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I - - II.
F.VRNINCI BULLETIN, HONOLULU, T. II., MONDAY, OCT. 19, 1008.
LEPER LAW DEFINED
( ) iliir t" tin il("ir ,i'l ilitcrcl in (In i.ilcl'ilcliiti(ili of tlio
lipcr stu-'pcct liiw, tin' liilil iIirNinii ut tin Kiiirrmc Com t in
tlic ..Miiiiiiiikcu cav i yivcii in full: ,
IX TllIC 5IATTKII OK TIIK I'IC'1 1T10X OK KAIAIIIJA
(k).KOK A WHIT OK HAI'.KAS COIU'U.S KOK AND
0. HBIIAL1' OK AX.UIAMA .M.UWAKKA (w).
A rn:i.n;'.t .Cutout r .Jriwn:, J'Vot Ciiscuit.
Si'iljiiiiltwl k'tl'iT ", l!H)5. DwitliM Oi-ddx-r 17, J'.tOS.
II.ustwi.i.i., ('..I., Wn.ims AMI lAI,l.or, .1.1.
llnbcns rtirput ili'lviillim (if lopor iwpoct.
t'liim hnlioits (iirpiiR iiuvsIIuiiIiik Iho lesiillly nf Urn ilrtcutlon
of a hij'or suiipoct. tlic only Issue la tho MKiiI.irlty of the pro
(CDilliiK3 umltT the Htutiitc, anil tlu rxlstcmu or tion-cxltflcm.u
of loprony will nut lit1 ilctorinlncil tolhilor.illy.
I.opioiy cutixttuulnn of htiituli".
It. I.. Sec. I122A applies to nil persons !) ruiuily tin leper bus
pects, whether nrresteil under wiiriunt i- not.
Leprosy proceed I iik under statute.
A leper suspeit In cunlody hnvliiR relecled ii physlelan to pxhiu
Ine her lit nrronlatux' with the )t.ltiile. ami being (hereafter
required without It-Ral inui'o to Kolecl another, eauuot he held
to havo waited her right; and utilisciiuet't pioiecdliiKs with tho
buiui.d phlelan are void.
OPINION QV Till: COUIIT IIY liAl.l.Ol', J. .
'I lit-. N nti itiieiil liv tlio jiniilrnt of tliu Wuiril ot lioulth front
tin order of tlic circuit jmlfy of tlic firs'; circuit ili.cliarjiii;
front custody Aiiiiuinliit Mnumikcsi, Imnmlit licforo lit i ii on it
writ of liak-iH coi-pUt. Tlic return alleged tli.it Miv. .lmumkca,
hereinafter called the )ctitiouei', win held in custody iiiiil(.'i"tliu
provNiniis of S. L. 11107, Act 1 ':, nuieiidiiig I!. I.. .Sec. 1 1J-'
and adding a new i-octiou , follow-.: '
"Section lli'l'. I.c)ci, Coulinenn'iit. The Hoard of Health
or it agents are authorized and cnipowercd to caiti-o to lx io
lateil and confined in mpiiic place or plncei for that iurpo-o pro-"
vided, till persons -nilTeriiif; with lepro-y who .-luill ho pto
nouiiced capahlo of spreading that dieae; and it shall lie the
duty if each I)itrict HiifiiMrnte vlin pioiicrly applied to for
that purpo-o liy the Hoard of Health or it authorized iij-ents
to isne a penal numinous to any per-on nlVpcd to ho MifTcriiig
with leprosy or deemed c.ip.thle of ireadint; that di-i-a-c, oj;der
iiif: him to appear at the time and place pecilied in the appli
cation for such .-illinium.., then and there to Mihmit. to a medical
examination for the purpo-e of dctermiuiii whether or not ho
i- MilTcring from leprosy; and in the event that such person
shall fail to appear in nunwer to inch summon said District
.MiiKi-tnito shall eauo tho arrest of such pcit-on and his delivery
to the Hoard of Health or its agents; and it shall he tho duty of
the 1 1 lfili Sheriff of the Territory of Hawaii and his deputies
and of tho police otliccrs to a-sist in securing the conveyance of
any peioii mi summoned or arreslejl to such plaeo as Hie Hoatil
of Health or its a-ronti may direct, in order that such pci-stm
may he Mlhjecled to a medical esnmimttir'i, and thereafter lo
assi in removing such pi-oii to a place of treatment or Nida
tion if so required by Hie agents of the Hoard of Health. Pro
vided, however, that Mich medical exmiiiuation shall, in all
ernes, ho made with the leat possible delay after such numinous
or arrest as aforesaid."
