Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-10-28
DOLt ILLS VI htNA(t.
hGL0KAl VOTERS WOULD BE
A DANGER IF UNIAUGH1
INMATES OF SETTLEMENT OUGHT
TO KEEP IN TOUCH WITH Po.
LiricAL ISSUES OF
THE DAY.


Several hundred voters at the Mo.
lokal settlement, says Federal Judge
Dole in deciding that political Candi.
dates may visit Kalaupapa to deliver
campaign speeches, might become a
menace to public interests from tx.
norance. from want Of touch with the
rest of the community, II the settle
| ment were shut off from the rest OF
he Islands and campaigning there
was not permitted.
Following are extracts from the de
cision:
do not consider that the charge Of
/ partizanship on the part OF the Board
IF Health and want of good faith Is
! especially pertinent to tho issue in
this case. Ii the Board of Health. act.
ing in perfect good faith. oycrstcp
their authority. It Is just as much a
right in a Federal Court to interfere
as If they had overstepped their ab
thorlty in bad faith, and feel a. If |
could leave out the allegations OF 20.
litical animus. In my mind. the case
has narrowed down to the matter of
the complainant's right to conduct his
campaign before the voters OF the set.
! Element as well as In other places. and
F! It is only proper for an injunction. Il
Il Is at all. In that Il is his business
which he has adopted.-thc enterprise
Of becoming a candidate for an Office
which pays an adequate salary and
emoluments OF other kinds II is only
in that Il becomes an interest, bust.
ness interest, that It can be considered
by this court. and think that that
brings Il within the class OF cases for
which injunCtions may Issue.
Congress has given to the inmates
Of the settlement at Molokai the fran.
chlsc, just as any other American citi.
zens of the United States have It. This
inevitably implies the right to hold
meetings, to hear candidates. to dis.
cuss public matters, to be instructed
| by others, and to have an opportunity
OF intelligently making mp their minds
as to how they shall vote. This Is a
very important matter. Otherwise. IL
| the settlement Is TO be shut of from
the rest of these Islands. save only as
from letters and newspapers It might
be that the several hundred voters in
that locality would become menace
a danger to the public interests of
these islands from ignorance. from
want of touch with the rest of the
community. from want of instruction
as to the issues OF elections.
In regard to the power of the court.
as argued by the counsel for the Gov.
eminent. or Board of Health, my au.
thorltles, as well as those that have
| been referred to by Mr. Galbraith. II
seems to me very clearly fully recog.
niZe that authority. even In regard to
Boards Of Health. If a Board Is in
dlcial tribunal then II would seem to
be outside of the authority of a court
TO restrain II by injunction. but II II
Ia a ministerial Board 1t Is not so.
Whereas the Board OF Health has
provided stockadc surrounded by q
double fence. separated by a space of
eight or ten feet, near the landing. into
which they allow visitors who wish to
see their friends and communicate
with them and which makes Il per.
icCtly safe for such visitors, and the
danger of ContagiOn Is fully eliminat.
! ed. according to DR.. Cooper, there
must be no reason. on the ground OF
danger. why the close custody OF that
people should be carried so far as 70
deprive them of the satisfaction and
the benefit OF hearing candidates dis.
Cuss political matters pertinent to an
election In which they themselves are
going to take part. But the doctor
says the danger of contagion was not
the reason OF the refusal wi the Board
OF Health to allow the complainant In
this case to visit the settlement. but
II was because of the discomfort and
unrest which has been caused In the
past by visits of politicians and which
renders the administration OF the al.
fairs Of the settlement difficult for n
few months afterwards. think that
Is very true, and | think II Is diff.
Guilty which the Board OF Health are
reasonable in wanting to avoid. At
the same time. we must recognize that
the cause of that unrest Is the fact
that the franchise has been given Ia
the people OF the settlement. They
have the franchise and these other
things, the listening perhaps some
times, to foolish and unreasonable re
marks of candidates, are things that
so with 1t, and cannot be properly
shut on.