The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-22


mitted to segregation against her will.
Attorney General Andrews, at the
Board of Health meeting yesterday aft
ernoon, notified the president, secretary
and medical members that their evil
dence, as we'll as that of DR.. Mcdonald.
bacteriologfst, and certain servants of
the Board at the Kalihi receiving sta
ton, would be required at the hearing.
Following are some extracts from
Judge Dole's decision:
THE BOARDS RIGHT.
1.-THE right to detain persons afflicted
with contagious and infectious diseases
is provided by the laws of all civilized
countries for the protection of public
health.
Il find no case ii which an oppor-
tunity to be heard or provision for a
judicial trial of the question of the
existence of such disease is provided
by statute or is considered by the
court as essential TO the legality of the
summary action of the proper officers.
I'm regard to the deprivation of the
liberty of individuals by virtue of law,
the cases recognize a distinction be-
tween judicial and administrative
process, both in the authority of the
officers executing them and in the
status of the conclusions upon which
such action is based. Under Judicial
proceedings a trial affecting the prop
erty or liberty of an individual can
not be had unless such individual has
notice thereof and an opportunity to
be heard, and the conclusion of such
a trial is final, subject only to appeal.
But an administrative proceedings does
not require that notice shall be given
to the person under consideration, and
the conclusion of the examination or
trial is only final if it is correct in
fact, and it may be contested in other
proceedings, in which case it must,
in order to its validity, be proved to
have been according to the facts.
1.-THE counsel for the petitioner has
presented an able brief on this bear
ing of the subject. He has produced
no cases relating to the arrest of in
dividuals and their deprivation of lib
erty on account of being afflicted with
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five children. 1t is prayed that the
libel may be filed without deposit for
costs, also that the libellee be ordered
to pay into court within forty-eight
hours 800 for compensation of witness
es and other reasonable expenses of
trial, and that an order be made to Sc
cure the reasonable support of the
libellant pending the libel. Geo. A.
Davis is attorney for Hbellant. Judge
De Bolt issued an order to the libellee
to show cause at o'clock this morn
ing why he should not be ordered to
pay the $500 for costs and a reasonable
liant.
PROBATE MATTERS.
F. t. P. waterhouse, administrator
of the estate of Candida Gracia. de-
ceased, files his final account with
petition for discharge. He charges
himself with $16O370 and asks to be
allowed $1135.13, making the cash ball
ance s46S.57.
An inventory of the estate of Samuel
Sachs. deceased, is filed by L. Schwei-
tier, executor, showing total value of
S710.79, all in bank deposits.
The late Mrs. Kanahu Brenig's es-
tate is valued at $20,0S5.92, all person
al property, in the inventory of the ap-
praiseTs. r. w. Shingle, Harry Armi-
tage and P. d. Kellett Jr.
CITY PROPERTY INVOLVED.
An order to heirs. next of kin and
ali others interested in the petition of
Helen a Holt. guardian of six Holt
minors, for an order of sale of real
estate, to appear and show cause Why
an orcer should not be granted as pay
ed for, is made returnable before Judge
Robinson on Monday, January %. The
real estate is situated on the east side
OF Maunakea street, Honolulu, md
contains an area OF 1872 square feet.
CHILD ADOPTED.
Rebecca Panee Humeku has adopted
Alexander Manuailehua Rose, the
eight-year-old son of Gustave VI. and
Maria f. Rose. under a decree in ae-
cordanoc with the adaptive mothers
petition signed by Judge Robinson yes
terday.
COURT NOTES
Return of summons has been made
in suit for the January term. brought
by James e. Fullerton against w. o.
Smith, executor OF the will of w. l.
Wilcox. claiming s419 on a promissory
note with interest at s per cent per
annum from February l. 1900.
The mandamus suit of Hawaiian
Dredging Company. Ltd. against c. s
Holloway. Superintendent OF Public
Works. win be heard before Judged
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