The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-19

MAY BE LOST.
Ashford Raising Organic
Law Point Against
the Statutes.

Clarence W. Ashford, the attorney,
is going to. Washington to try and rip
up the leper segregation law.
When asked about it yesterday he
said breezily:
: Yes, it is my intention to leave by
the next Alameda, primarily as a
health measure, in order to obtain a
rest, and relief from overwork, which
| has induced insomnia and a nervous
condition, for which my physician in
sists upon total cessation of bust
| ness for a time, together with change
of scene. As secondary object, am
going to Washington to argue a couple
of appeals, before the Federal Supreme
Court, the most interesting of which
is the Kaipu habeas corpus case, in
volving the constitutionality of the
Hawaiian statutes providing for the
segregation of lepers -
What are the points involved in
this appealg'' was asked by the re-
porter.
1.-THE principal points, Mr.. Ashford
answered, ARE, first, whether the
method now provided for the condem-
nation and deportation Of persons to
Molokai as lepers, constitutes due
process of law, within the meaning
of the Federal constitution. ] contend,
in behalf of Mrs. Kaipu, that our stat
utes do not provide due process for
the ascertainment of the fact of lepro-
sy, especially in that they make no
provision whatsoever for notice to
the person whose condition and liberty
are involved, nor for any hearing of
the matter at which such person may
be present or represented by counsel,
and have an opportunity OF presenting
a defense, ETC.; and, second, that the
statutes provide for involuntary servi-
tude' in that they permit those trans
ported to Mo1okai to be subjected to
SuCu ICdSOAdDiC dAiIOuhk VI tSsooA o1
may be approved of by the attending
physician having been con-
victed of any crime. I contend that
this provision contravenes the thir-
teenth amendment to the Constitution,
forbidding involuntary servitude ex-
cept as punishment for crime, whereof
the person shall have been duly con-
victed. Incidentally, confidently ex-
peet decision by the Supreme Court
favorable to these views, and it is
needless to remark that the result of |
such decision must be to iberate
every leper now confined on Molokai. =
.'Do you wish to see the lepers liber-
ated9' was asked by the reporter.
"No,'' Mr. Ashford replied, asfor
that would be great misfortune, and
a serious menace to the public health.
But what have always insisted upon
in my professional and political career
has been, and viii always continue to
be, that the constitutional guarantees of
life, liberty and property shall be fully
accorded to all people, and no one
shall suffer deprivation of either, with
put due process of law 1t is en-
tirely competent, and by no means diff
cult, for our Legislature to so revise
5he leprosy laws as to meet all con-
,titutionaI requirements, while effec-
lively protecting the public health. In
sact, the Legislature at its last ses-
lion passed an act fairly sufficient to
meet both these objects, but the Gov
srnor, in his superior wisdom, (the
Governors wisdom is of very su- j
,erior brandy vetoed the bill, and it
ailed of passage over his veto by !,
ust one vote in the Senate. SO now,
{ the lepers are all turned loose, and
'ermitted to travel and reside at Will
throughout the Territory, the response
ility must rest primarily, upon Gov
rnor Carter, and secondarily, upon the
Hawaiian Legislature, for its failure
o pass constitutional act over the
ioyernor's veto''
How long do you expect to be alb
ente'' was asked.
IT hope to so far reeuperate my :
ealth as to be able to return to work =
-ithin two months BY the time have
nished in Washington. there will be :
pring weather in Canada, and | hope a
. visit the home of my childhood, and p
" more immediate relatives in that U
ountry, after taking another glimpse :
New York and Boston, to note their f,
ICnn4snr,oa an Para Three Il