The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-24
SECTION 1922, R. L.

/ this Dill:
! SECTION 1922, R L.
| 1. In the first clause, change in
J 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 Ieprosy 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 sit
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 it's agents,
any person alleged to be a leper within
the Jurisdiction of such district magis-
trate.'
The suggested law provides that cit
shall be the duty of each district
magistrate when properly applied to
3 to issue to such person (refer-
ring to those persons named above in
number / On the first page hereof a
citation, ordering him to appear at a
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 leper in order to de-
termine the fact of the existence of
1eprosy.
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-
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
al times to apprehend sub
ects. And further, a person obeying
the citation is not In GUS
-odia 1egis and could not be held. and |
here seems to be no provision of law
his arrest and detention.
8. Another change is to make it the
luty 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
,nly when a person is arrested.
This is not an important change in |
tself, and is necessitated by the other
,hange above noted.
4. A provision is added to the section, |
'equiring the medical examination to
De made as soon as possible after eta
ion or arrest.
This is unobjectionable
CNote.-The English used in the !
lmended section is poor, but probably
would be held to express the meaning
I'll right
5. A new section is added providing
or the appointment of a medical COM
mission to make examinations, such
ppointees to be all physicians. to hold
'ffice four years. one to be chairman.
Governor may fill vacancies.
Examinations are to be made only
" the full board, and four must con-
ur in any decision to make it final.
The suspect shall be present, and may
re represented by his own physician,
md shall have a right to introduce
This makes a radical change in the
present law. as it takes away from
he Board of Health all power over
There is no provision
or payment of the Commission con-
tituted by this section, and no pro-
'ision as to what shall be done with
my person in case final decision is
It once reached AS a person appear !
ng in answer to a citation is not in
he could not be held. but
would have to be allowed to go at
arge. This same result, apparently,
would follow a final decision of such
'CtAiN dNtliIiilS the SAiSlSHCt VI ItplO-
~, for the amendments made in Sec
ion 1922 seem to permit an arrest and
detention only when a person fails to
hey the citation provided for; al
hough the last clause of the amended
section might be construed to permit
iuch arrest and detention after a find
ng of the existence of leprosy.
SECTION 1925, R. L.
6. The present law authorizes a hos
)ital on each island where leprous
patients in the incipient stages may
De treated. and further. authorizes the
ISOLATION of patients deemed incurable
)r capable of spreading the disease.
The suggested law requires the es-
of a hospital at Kalihi.
where lepers in all stages may be
treated. Also for the appointment of
physicians to attend; for the confine-
nent of patients: for the permitting Of
visitors. under proper regulations; for