The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-12-21

| 500 pound machines of which Mr.. With
! ington speaks"
| DA|SAt1A<SAAlA<SA@k
where they exist with an order for
their suppression. If such order is
disobeyed the nuisance is suppressed
by the authorities and the owner or
| occupier charged with the expenses
| thereof. Although in rare cases,
such as in the statutes of Pennsylvania
It is required that the owners or oc-
cupiers of such premises may, on re-
ceiving such notice, apply for stay or
| modification thereof, in which case
| they shall be allowed a hearing and an
| opportunity to put i'm evidence, yet in
cases relating to the affection of indi-
viduals with contagious or epidemic
diseases, thereby becoming a menace to
| the community, find no case in which
an opportunity to be heard or a provi-
sion for judicial trial of the question
of the existence of such disease is pro-
vided by statute, or is considered by the
| court as essential to the legality of the
summary action of the proper officers.
In regard to the deprivation of the
liberty of ind viduals by virtue of law,
the cases recognize a distinction be-
tween judicial and administrative pro-
! cess, both i'm the authority of the Off
| GERS executing them and i'm the status
of the conclusions upon which such ac-
ton is based. Under judicial pro-
| ceedings a trial affecting the property
or liberty of an individual cannot 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 proceeding does not re-
quire 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 I'm other proceed
| ings, i'm which case it must, i'm order
to it's validity, be proved to have been
according to the facts.
/ The counsel for the petitioner has
presented an able brief on this bearing
of the subject, drawing his Illustrations
and authorities mainly from cases deal
| ing with the arrest and Incarceration of
! insane ersons. He has produced no
| cases relating to the arrest of indi-
viduals and their deprivation of liberty
on account of being afflicted with con-
tagious or infectious diseases. This
| absence of such citations is significant
To my mind, the precedents in regard
to the incarceration of alleged insane
persons do not control or strongly in
| fuence questions relating to the arrest
and detention of persons found, or sup
posed to be afflicted with contagious or
infectious diseases. Insanity is not
contagious or infectious. An insane
person at liberty is no menace to the
public except as he may be liable to
parOXysms of violence. The necessity,
therefore, for summary action does not
usually arise i'm such cases, and there
is every reason that one complained of
as insane, should if not a raving ma
MAC have an opportunity of proving
himself sane, and no reason against it.
There is little doubt but that one vio-
lently insane, would be summarily ar
rested and detained, in any community,
even though the trial of the question of
the insanity be proceeded with later.
In addition to such investigation, the
Board requires a special examination
by bacterioOgist, by which the pre-
sence of the disease. if present in fact,
is said to be a matter of scientific de-
mOnstration.
Such proceedings are consistent with
the theory of administrative procedure
and reasonably guard the interests of
the suspected person. Counsel for
the petitioner complains that under this
method, the liberty of the individual is
entirely dependent upon the character
of the examiners for integrity and skill.
This is, to a certain extent, the case,
and it is also to some extent the case
with all trials and Investigations bot
administrative and judicial. When a
man is tried for his life ON a charge of
murder his life is dependent, TO an eX-
tent, on the integrity and intelligence
Of both the court the jury and the
witnesses.