The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-12-29
bad WHACK At
FOOD ORDINANCE
Possible Oversight IN Charge
Results IN Legal Mesh in
Police Court.
LFron wedno.dar D Advartisal.l

Inc hfaA test OF the - Keep your
foodstufs cleann ordinance Of the city
legally designated as &C. & C. Ord.
No. 3O.,'' resulted In the police court
yesterday in a decision that may rem.
der the whole ordinance an innocuous
membranes on the statute books and
defeat the ends which the sanitarians
of the city have been working for for
two years, and which they thought they
had attained.
Whether the mess is as bad as it
looks is to be decided today. The same
Cinnamon who were discharged in what
was practically the test case yesterday
we're at once rearTested and charged in
just the same words. City Physician
Wayson is also going to step in today
and see what can be done, and will con-
fer with the city attorneys depart
ment regarding the course to be pur-
sued.
The point that stuck out most often
siveiy yesterday was the fact that what
is popularity referred to as "screen-
ing ordinance has no enacting clause
in it whatever. This clause which
the supervisors passed midst pyrotech-
mic displays and "pattings on the
backu was afterwards, it seems, re.
pealed with many degrees less display,
and the section amended. The public
knew for some time that this was the
general intention Of the supervisors but
did not expect it SO quick.
''Not Feasible.''
City Attorney Cathcart is credited
with the statement in conference that
the ordinance with the screening clause
in it was not feasible. Doctor Pratt
and other government sanitarians be-
lieve that it is and also that il is OBJ
Grating successfully on the Coast.
The charge against the twelve or so
Cinnamon who were arrested several
weeks ago, was that they did not give
the meats they had on sale proper pro-
lection from contamination by flies and
other insects. The exact wording of
the ordinance follows this but also adds
"and from promiscuous handling" or
words to that effect, and this clause
was left out in the charge. The point
left to Judge Monsarrat to decide,
therefore, was whether the fishmarket
people were properly protecting their
meats from flies or not. It may incl
dentally be mentioned here that the
ordinance leaves the manner of protee-
ton entirely up to the fishmarket
people.
A short trial and a personal inspec-
ton by the court of the fishmaIket yes
terday resulted in the decision that the
present mode of keeping the flies off
lbs proper. The city physician. Doctor
Wayson, says it is not proper, the meat
inspector says it is emminently proper,
the prosecution says it is not proper
and the fishmarket people say it is beau
tiful. And the whole thing is going to
be gone through again this morning. AS
the cleanse "promiscuous handlipRo
was not included in the charge, Judge
Monsarat had no opportunity to pass
on it and may have decided differently
had it been 80 included and his atten-
Ition called to it.
Idiotic Prosecution.
If Prosecutor Brown depended on the
testimony of Meat Inspector Jas. Boyd
for his case he must have received
severe jolt for Boyd's testimony was a
marvel from the prosecutions stand
point. The fact that Brown Immediate
ly arranged for their rearrest seems to
indicate that he has hopes this time not
based on Boyd.
After describing briefly the condi-
tions which exist at the fishmarket,
Boyd said this:
"The fshmarket is kept clean and
just as clean as any market, if not bet
ter than any market, on the Pacific
Coast. ("
Idiotic,' commented City Physl-
clan Wayson last night when this choice
statement was read of to him. 81 don It
think Boyd has ever been to the Coast. -
eff Boyd's testimony WASH It bad
enough, Attorney A. 8. Humphreys, who
conducted the defense, made it look
worse when he took the stand himself
and stated that he had gone to Boyd
several times previously and asked him
If he had any official complaint to
make against his clients conduct of
their stalls. Boyd, said Humphreys, said
that he had no complaint to make at
all.
Defense Just as Bad.
The testimony adduced by the de-
Tense was just as brief as that of Boyd
and exactly similar in every other re-
speet. This Is the sworn statement of
Hop Kee, one of the defendants, as he
made it ON the stand:
'We had used screens some time ago
and our customers complained of meat
not being good and they demanded their
money back The meat got spoiled. An
other thing, the files get into the screen
case and you cannot get them out
again.
After this brillie=t statment, Hop Keo
being the second and last witness, his
attorney being the first, the latter made
tho suggestion that the court visit the
market himself and this was agreed 10.
II would not be right to say that the
defense had skiFmish line out timed
10 reach the market little ahead OF
time, but the fact remains that when