The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-12-24
POLITICIANS
NOT PERMITTED

Element with President Pinkham and
there, in conjunction with DR.. Good
hue, Superintendent McVeigh and the
Committee of Seven, select the twelve
patients he is to treat at Kalihi re-
ceiving station, Honolulu. The local
politicians are shut out.
At Kalihi the experimenter viii be
free to come and go at his pleasure.
A keeper will be at the outer gate at
reasonable but fixed hours, and at
other times his attendance can be
secured by ringing an electric bell with
a push button provided.
Moreover, the board by formal vote
requires that wallach shall devote
reasonable portion of his time to the
care and treatment of the selected
twelve patients.
These decisions are in agreement
with recommendations submitted to
the. board, at its meeting yesterday,
by President Pinkham. In doing SO
he presented an exhaustive report OF
his recent visit to the Settlement, to-
gethed with a submission to the Attor-
ney General and Mr.. Hemenway's re-
sultant opinion. The correspondence
the president held with the Committee
of Seven on Molokai was included in
the exhibits. Its gist and outcome
has already been published by the Ad-
vertiser.
THE LEGAL OPINION.
President Pinkham asked the Attor-
ney General for an opinion on wheth-
-er, under the laws, the Board of Health
is solely responsible for segregation,
etc. Then:
IF the Board of Health is solely
responsible, has it the power to dele
gate its bowers and responsibilities as
10 segregation to any private person
or persons?
Has the Board of Health the power
to SO place the control of the segrega-
ton of any one or more legally declar-
ed lepers, that said segregation shall
be solely within the option of private
person or persons"
Attorney General Hemenway, in his
reply, reviews the laws and concludes
that the board can not delegate its
powers This decision is qualified in
the following terms:
The conclusion above, however, does
not affect the general purpose of the
provisions OF Section 1927 of the Re-
vised Laws which authorizes the board
TO allow any person to engage in the
treatment of lepers under such regula-
lions and conditions as the board may
prescribe.
Under this section the board has
powereto allow the treatment of lep-
H. - .,-fx-
sons. but this section does not give
the board any power, under the guise
of a regulation or condition, to evade
any responsibility or nullify the gen.
eral purpose of the segregation law. In
other words, segregation under the law
must be maintained, but the board may
smake any other reasonable conditions
or regulations as to discipline, control,
sanitation and method of treatment
that may seem proper and may change
the place of confinement from that
commonly used to such other place as
may be provided therefor"
THE BOARDS ACTION.
Those present at the meeting were
President L. E. Pinkham, DR.. VIM. D.
Baldwin, DIR. j. 7. wayson, Fred. C.
Smith, Mark P. Robinson and David
Kalauokalani. Superintendent Nc
Weigh of the Settlement was in at
tendance. ]. Lor Wallach and Messrs.
Motley, Mossman ana Hakuole OF the
Committee of Ten were also there.
MI. Kalauokalani made the first mo-
ton. to permit Wallach to go to the
Settlement, accepting an amendment
nv Nv InhfDSnn aS SANOrrdar {
made clear that none of the Commit
tee of Ten was included in the permits
sion.
DR.. Wayson made the other motions,
relative TO the electric bell and the
experimenter's time. Each motion car
ried without opposition, though the
talking was all done by the three
members already named. There were
not many words anyway.
MATTER OF COMPENSATION.
In an additional memorandum Fres-
ident Pinkham stated the facts regard
ing an order by the Federal Govern
ment to remove all buildings and their
occupants from the land granted to it
in Kalawao, Nolokai Settlement. To-
gether with Superintendent McVeigh
and Assistant Superintendent Waia-
mau he had examined the premises on
December 5, when an appraisal was
made in which the true value of the
buildings was found to be 1920 and the
number of owners ten. All Of the own
ers except one acquiesced in the valua-
lion.
Neither the Federal nor the Terri |
torial Government had provided for |
the payment of these CLAIMS. Acting |
Governor Mott-Smith had by letter |
bound the executive to present these
claims. urging an appropriation there
for, at next regular session of the
Legislature. Mr. Pinkham asked the
board 10 pledge itself to a similar
course of action.
On motion of Mr.. Kalauokalani, a
pledge of the kind desired was unan-
imously noted.
CONTRACTS FOR SUPPLIES.
Tenders for supplies for the Settle
ment and the Insane Asylum for the
first six months of 1908 were SUBJ
mitted to the board.
superintendent Mcveigh, at the in