"Section 22.. KMimiunlioii. With the lAnt jioisihlo
delay after a per-ou Inii been fitki u into en-tody as provided in
Section II JJ of the Keviied Laws, the Hoard'of Health shall
eati-o such pormii lo be carefully exiiiiiined lt.v two physicians
UNDER THE AUSPICES OF THE
Independence Club, Alakea St.
AT 8 O'CLOCK SHARP.
TUESDAY, THE 10TH.
Grand Double Main Event
FRANKIE SMITH of Honolulu, vs.
SAM TRINKLE, U. 3. S. Maryland, Champion Lightweight
of the Pacific Fleet.
SIIURLOCK of U. S. S. Washington, Welterweight Cham
pion of the Pacific Tleet, vs.
FROMMER of the U. S. S. Tennessee.
Seats, $2.00 Ringside: $1.50 reieived; $1 general ad
mission, on sale nt Fashion Giipu- Sloie.
duly licensed to practice nicdiuinu iti this Territory; ono of such
physicians shall bo chosen by the .Hoard, and tho other by tho
person taken into custody, or if such a person is it minor, by
jiis parents, parent or gnardinu; if such person or Iim repre
sentatives shall fail to select a physician within ten days after
tho Hoard's selection, such ri;lit shall lw lo-t, and the Hoard
shall select two physician If the two physicians after the
completion of such examination shall agree that such person is
not suffering with leprosy, nor cnfriblo of spreading that dis-ea-c,
such person shall lie released from eurtody and furnished
by tlio Hoard with transportation homo; but if the two physi
cians agreo that such person is suffering with leprosy, andvapn
blo of spreading that disease, such person shall remain in tho
custody of the Hoard, and he confined in Mich place, as is tbeic
for provided by law. In ease of disagreement between tbb two
physicians as to whether such person ii or is not suffering with
leprosy and capable of spreading that disca-e, they (shall, with
as little delay as possible, select n third so licensed physician,
mid Iho three physicians shall proceed to make a second exami
nation, ()u the completion of such second examination, the
decision of any two of tho three physicians that such person is
or is not suffering with leprosy and capable of spreading that
(INcaso shall determine whether Mich person shall he released or
conliued in the maimer horeinlmfore provided."
The evidence shows that Iho petitioner, being suspected of
having leprosy, was notified by J)r. (Joodhuo on Hawaii to
report at the Kalihi receiving station for examination. Sho
caino to Honolulu with other leper suspects and was met by an
agent of the, board of health who took her lo the receiving sta
tion, lieu, in accordance with the act ijuoted, she was notified
to select a physician to examine her and 'dieted Dr. ,1. Atch
erley, who, with Dr. .McDonald, nominated by tho hoard of
health, made an examination. J)r. .McDonald signed it certifi
cate that the patient was suffering withjeprosy and capable of
spreading that diicae. Upon this certificate loing presented
to J)r. Atcherley he refused to sign it stating orally that, tho
patient had leprosy but that ho would not certify that she was
capable of spreading the disease. There in no evidence of any
further action being requested of Dr. Atcht rlcy. Three months
afterwards the petitioner was asked to select another doctor,
being told by the keeper oC tho receiving station that )r. Atch
erley was not allowed to eomo there. Thereupon after some. ,
demur she selected Dr. .Mclx'iinaii. Dr. .McLennan certified
that he was.uuahle to say whether or not. the patient had or was
afflicted with leprosy and he and Dr. McDonald selected Dr.
