The Hawaiian gazette., 1903-09-11

Works for abatement of the nuisance.
These decisions covered the other
matters so far as immediate action was
necessary.
MALULANI HOSPITAL.
certain rules prepared by the trustees
OF the Malulani hospital, wailuku. re-
ferred to the medical members of the
Board with power to amend the rules:
Dr. Cooper objected to the omission Of
DR.. Armitage from the list of visiting
physicians. Mr.. Winston objected to
the exclusion of patients suffering from
delirium tremens.
ALULI EXPoUNDs LAW.
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 can
established rules regulating the burial
of dead bodies.
Yes, 1t 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. Aluli
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 decencyo Is
it not in direct viola ton 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 uoon
which he comments thus:
THE above cases and authorities are
not directly in point with the one un-
der consideration and, in summing I'D.
due consideration should be caid 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
nolesting the dead, exposes and breaks
open collins, causing a stencil, or whilst
so digging, happens, as the case might
De, to strike dirt that miAht be in
.ected with microbes of the worst
<lnd of a plague, if it should so hap
zen that a person inflicted with plague.
vas buried there.
is the party guilty of a misdeme-
NOR because of digging the hole?"
surely not. Is the party guilty of COM
non nuisance because he exposed cof-
ms and decomposed bodies? Surely
lot the party having received the au-
hority to dig the hole from the Board
# Health. Will the party be guilty
1t resulted in spreading of the mi
robes of the most horrible disease?
No jury in the country would convict
he party under such circumstances.
m
he circumstances, it is not a common,
Nuisance; but good results might fol-
ow If arrests are made.
1T must be admitted in this matter.
hat in the performance of Christian
luty, lawful in all respects. great
larm might result How are then
he evils that might happen as above
mentioned be delt with? The Board
f Health acting judciously under and
within the aforementioned sections
an no doubt make means and ways of
topping the burrying of the dead in.
CEMETERIES where it is already crowd
d."
PROPOSED NEW CEMETERY.
A. L. Perry wrote to Dr. Cooper as
ollows:
Il hereby request that permit be
ranted to me to open a cemetery at.
ialihi, at the upper portion of Kaiu-
ami tract; a place l believe was ap-
roved by Mr.. Tracy, as an officer OF
he Board of Health, as a suitable
lace for a cemetery"
Mr.. Tracy disavowed having given
he advice attributed to him, and the
natter was referred to DR.. Mays, Mr.
and the president as a COM
littee.
PESTILENCE IN ORIENT.
DIR. l.. Il. Cofer, chief quarantine Of
tn