The Hawaiian gazette., 1904-12-09
WOULD END
SEGREGATION
System Of Forty Years
Attacked BY Law
Proceeding.
(From Thursdays Advertiser)

(From Thursdays Advertiser)
C. w. Ashford yesterday filed the
petition of Emma l.. Kaipu for a writ
of habeas corpus in behalf of her
mother. Mikala Kaipu. to secure her
release from the custody of the Board
Judge Dole ordered process to issue, re-
turnable before him at 10 o'clock this
morning. The writ In directed to L.
e. Pinkham, President of the Board OF
Health, upon whom 1t was served by
F. L. Winter. ONCE Deputy Marshal.
Immediately after its issuance.
Mikala Kaipu, the subject OF the
petition, is stated by her daughter to
be OF the age of AZ years or thereabouts.
Her home Is at Lihue, island of Kau-
al, and she Is alleged to have been for
chilly and against her will arrested In
the city of Honolulu about two months
since taken Immediately to the re-
ceiving station and there ever since
confined. The petitioner represents
that she makes and verifies the petit
ton on behalf of her mother, for the
reason that her mother is closely con-
fined at the receiving station and I'M
able TO act for herself in the matter.
She alleges on her belief that she
would not be permitted by Pinxham
or his subordinates to visit the said
Mikala Kaipu, for the purpose of OBJ
tanning her signature to the petition,
and further that she fears that Pink
ham and his subordinates will forcibly
remove her mother from the island of
Oahu and transport her to the leper
colony at Molokai within q very few
hours from the date of the vertical
ton Of this petition unless he, the said
Pinkham, and his subordinates shall
be restrained from such action through
the medium of a writ of habeas corpus
| to be issued In this behalf for the
production of said Mikala In court"
| 1t is declared by the petitioner, on
information given by her mother. from
which and from personal inspection
and observation she believes, that her
i said mother Is not in fact afflicted
with the disease of leprosy, and is not
a leper. and Is not and never has been
legally subject to condemnation and
transportation as a leper, even though
the pretended laws, rules and reguia-
tions in that behalf, now generally in
force in the Territory of Hawaii were
and are constituted and otherwise
valid in point of law
Thus far the complaint is & specific
one regarding the subject individually.
but what appears in portions of the
petition quoted below is an attack upon
the system Of segregation of lepers fol-
lowed, more or less strictly, In these
islands for about forty years past. In
the sixth clause of the petition It is
declared:
THAT petitioners said mother has
never been publicly or otherwise legal
| ly placed upon trial or examination to
ascertain the fact whether or not she
is so afflicted with leprosy or Is a
leper, and has never been accorded
nor has this petitioner, as her daugh-
/ ter and protector. nor has any other
person on her behalf ever been accord
ed--any notice of any proposed hear
ing or examination Of or into ouch fact,
or any opportunity to produce evil
dence, either scientific or otherwise, in
her behalf as to the fact of her be-
ing leprous and otherwise"
I Then allegations already noted are
made, followed by the tenth clause.
thus:
And your petitioner further repre-
sents that she is advised and believes
that said arrest, imprisonment and de-
tention of said Mikala, as well as her
proposed and impending removal and
transportation to said leper colony is
and are unwarranted by any valid
statute, rule, regulation or ordinance
existing in the premises and that the
same have at all times been and are
now unwarranted in law, and were and
are contrary to the rights of her, the
said Mikala, under the Constitution of
the United States, and that the said
arrest, detention and threatened trans
portation of this petitioners said
mother Is and are contrary to, and in
violation of the rights of this petition
er as the daughter and natural protec-
tor of her said mother under the law
and the Constitution of the United
States"
The prayer of the petition Is to have
the body of Mikala Kaipu produced be-
fore the court, and then the court ito
inquire into the legality of the de-
tention of her the said Mikala Kaipu
and further do and procure to be done
whatsoever the law and the rights of
parties herein shall warrant"
The system of consigning persons to
the Settlement in vogue Is, In brief, as
follows; First, period of probation
at the Kalihi receiving station under
medical surveillance. Second a final
examination and verdict by a board
OF physicians, the finding to be sub
mitted to the Board of Health for ap-
prevail, 1t is in fact much stricter
and more scientific system than that
under which persons are COM
mitted to the insane asylum.
SPRAINED ANKLE, STIFF NECK.