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

TOOK like course, Delilg set uOWh ior
first reading this morning. 3
The Senate was likewise notified by
the House that it's resolution provid-
ing for the appointment of Joint
Committee to manage the Molokai
junket had been tabled. There was
some slight manifestation of impa-
thence at this, McCandless from the
Special Committee wanting to know
what ne should do about It. But the
thing passed, and the incident, pre-
sumably is closed. The House will pay
the bill, and the Senate will go along
and be good.
From the Health Committee, Dow
sett submitted the following minority
report on the Lane leprosy BILL
AS a member of your Health Com
mittee, to which was referred Senate
Bill No. 20, entitled IAN Act to amend
Section of Chapter So of the Penal
Code, providing for the isolation and
confinement of lepers,'' 1 do not con-
cur in the report of the majority of
your committee for the following rea-
sons:
the committee completely does away
with Section 1922 Of the Revised Laws
of Hawaii, and inserts in its place a
section which is entirely different in
its terms.
Among the matters abolished in Sec
ton 1922 are
First. The power of the Board of
Health to cause to be isolated and
confined leprous patients in some place
or places for that purpose, provided
that such leprous persons are deemed
capable of spreading that disease. AS
a matter of fact there Is in nothing
in this bill which takes the place of
the authority given 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
longer any segregation of lepers.
Second. Under the old law the
Board of Health can investigate Sc
cretly and without any publicity peri
sons 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 sus-
pected of having the leprosy. an ap-
plication must be made to the District
Magistrate, with all the publicity of
any criminal proceeding No longer
can a person be privately examined and
discharged. Each case must be treat
ed as that of the person who is guilty
of some crime and for whose detention
a warrant is required. 1t also gives the
District Magistrates, who are not men
conversant with medical science, alb
solutely the power to prevent any one
from being examined by the Board of
Health, IL they SO wish. 1t was never
intended by our laws to give District
Magistrates such power. 1t 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 per-
son having the disease of leprosy, to
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 I'M
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
a District Court, before the magistrate.
before a person can be examined for
leprosy, with all the publicity end
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 1t in
legal tribune.