The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-03-14

Soiutely the power to prevent any one
from being examined by the Board of
Health, if they so wish 1t was never
intended by our laws to give District
Magistrates such power It takes alb
solutely from the Board of Health the
power TO control the health situation.
by examining persons whom they deem
suspected of this disease, and places
that matter in the hands of the Judi
cial Department, where legal proceed
ings are necessary.
POWER TAKEN AWAY.
Third. 1t also strikes from the law
the power of the Board of Health to
remove any suspected person. or a per-
son having the disease of leprosy. to
a place of treatment or isolation This
again, takes the power of the Board of
Health to segregate and isolate for this
disease, absolutely from them, and pre-
sents no substitute
These are the vital portions of the
section which are done away with un-
der the proposed bill.
The. Objectionable features of the
proposed bill are as follows:
First. As stated above, it takes from
the Board of Health the power to make
examinations and practically places
that in the hands of the District Mag
istrates. The wording OF the bill is
very general and requires that the Mag
istrates shall be satisfied by a sworn
complaint, before they shall issue a
warrant. This requires legal trial in
District Court, before the magistrate,
before person can be examined for
leprosy, with all the publicity and
humiliation, involved in these proceed
ings 1t also takes from the Board of
Health, which under our laws, has the
regulation of all health matters, this
power of examination and places it in
a legal tribune.
Second. The bill provides for new
court of examination, if the District
Magistrate shall decide in the first
place that a warrant shall be issued,
composed of three physicians, one
chosen by the patient, one by the Board
of Health. and the third by the Gov
ernor, or by the two already chosen.
A court of this nature is vicious. 1t
would start by taking sides; there is
nothing judicial in its makeup The
doctor appointed by the patient would
be like a lawyer, depending upon his
making decisions favorable to the pa
tient, for future employment from 9TH
ers. 1t would lead to amending dis
putes and would allow any charlatan
or quack to thrust himself into d posi-
ton of judge. despite his incompetency.
and there is no court in the world
where the parties hire their own law
yers to act as judges. This is the kind
of a court which the proposed bill
would enact.
There is absolutely nothing in the
proposed act that says what shall be
done with the patients if they should
be declared to be lepers, as 1T has al
ready, by wiping out Section 1922, TAX
en- from the Board of Health the power
to isolate lepers. If this proposed court
should decide a person to be a leper,
there is nothing in our statutory laws
that gives anybody control over his
movements, the proposed law is abso-
lutely silent as to what shall be done
with any person afflicted with the dis
ease of leprosy, and if enacted will put
an end to all segregation for this dis
ease.
1t is decidedly unfortunate that at
this time such a bill should be present
ed, in view of the proposal of the Unit
ed States to assist in every way the
Territory in effecting a cure for this
disease.
A BETTER BILL.
Senate Bill No. Sc has been intro
duced on this same subject, and a copy
of that bill filed with the committee.
This act does not do away with the
provisions of Section 1922, or any of
the old laws which Nave so long stood
all legal tests, but deals entirely with
the examination of persons suspected
of leprosy, under the provisions of the
present law
At present, under regulations of the
Board of Health an examining board
of five physicians is appointed by said
board, decision of four of whom is
necessary before a person shall be de-
clared a leper, all of this board being
regularly licensed physicians.
The object of Senate Bill No. 6S seems
to be to create an unbiased and I'M
prejudiced commission of five reputable
who shall be appointed by
the Governor and confirmed by the
Senate, which commission shall act as
a court to examine all cases of persons
suspected of Ieprosy. The patient has
the right to hire licensed physician
who shall represent him at such eX-
and assist in the conduct of
the examination. The Board of Health
presents such evidence as it has OBJ
tanned and upon this hearing the five
who are in an entirely judi
cial attitude owing neither allegiance
to the Board of Health~ or to the pa
tient. but who hold their position by
virtue of the Senate of the Territory of
Hawaii and Governor, decide whether
or not the person charged is afflicted
with the disease of leprosy. 1t will be
necessary for four physicians belong
ing to said commission to agree, before
q person can be declared a leper. This
bill is not destructive like the one pro-
posed by the majority of the commit /
tee. 1t does not do away with the pres
ant leprosy laws, which have stood all
tests for so many years, but merely
places additional safeguards around
INV persons charged with having lepro-