The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-11-26
THE CHOLERA FUND CASE.
state Health Board Trying to Prove That
They Needed the Money

The hearing Of the Injunction case, by
which an attempt is being I'D ade to pre-
vent the state board Of health from
grabbing what is left of the $4,000
cholera fund, Is in progress IN the dis
trict court today before Judge z. T.
Captain J. G. Wate il handling the
case for the state q the board Of health
and Dr. IL A. ID kes, ecretary' Or the
board, Is being rep-ssented by Judge
Frank Doster, F. T. Hardness Of Clay
Center, Attorney General elect f. T.
Dawes and Assistant Attorney General
George w. Clark.
w hen the case was called this morn
ing Drs B. J.. Eastman. W. S. Lindsey,
II. A Lewis. F. ". Bailey and II. W.
hoby were sworn Is witnesses for the
stare.
DR.. Eastman was the first witness put
on the stand. and he testified that 70 the
best Of his knowledge there has not been
cholera in this country nor any threat
eLed invasion Of cholera since two years
ago this fall
On cross examination. Judge Frank
Doster produced copy Of Abstracts
from Medical Journals" compiled by the
Marine pital association, and showed
that case Of cholera was reported al
Jersey City last fall. one year ago.
DR.. W. ;. Lindsey SAID the country IS
we'll protected from invasions By cholera
by the ht alth boards and quarantine
services Of our ports Of entry and that il
there was a threatened invasion Of choi-
era he would know about it inside Of u
hours.
All Of the witnesses examined said
they relied on the the daily newspapers
to furnish them with the hrst informa-
ton Of any invasion or threatened inya-
sion of cholera
DR. Lindsey, DR. Lewis and DR.. Bailey
the county coroner. ali agreed that there
ia
the year Of 1894 and that if there should
be, they would know about it inside of
Ewenty-four hours at the outside.
When Dr. II. ". Roby, one Of the mem
bers of the state board of health was
called to the witness stand to testify IN
the case against the using Of the cholera
fund, broad smile spread over the face
Of DR.. Dykes and Judge Doster looked
pleasant for almost 2 minute
After Captain " aters asked DR.. Roby
if there had been any threatened inva-
sion of cholera in Kansas, or Of the
United States, during the year 1894. DR.
R0by had answered No Judge DOster
took the witness for ross-examination.
Judge Doster asked DR.. Roby if he
had not signed a document. in his offic-
ial capacity member Of the state
board of health, during last year asking
the state executive council TO allow the
use Of part Of this cholera fund TO pre-
vent cholera efIecting an entrance into
Kansas.
DR.. ROby said he remembered having
signed such paper, but that he signed
it under a apprehension Of the real
objects Of the matter. lie then explain
ed that the gentleman who asked him To
sign it represented that as the state board
Of health and the state executive
council do not hold frequent meetings
and as cholera if 1t would appear would
be likely 10 come quickly and should be
dealt with quickly it would be the proper
thing to have part Of that fund where
it could be used in case Of an emergency.
DR. 2oby said he afterwards satisfied
himself that that was not the real object
Of the document which he had signed
and he would Tot have signed it had he
known its real object
The state rested its case with the con
cIusion Of DR.. Robys testimony.
For the defense, Judge Doster first in
tr0duced the document he had produced
while DR.. Eastman was on the stand. to
show that there had been one case Of
cholera al Jersey City.
He then introduced as evidence letters
from the secretaries Of the state boards
OF health of New Hampshire, PennsyIva-
MA and Tennessee TO show that it is al
ways necessary for boards of health in
the interior states TO take precaution to
prevent cholera. According to these
documents this country is liable at any
moment to be swept away with cholera.
The case has not yet been concluded