The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-21
POLITICIANS
NOT PERMITTED
WaIlach May Go-An Electric
Bell at kaiihi-Bids for
Supplies.

Wallach is granted permission by
the Board of Health to go to the Set
tlement with President Pinkham and
there, in conjunction with DR.. Good
hue, superintendent Mcyeigh and the
Committee of Seven. select the twelve
patients he is to treat at Kalihi ra-
ceiving station, Honolulu. The local
politicians are shut out.
At Kaliht 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 ands Mr.. Hemenway's re-
sultant opinion. The correspondence
the president held with the Committee
of Seven on Molokai was included in
the exhibits. It's 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 sSle1y
responsible, has it the power to dele
gate its powers and responsibilities as
to segregation to any private person
or persons?
HAS the Board of Health the power
to so place the control of the segrega-
tion of any one or more legally declar-
ed lepers, that said segregation shall
be solely within the option of a 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:
1.-The conclusion above, however, does
not affect the general purpose of the
provisions of Section 1927 of Che Re-
vised Laws which authorizes the board
to allow any person to engage in the
treatment of lepers under such regula-
tions and conditions as the board may
prescribe.
Under this section the board has
power to allow the treatment of lep-
ers to be carried on by private per-
sons, but this section does not give
the board any power. under the guise
of a regulation or condition, to evade
any responsibility or nuIlify the gem
eral purpose of the segregation law. In
other words. segregation under the law
must be maintained, but the board may
make 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 |
lA1dy pC PiONA0Cd
THE BOARDS ACTION.
Those present at the meeting were |
President L. E. Pinkham, DR.. VIM. D. |
Baldwin, DR.. j. 7. Wayson, Fred. c. |
Smith, Mark 2. Robinson and David |
Superintendent Me-
Weigh of the Settlement was in at
tendance. ]. Lor Wallach and Messrs.
Motley, Mossnan ana Hakuole OF the
Committee of Ten were also there.
Mr.. Kalauokalani made the first mo-
tion, to permit Wallach to go to the
settlement, accepting an amendment
by Mr.. Robinson as seconder. 1t was
made clear that none of the Commits
tee of Ten was included in the permis>
sion.
DR.. Wayson made the other motions,
relative to the electric bell and the
sxperimenters time. Each motion car
led without opposition, though the
.alking was all done by the three
members already named. There were
lot many words anyway.
MATTER OF COMPENSATION
In an additional memorandum Fres-
dent Pinkham stated the facts regard
ng an order by the Federal Govern
nent to remove all buildings and their
occupants from the land granted TO it
n Kalawao, Molokat Settlement. To-
'ether with Superintendent McVeigh
nd Assistant Superintendent Waia-
nau he had examined the premises on
December 5, when an appraisal was
made in which the true value Of the
was found to be s2270 and the
lumber of owners ten. All of the own
RS except one acqufesced in the valua-
ion. +
Neither the Federal nor the Terri
orial Government had provided for
he payment of these claims. Acting
Governor Mott-Smith had by letter
,ound the executive to present these
laims, urging an appropriation there
or, at next regular session of the
legislature. Mr. Pinkham asked the
Continued on Page Two.) /