The Washington times., 1894-06-23
HAMpERED BY A POOR LAW
Health Officer Compelled to Play a
Big Game Of Bluff.
HAMMETT ON THE SITUATION
He Cannot Make People Connect Their Prem
isss with Sewers or Abate stagnant Pools
Unless They Choose-Powerless to Enforce
Sanitary Measures.

1t Is a lamentable condition OF affair when the
authorities Of the health department are COM
| PEELED to resort to swagger and bluff 10 secure
from citizens concessions that are imperative
for the general health of the city. Nevertheless,
this is the condition of affairs just at present,
and Health Oficer Hammett, in speaking of the
matter yesterday, said:
ave are handicapped in several cases by i'm
proper legislation, and you can readily see that
when we see what is imperative for the assur-
ance of the public health We will do all in our
power to secure it The result is that we have
developed into buffers who prey the ignor-
ance OF the citizens, and when we do find one
person who knows enough about the law to go
into court and fight us we are always defeated
That is very disheartening, don't you see, and Is
not apt TO make us overzealous incur work"
This statement was made by DIR. Hammett in
reply to q question asked relative TO his ability
to make persons having closets on their prem-
SOS connect with sewers. The whole matter that
led up to the question originated at a meeting
of the Medical Society Of the District one night
this week During the business that came be-
fore the meeting was report made by one OF
the physicians in-which he spoke Of an investi-
CATION that he had made in the alleys and back
streets OF the city, and commented on the aw-
full condition that he had found many of the
places to be In owing TO imperfect closet facili-
ties He then went on TO arraign the health Of
fcer for negligence in allowing these places TO
exist He was replied TO by another member of
the body, who made the startling statement that
the health officer was powerless to remedy the
evil, and that when any of these closets were re-
moved by the order of the health officer the
persons who obeyed the order did so owing to
their ignorance of the fact that there was no law
that compelled them 10 do so, and that the order
on the part of the health officer was clean
"blud" This was startling claim, and led TO
inquiries being made that showed an even more
surprising state of affairs regards the power
of the department TO protect the public health
from one Of the greatest Iisease-breeding factors
In the city
THE LAW IN THE CASE.
DR. Hammett said in speaking Of the matter:
ave obtain our power to enforce the law relative
to these closets from section 20 of the health laws
Of the District Now the law reads as follows:
"'Ihat any privy within the cities of Washing
ton and Georgetown, or the densey populated
suburbs of said cities, including Uniontown and
Anacostia and Mount Pleasan in the District of
Columbia, constructed of any other material
than brick, stone, wood, or which is not pro-
yided with sufficient box, bucket or vessel for
the reception of filth, and the inside of which is
not at least fve feet from the line of any adjoin
ing lot, and at least two feet distant from any
street, lane, alley camp, or other public place,
or private passageway; and any privy so con-
structed that 1t cannot be conveniently ap-
preached or cleaned, or in such a manner that
each and every vault, box, or vessel thereof is
not made tight and close, so that the contents
thereof cannot escape therefroIn, except as may
be permitted by a passageway or conduit under
ground for the purpose OF carrying away such
contents of such box, vessel, or vault INTO any
common sewer or drain, is hereby declared a
nuisance injurious to health: and any person
who shall create or maintain or continue such
nuisance, and shall fail, after due notice from
this board, to abate or remedy the same, shall
upon conviction be fined not less than s5 nor
more than S25 for every offense.'
snow" said DR.. Hammett, you can see where
We are handicapped. As every body knows, these
closets are a menace to public health, but what
is to be done? There the law gives them the
absolute right 10 maintain a disease breeding
nuisance on their place if they only box il up.
II We were to lay sewers all around them and
then asked them to connect with the drains
they could refuse il they wished and could not
lay a hand on them.
PowERLEss TO ACT.
mo one is more bitter against these spots than
am, and last year started war on them and
succeeded in getting about /, 100 Of them wiped
out Whenever a man saw fit to fight me had
to simply lay down my hands We took several
cases into court, but the law was evident that
We were at once thrown out unceremonously. |
can show hundred instances where it was i'm
peretive that these spots should be eliminated
for the general health of the public, and after
being defeated in our attempt to get rid of them,
cases of diseases have been directly traceable TO
them
Il was accused up there In the society of
leniency In dealing with cases that were really
grave. will give you sample of that leniency.
] found two very bad spots. / notified the owners
to get rid of the closets or make a sewerage con-
nection. The ten days elapsed and no attention
was paid to the matter. At the end of that time
a prominent real estate man came in and asked
me what intended to do owing TO the fact that
my orders had not been complied with. said
that intended TO get warrant and take the
matter into court and have the offenders fined
Then he told me that the persons in question
were two old women who had not dollar in the
world and lived a scanty income of SiI a
month ! told him that the facts did not alter
my intention, and that the health of the city de-
manded it. Then he laughed at me and showed
me that law which have just quoted Then
sa that my bluff would not 60 any farther, and
/ was compelled TO back down. That was my
..Now take the subject of stagnant pools. No
one is more bitter against them than am, but
] am powerless. i have succeeded in having a |
great many of them filled up and in other in |
stances have been defeated in my plans. Now |
take this law. 1t reads all right as il says:
" Section T. That stagnant water upon any
or lot within the cities of Washington or
Georgetown, or the more densely populated sub |
urbs of the same. and any marshy land, the |
same being made so by defective drainage or |
are hereby declared nuisances in |
furious TO public health; and any person caus-
ing, creating, or maintaining such nuisances,
who shall after due notice from this board re- |
fuse to abate the same shall, upon conviction, |
be fined not less than $40 nor more than SlO0 for
each ofense.
NOT LEG TO STAND on.
with this law in their hands and ask why have |
not done so and so in getting rid of certain
pools in the District Clearly the law
gives me the power, but TO any one who will |
look back to the preamble indorsed by Com |
gress they will at once read the following sec |
tion:
".Resolved, That the ordinances of the late |
board of health of the District Of Columbia, as |
revised, amended. and adopted, be legaized, |
save sections :, ., and IA, which sections not
hereby legalized'
Now you can see where that leaves me- said |
DR. Hammett Il have not leg left to stand on,
and then the result as | see these things are |
needed SO badly and l then resort to bluff
Il will tell you of one instance. When Coxeys |
army took up its camp on the lot at First and VI /
streets southwest, ordered them TO drain the |
lot They did Then in desperation ! ordered |
them to move, for knew the place was a pest |
hole. They demonstrated and stated that they |
had obeyed the statute b. filling up the place |
and draining it, turned camly to the owner Of |
the place, and said:
"'How many drains did you put in.' He re-
piled that he had put in only one. / then asked |
nim how many lots he had there He told me !
here were eighty lots all surveyed and divided /
of. Then said that he must lay eighty sewers |