The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-22
SMALLPOX NEWS.
Decision that Afflicted Persons May Be FOrci-
bly, Removed to the PeSt-HOuse.

Yesterday morning DR.. Henthorne's attention
was called to the case of Matilda Allen, cook at
Kings restaurant on West Washington street,
who was circulating about freely. He and DR..
Wishard examined the woman and decided that
she had the smallpox. They locked her up in a
room and went out TO order the wagon to take
her to the pest-house. Before it arrived, how
ever, she made her escape and called upon a
neighboring doctor, who told her that she had
the smallpox, and then she went to her home.
room No. 2S, Circle Hall, where a number of
families live. She was removed to the pest
house last night.
William Hunter, No. S8 Kentucky avenue.
was found to be suffering from the disease, yes
terday, and was sent to the pest-house.
THE POWERS OF HEALTH OFFICERS.
In answer to questions, City Attorney Denny
yesterday gave the Board of Health the follow
ing opinion regarding the right of the authori-
ties to compel smallpox patients to go to the
pest-house:
Moses II. Runnels. NJ. D.: Sir-You PROFOUND two
questions for my opinion, viz:
u. Can the Board of Health compel the removal
of smallpox patients to the smallpox hospital?
'2. Is it at the discretion of the Board of Health
whether smallpox patients shall, or shall not be, re
moved to the pest-house or smallpox hospital2'
In the few minutes 1 have been given to investigate
the questions and make my answers, l cannot state my
reasons at length. The Legislature has conferred upon
the city. through her Common Council. the power to
establish e board of health, and to invest it with the
necessary power to attain its object"
The power conferred by this language could hardly
be broader. it seems to me. What has our City Coun-
ell done under the power thus granted!
Section 6, of an ordinance passed July 2, 1873,
provides, that lit shall be the duty of the physician
(of the hospital for contagious Diseases to receive,
and properly treat and care for all persons who may
be sent to the said institution by the Board of Health,
or by the direction of said city. Should the physician
obtain information that there are any persons suffer
ing from disease in said city, who should properly be
placed in such pest-house, it should be his duty to re-
port such cases. forthwith. to the president of the
Board of Health, and should such
officer deem it necessary that such
experimenting physician shall, without delay, cause
such sick person to be conveyed to such institution"
This language is also very plain, and is broad
enough to answer your first question IN the ahirma-
tive.
l find no discretion vested in any one else than the
Board of Health as to whether persons afflicted with
infectious diseases shall 30 sent to the pest-house or
not, and [ therefore answer your second question in
the affirmative also, on the authority of the language
used in the ordinance above quoted. Indeed, the or
ganization Of a board of health would naturally carry
with it a broad discretion, and also a broad power,
even without specific provisions defining its powers
and duties; but here we have full and explicit provis-
ions on the subjects inquired about. l find, upon a
hasty glance at the digest of adiudicsted cases bear
ing upon the questions of health and the powers
of State and municipal governments to prevent the
spread of residential diseases, that the courts have al
most uniformly given the most liberal construction to
statutes and ordinances looking to the public health,
especially in populous cities.
/ have very little doubt but that our courts would
hold, under the statute and the ordinance above set
out, that the superiutending physician at the pest
house. when directed by the president Of your board,
has the right to remove a smallpox patient from his or
her home in the city; against his or her protest and
that of the family or friends, and that he will be up
held in exercising the necessary power to do so. In
such a case, the feelings Of the patient and family