The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-03-14

81 ~, 49, 4 z, NJ ~ d = !
Second. The bill provides for new
court OF examination, II 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 unending dis
putes and would allow any charlatan
or quack to thrust himself into a 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
done with the patients If they should
be declared to be lepers, as 1t has al
ready, by wiping out Section 1922, taxi
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 II enacted will put
an end to all segregation for this dis
ease
1t is decidedly unfortunate that at
this time such bill should be present.
ed, in view of the proposal of the Unit
ed States to assist in every way the
Territory in effecting cure for this
disease.
A BETTER BILL.
Senate Bill No. &C has been intro
duced on this same subject, and 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 have so long stood
all legal tests, but deals entirely with
the examination of persons suspected
of leptosy. 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, a 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 un-
commission of five reputable
physicians, 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 leprosy. The patient has
the right to hire a licensed physician
who shall represent him at such ex-
animation, and assist in the conduct of
the examination. The Board of Health
presents such evidence as 1t has OBJ
tained 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
a 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
ent leprosy laws, which have stood all
tests for so many years, but merely
places additional Safeguards around
any persons charged with having lepro-
sy by making the commission before
whom they must appear an absolutely
unbiased and unprejudiced one, taking
its appointment away from the Board
of Health.
The power to isolate the lepers re-
mains in the hands of the Board of
Health and the present laws remain
in force. 1t takes from the Board of
Health the power to appoint a COM
of doctors and places that pow
er in the hands of the Governor and
the Senate.
l therefore respectfully beg to rec
ommend in view of the introduction
of Senate Bill No. 6S, that this bill be
substituted for Bill No. co. and that
the latter be laid upon the table.
Respectfully submitted,
j. NJ. DOWSETT.
The bill came up for second reading
at the afternoon session, and was laid
on the table to be taken up when Sem
ate Bill 6S, which is substitute meas
ure free from the defects of the Lane
bill, is taken up. This is the measure
recommended by the Dowsett report.
DOWSETT RESIGNS.
Senator Dowsett, for personal rea-
sons, asked to be excused from service
on the Special Railway Committee, and
his request was granted.
The House amended the Senate Bill
regulating the duties of the Registrar
of Conveyances, and Achi Dickey and
Brown, were appointed Conference
Committee in behalf of the Senate.
Hewitt presented a petition from citi-
zens Of South Kona asking for the
of rood oil nxyar that rao,ia,,