The New York herald., 1870-09-05
The SOCIAL EVIL IN COURT.
Board of Health Rules Declared imperative
nnd IileRnI-A Number OF Cyprians Ar
raigned and DISCHARGED.

raigned and DISCHARGED.
[From tho ST. Lous Republican, August 26.1
Twenty-Five or thirty cases of women who were
arrested under the Board Of Health rules, pre-
pared for the enforcement of the social evil Ord-
nance, came up for hearing before Mr.. Justice
Schooner at the Police Court yesterday. The
charges are composed OF two classes those in
violating the ordinance No. 1880, approved by
the City Council on the 9th of July, 1870, and
secondly, those in opposition to police rules that
have been passed by the Board of Health. Major
McGinness, after sickness of two weeks, took his
accustomed seat as City Attorney. The following
demOiselles were arraigned irst:-
Jane Wheatley, Lizzie Campbell, Emily Davis,
Viola Greene, Hattie Evans, Eliza Jones Emma
johnson, Jane Gourd, Kate Lewis, Lizzie Jones,
Celia Coleman, Elleta Alexander and Lizzie Hop
section three of the Board of Health Police rules,
providing that no member Of the deni-monde
"shall ride in an open carriage, or in any manner
make undue display of her person in the day time
in any public place in the city, nor shall such stop
at or visit drinking saloons"
Lou Delsonta, Mollie Crane, Annie Williams and
Jennie Williams were arraigned on a
charge of violating section two Of the
monde class of women standing or ap-
pearing at the open door or window of any bawdy
house or house of assignation within this city;
neither shall they, by word or sign or action, ply
their vocation on the streets or in any public
place."
Major McGinness said that, as city attorney. he
did not believe it was his dutyito enforce anything
plainly not lawful. He did not pretend to say
whether the rules were constitutional or not. It
was not his duty to say whether the ipse dixi Of
this or that person was law. The Police Commits
sioners, by section four Of the ordinance, had
power to suppress any house not complying with
the provisions Of the said rules, but they had no
power to order windows to be closed, to shut
houses or to prevent cOurtezans from riding in
carriages. The ordinance was passed as sani.
tary measure and not as part Of the police regu
lations. He believed the first three police rules
Of the Board Of Health were imperative and void,
The defendants were accordingly discharged.
VIOLATING THE ORDINANCE.
Sahina Wilson, Sarena Wilson, Rachel johnson
and Molie Davis we're charged with violating the
third section of the city ordinance No. 1880,
The said Board of Health shall divide the city
into districts, and for each district appoint a
regular physician, whose duty it shall be to visit
at least once week each of the houses of ill fame
in his district list of these, together with O
list of all prostitutes and their places of living,
shall be furnished to him by the Board of Health
for his sole use and inspection. Such physician
shall there carefully inquire into the sanitary con-
diton of the prostitute and. if necessary, subject
them to an examination shall make all necessary
orders and give all proper directions for their
sanitary management. He may order the
removal Of any Of the inmates to the hospital,
and in cases where there is danger of infection
he shall order such removal such action as
shall remove such danger. He shall furnish
weekly a full report of his action and Of
the condition of all snch houses and their inmates
to said board of health. The keeper or per-
son in charge Of every such house or room shall
pay to such physician the of one dollar for
each such inmate weekly, which money shall be
delivered to the clerk of the Board Of Health. sub
lect to the Order of said Board. Any person vio-
lating or disobeying the order Of such physician,
or obstructng, hindering or preventing him from
discharging his dnties shall be deemed guilty of
misdemeanor, and be fined not less than twenty
ty dollars, provided that any person may within
three days, in writing after its issue appeal from
any order OF said physician to the Board Of Health,
which shall thereupon grant a hearing to such
person. and its action thereon shall be final in the
premises, and disobedience Of any order therein
made be punishable as in this section provided.
The counsel for the defence said those were diff
ferent from the cases coming up under the Board
Of Health rules. The question of the validity of
the ordinance itself would come up. A portion
Of the ordinance he believed to be valid; other
portions he thought neither the Council nor the
Legislature had right to pass. He moved dis
missa of the cases.
This the justice declined to do, but took them
under advsement until Saturday.