The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-04-25

AND HOSPITALS, ETC.
Following are the changes made by
this bill:
SECTION 1922, r. L.
/. In the first clause, change in
the wording of the definition of persons
who may be isolated and confined,
from "all leprous patients who shall
be deemed capable of spreading the
disease of leprosy," to "all persons suf-
fering with leprosy who shall be deem
ed capable of spreading that disease"
There does not seem to be any diff
ference in the meaning of the two
phrases.
2. In the second clause of the Sec
ton an important change is made.
The present law provides that "it
shall be the duty of all district magis-
trates, when properly applied to
to cause to be arrested and delivered
to the Board of Health, or its agents,
any person alleged to be leper within
the jurisdiction of such district magis-
trate."
The suggested law provides that sit
shall be the duty of each district
magistrate when properly applied to
to issue to such person (refer-
ring to those persons named above in
number / On the first page hereof
citation, ordering him to appear at
time and place therein to be specified.
then and there submit to a medical
examination for the purpose of deter
mining whether or not he is suffering
from leprosy and capable of spreading
that disease, and in the event that such
person shall fail to appear in answer
to such citation, said district magis-
trate shall cause the arrest of such
person and his delivery to the Board
of Health, or its agents"
The present law requires the issuance
of a warrant for the arrest of a per-
son alleged to be a leper in order to de-
termine the fact of the existence Of
leprosy
Under the suggested law, the magis-
trate is required to issue a citation
which in it's effect would be SINH
lar to a civil summons, not to
persons alleged to be lepers, but
only to persons suffering with leprosy
who shall be deemed capable of spread
ing the disease" In other words, the
fact of leprosy must exist before any
person can be cited to appear. And
yet the purpose of the citation Is to
have an examination and medical de-
termination of this fact of leprosy. This
is certainly gross inconsistency. Fur
Their, the citation being in the nature
of a civil summons, gives warning to
any person that he is liable to arrest,
and could be taken advantage of by
any such person to secrete himself in
such a way as to make a subsequent
arrest very difficult. The history of
the apprehension of lepers shows how
difficult it has been in the past to make
arrests. With this provision it will be
impossible at times to apprehend sub
jects. And fur Their, a person obeying
voluntarily the citation is not in GUS
todia legis and could not be held, and
there seems to be no provision of law
authorizing his arrest and detention.
8. Another change is to make it the
duty of the police to assist in the con-
veyance of any person. so cited or ar
rested to some designated place, in
stead of prescribing that to be his duty
only when a person is arrested.
This is not an important change in
ITSELF and is necessitated by the other
change above noted.
4. A provision is added to the section,
requiring the medical examination to
be made as soon as possible after cita-
ton or arrest.
This is unobjectionable.
tNote.-The English used in the
amended section is poor, but probably
would be held to express the meaning
all right1
8. A new section is added, providing
for the appointment of a medical COM
mission to make examinations, such
appointees to be all physicians, to hold
Office four years, one to be chairman.
Governor may fill vacancies.
Examinations are to be made only
by the full board, and four must con-
cur in any decision to make 1t final
The suspect shall be present, and may
be represented by his own physician,
and shall have a right to introduce
evidence.
This makes o radical change in the
present law, as it takes away from
the Board of Health all power over
examinations. There is no provision
for payment of the Commission con-
stituted by this section, and no pro-
vision as to what shall be done with
any person in cese a final decision is
at once reached. AS a person appear
ing in answer to a citation is not in
custody, he could not be held, but
would have to be allowed to go at
large. This same result, apparently
would follow a final decision of such
board declaring the existence of lepro-
sy, for the amendments made in sec
ton 1922 seem to permit an arrest and
detention only when a person fails to
obey the citation provided for; al
though the last clause of the amended
section might be construed to permit
such arrest and detention after a find
ing of the existence of leprosy.
SECTION 1926, r. L.
6. The present law authorizes hos
pital on each island where leprous
patients in the incipient stages may
be treated, and further, authorizes the
isolation of patients deemed incurable
or capable OF spreading the disease.
The suggested law requires the es-
tablishment of a hospital at Kalihi,
where lepers In all stages may be