Sinclair as the third physician, who certified that the patient
was suffering with leprosy jmd capable hi spending that dis
ease, 'Hie return of tho president of the Wid of health set up
this certificate of two doctors as' justification for holding iho
petitioner in custody.
We cannot sustain the respondent's contention that the fact
of the existence r nonexistence of leprosy is to be determined
upon habeas corpus proceedings, This would enable every per
son regularly pronounced a leper to have the decision of the
hoard of examining thysiciaiis .reviewed iiy the court, which is
not tho tribunal designated by the legislature for that purpose.
In these proceedings tho legality of iho detention depends upon
the regularity of ,tliu procieditigs by virtue of which the peti
tioner is held in custody, ruder the amended statute a leper
suspect may bo held in custody only long enough to make tho
prescribed examination with the least possible delay, and there
after only upon decision, rendered in accoidance with the stat
ute, that he is sutfering with leprosy and capable of spreading
On J he other hand wo do not, as contended by the petitioner,
construe the statute as requiring a penal summons followed by
an arrest under warrant as conditions precedent in all cases to
the examination prescribed by Sec. llliA.- Tho reference in
the. opening sentepco of the paragraph io persons taken into
custody as provided in See. 1122 does not expressly or by nec
essary implication exclude from tho lK'tiefits of, that section per
sons who havo voluntarily surrendered themselves into custody
for the purpose of examination nor thoi-o who havo appeared in
response ,to a penal summons. Tho intent of tlio legislating
would havo to he more clearly expressed before we could find
that it was intended to give the safeguards of Sec. 1 122A to tho
recalcitrant and leny them to those appearing voluntarily or
upon simple notification.
Tho first physician selected by the petilioircr in accordance
with her rightsrtindor the statute was Dr. Alcberloy, and in tho
orderly cotu-so of procedure tho final iletotiuinatiou in case of
disagreement would have been made by a board, the third mem
bev of which was selected by him and Dr. McDonald. Wo aro
not required to say what Iho procedure wouhj. ho in caso either
physician unreasonably refued to proceed in accordance with
tho statute, as theio is no evidence) of such refusal, in this case.
The qucxtiou here turns on tho regularity of the selection of
Dr. .Mcl.eiituin with the selection,. of Dr. Atcherley still out
standing. Undoubtedly there aro circumstances under which
tho patient could waive her rights and nominate another physi
cian. Such n waiver, however,, would have to bo made with
full knowledge of the facts. Tn Hid enso nt bar tho evidence
warrants tho conclusion that tho patient was required by, the
board of health to select another physician without legal cause
therefor. Whetherv.or not she was intimidated ,)y a threat to
send her to .Molokai as claimed in her testimony is immaterial,
as the conclusion can bo based wholly upniithc testimony of tho
keeper of the receiving station, called for the respondent in
rebuttal, who testified that ho. had told her, ihnt she had to
choose another doctor because Dr. Atcherley was not allowed to
come there again. Tho nomination of a second, doctor under
these circumstances cannot bo held to bo a waiver of her rights.
The order appealed from is affirmed. ,
I'. II '. Aslifonl for petitioner.
II'. L. U'hilitcji, Deputy Attorney General, and O. ,'. llcmen
ivuy. Attorney jletieral, for respondent.
COALING OF SHIPS
All But Washington Have
Taken Last Sack
All of tlio eminent of tlio second di
vision lano nutshcil cnallnK, with tlio!
except Ion of tho Wushlnctoii. Tho Int-1
tor will Im throimh this evclilnp nml j
will Boml Its first llhcity party nshoro. I
Tho Tenncssoo was tho first ship to
complete laying In Its coal supply,
and a liberty party camo afthnro last,
night. This mumliiK tlio California,
took on board tho lust sackful! nml
tho men were put at work, RcttlnK Iho
vessel Into Bhapo preparatory to com
From now until tho end of the stay
thcio wll bo dally liberty parlies from
nil of tho slilos. Tho hiHt of tho lib
erty men will havo to bo back on board
by 4 o'cock Wednesday evening.
