" he
writes, ''but should be used with res
poets to private rights
AS to whether the law of common
nuisance may be invoked, Mr.. Alul
says:
rs it not endangering to personal
safety or health? Is it not offensive
annoying or vexatious, and plainly
hurtful to the public? Is it not an
outrage against common decency? Is
it not in direct violation of good NOR
ais, to expose collins and the dead,
causing bad odor and also running
chances of spreading microbes of con-
tagious diseases? There can be but
one answer to the above queries Ger
tainly.'
Mr. Aluli quotes authorities UPON
which he comments thus:
1.-THE above cases and authorities are
not directly in point with the one I'M
der consideration and, in summing UP,
due consideration should be paid to
the lawfulness of the deed or act and
the authority duly given to the party
by the Board of Health.
"A party received permission from
the Board of Health to bury a dead
person at the Kawaiahao cemetery
where it is already full Under such
an authority the party in digging the
hole and without the least idea of
molesting the dead, exposes and breaks
open collins, causing stencil, or whilst
so digging, happens, as the case might
be, to strike dirt that miNht be in
fected with microbes of the worst
kind of a plague, if it should so hap
pen that a person inflicted with plague
was buried there
rs the party guilty of a misdeme-
amor because of digging the hole?
Surely not. Is the party guilty of COM
mon nuisance because he exposed cof-
fins and decomposed bodies? Surely
not, the party having received the au-
thority to dig the hole from the Board
of Health. Will the party be guilty
if it resulted in spreading of the mi
crobes of the most horrible disease?
No jury in the country would convict
To the second Question-Ans. Under
the circumstances. it is not a common
nuisance; but good results might fol-
low if arrests are made.
ut must be admitted in this matter.
that in the performance of Christian
duty, lawful in all respects, great
harm might result. How are then
the evils that might happen as above
be delt with? The Board
of Health acting judiciously under and
within the aforementioned sections
can no doubt make means and ways of
stopping the burrying of the dead in
where it is already crowd
ed
PROPOSED NEW CEMETERY.
A. L. Perry wrote to DIR. Cooper as
follows:
II hereby request that a permit be
granted to me to open a cemetery at
Kalihi, at the upper portion of Kaiu-
lani tract; place 1 believe was ap-
proved by Mr.. Tracy, as an officer OF
the Board of Health, as a suitable
place for a cemetery"
Mr. Tracy disavowed having given
the advice attributed to him, and the
matter was referred to DR.. Mays, Mr..
Robinson and the president as COM
mittee.
PEsTILENCE IN ORIENT.
Dr. L. E. Golfer, chief quarantine Of
ficer, reported the health conditions in
the Orient as follows: