The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-03-13
N The SENATE


deprived Uf Che power of examination
and DO was conferred upon a new trbu-
mall a court of this nature would be
vicious, and the matter of the deter
mination Of leprosy would bee in the
hands of lawyers employed To defend
suspects and not Boo the hands Of doc
tors That would be an irremediable
evil, because the attorneys would be
interested iu securing the discharge. of
leper suspects.
tn report in It's fun text follows:
Honolulu. March 10. 1905.
Hon. d. 7. r. lsenberg President of
the Senate.
Sir:-As "a member Of your Health
Committee, to which was referred Sem
ate Bill No. 20, entitled AN Act to
amend Section 3 of Chapter 81 of the
Penal Code, providing for the isolation
and confinement of lepers." / do not
concur i'm the report of the majority of
your Committee for the following rea-
sons
The bill proposed by the majority of
the Committee completely does away
with Section 1922 Of the Revised Laws
of Hawaii, and inserts i'm its place a
section which is entirely different in its
terms.
Among the matters abolished in Sec
ton l122 are:
First.-The power of the Board of
Health to isolate the lepers and there
fore if it should become a law there
would be no longer any power in the
/ Board to isolate them at Molokai or
any other place and, therefore no long
err any segregation of lepers.
Second.-Under the old law the Board
of Health can investigate secretly and
} without any publicity persons accused
OF having this disease, and the different
district magistrates must act whenever
, requested by the Board; this provision
is entirely done away with, and if the
proposed bill Is made law, every time
a person is suspected of having the len
rosy, an application must be made to
the district magistrate. with all the
publicity of any criminal proceeding
NO longer can person be privately
examined and discharged. Each case
must be treated as that of the person
VINO is guilty of some crime and for
whose detention a warrant is required
1t also gives the district magistrates
VINO are not men conversant with med
zeal science, absolutely 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
1t takes absolutely from the Board of
Health the power to control the health
SITUATION, by examining persons whom
Ihey deem suspected of this disease.
ana places that matter in the hands of
the judicial department where Legal
proceedings are necessary.
! Third.-It also strikes from the Law
the power of the Board of Health TO re-
move any suspected person, or 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 IN
der the proposed bill
q The Objectionable features of the pro.
, posed 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 magis.
trates. The wording of the bill is very
general and requires that the magis.
trates shall be satisfied by a sworr
complaint, before they shall issue z
warrant This requires a legal trial II
! a district court, before the MAGISTRATE
Q before person can be examined fol
2 Ieprosy, with all the publicity and hu
mutation involved in these proceedings
p, 1t also takes from the Board of Health
/ which under our laws, has the regula
ton of all health matters, this power O
e examination and places it in a legal tri
r bune.
Second.-The bill provides for new
court of examination, if the distrc
magistrate shall decide in the frs
place that a warrant shall be issued
composed of three physicians, one chos
, en- by the patient, one by the Board o
Health, and the third by the Governor
or by the two already chosen. A cour
of this nature is vicious. 1t would
start by taking sides; there is nothnj
. judicial in its makeup. The doctor an
i, pointed by the patient would be like
lawyer depending upon his making de
cisions favorable to the patient for fu
ture employment from others. 1t woul,
lead to unendng disputes and woul,
allow any chaTlatan or quack to thrus
70 himself into a position of Judge, de
- spite his incompetency, and there is n
. court in the world where the partie
! hire their own lawyers to act as judges
y This is the kind of a court which tn
proposed bill would enact
There is absolutely nothing in tn
= proposed act that says what shall b
: done with the patients If they should b
4 declared to be lepers, as it has already
by wiping out Section 1922, taken fror
the Board of Health the power to iso
late lepers. If this proposed cour
9 should decide a person to be a lepel
!, there is nothing I'm our statutory law
q that gives anybody control over hi
movements, the proposed law is abso
I'M gfI 40 b., L.,