Tho torncdo ilcstrorcra nro liclim
button back nto shape, nrtcr their,
stormy passage up from Pago I'ngo.
jjuru npin in meini uio nping painted
nml everything Is being put Into read
iness for tho run to Mngdntcaa Hay.
WIRELESS OUTFIT WILL
Tomorrow n rigger and equipment
will bo sent to Kainnlo. Island of Mo
lokai. nnd Iho work of refitting the,
wireless station will bo commenced nt
once. A week from tomorrow Man
ager Ilalch exacts to go over mid In
spect tho work.
It 1h now believed that It will bo
possible to havo tho station In opera
tion by tho first of Iho month. Tho
company rushing tho work along ns
lapldly as possible and cucry efTort
will bo niado to hn tho servlco start
on tho first If such a thing bo possible.
LINK HAVING GREAT
TIME, SAYS GEO. SEA
Deputy High Sheriff Ocorco Sea hss
returned from a trip lo Kiuinl, and hu
stiitoH that I. Ink McCundlcss Is4invlng
n groat time over there, .good crowds
attending his nieellngR and being re
ceived favorably on that Island. Ho
held a meeting at Hanapcpo last Tri
nity evening nnd nt Walincu on Sat
fleorgo Sea wan greatly attracted by
tho high quality or tho toads on tho
Island of Ktuinl, and he says that Iho
Itoad Supervisor, Walter Mcllryde,
should bo glum Iho greatest credit,
for Iho work ho has carried out
WATSON GETS MORE
Tho Matson tfavlgallon Company tp
quietly acquiring all tho waterfront
propei ly posslhlo In Hllo. wlm tho nv
blent view of piovldlug plenty r,r dock
spaco when ul Its stcnineis are In op
eration. This morning a document
was tiled with Iteglstrar Jlonlum
whereby II. Haekfcld sold two parrots
of land at Wabikea, Hllo, to Hit- Atr.l
son Navigation Company rm t.ie sum
Saturday, Oct. 24, 1908
MAGNIFICENT I0CAL AND FOR.
THE VOLCANO IN ALL ITS ERUP-
THE ROYAL FUNERAL OF PRINCE
Visit of the ATLANTIC FLEET
COALING PRESENTATION OF
A Splendid Scries of Foreign Pic
turesDramatic and .Humorous.
Ailmisslqn, S3 nml CO ceuh; Re
served Seats, 75 edits; for side nt
.Wall, Nichols Co.
Sale of Household Articles
Begins Monday, the 19th
63x90 Regular price, 65c; reduced to 55c
72x90 75c; ,, 65c
81x90 85c; 70c
90x90 95c; 80c
42x36 Reg. price 12 l-2c; reduced to 10c
45x36 Reg. price 18c; reduced" to 15c
All hemmed, ready for use
Reg. price, 10c; reduced to $ .90 doz
Reg. price, 12 l-2c; reduced to. $1.10 doz
Reg. price. 20c; reduced to $1.75 doz
Reg. price, - 30c; reduced to $2.85 doz
Whitney & Marsh
l!o Typewriter Operators
Use nothing but
Remington Carbons and Ribbons
as they are THE Standard for Quality in every respect.
Call in and see the new
Typewriter Adder & Substraotor
OFFICE SUPPLY CO., Ltd. - 931 Fort St.
EXCLUSIVE TERRITORIAL AGENTS FOR THE REM
INGTON TYPEWRITER CO., OF NEW YORK.
HlMftaMWCI t'"In' II !".' i 4. - JJLLX.' M -UgfS ""
The market's Best Table Butter
C. Q, Yee Hop & Co.
You save I
When you get
us to make
Our $25. suits
A pair of shoes that wears
long and keeps its shape
A shipment of up to dat .
Tan Shoe's for ladies was re- '
ceived per last S. S. Ala- !
L. AYAU SHOE CO.,
1005 NUUANU ST. NEAR KING ST.
GEO. A. MARTIN,
and cloth of A-l quality can be pur
McCANDLESS BLDG., r
P. 0. Box 081. Telephone 031.
385 editorial rooms iJfiG butt,
nest otflee. Tlieee are the new tel
ephone numbers of the Bulletin office.
I f f.
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