Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-17
LAW OF NO AVAIL
District Health Ordinances Severely
Criticised.
Question of Reporting Contagious Dis
eases at Issue-DOctOrs Fail
to Agree.

to the prevention of the spread of con-
tagious diseases. The remarks were made
when the case of DR.. Joseph NJ. Parker was
on trial. The doctor, it was charged. had
made q false certificate in relation to a case
of diphtheria in the Burger family.
Mr.. Mullowny. in stating the case to the
court, said that DR.. Drawbaush had at
tended the sick child and had reported it as
a case of diphtheria. The sign was put up,
but later, when DIR. Parker was called in.
he sent certificate to school that there
was no diphtheria in the family.
Mr.. Mullowny then read sections and
of the ordinance as applying to the case he
fore the court. Section 5 provides:
THAT no person shall visit or attend any
public or private school, or place of public
assemblage, or appear on the public streets
or in the parks, while affected with scarlet
fever or diphtheria, and any adult person.
parent or guardian of minor, convicted of
having knowingly violated the provisions of
this act shall, upon conviction. forfeit and
pay sum not less than five nor more than
fifty dollars: and it shall be the duty of
physicians while in attendance upon cases
of scarlet fever or diphthera to exercise
such reasonable precautions to prevent The
spread of the said diseases as may be pre-
scribed by the health officer OF the District
of Columbia in regulations.
The following section says:
THAT no person who has convalesced
from diphtheria or scarlet fever shall be
allowed to attend any public or private
school, seminary, or college until the at
tending physician shall have furnished
certificate that said patient has completely
recovf ed, and that there is no danger of
infection to other persons. All persons who
shall, after convalescing from diphtheria or
scarlet fever. visit schools, Summaries or
colleges. without providing themselves with
such certificates shall suffer the penalties
provided for in section l of this act
Can Not Tell.
DIR. Walsh of the health department. who
has charge of the bureau for the prevention
Of the spread of contagious diseases. was
the only witness examined
He testified that DIR. Drawbaugh had re-
ported a case Of diphtheria In the Burger
family. and later the defendant gave a GER
tificate to the effect that there was no such
sickness in the family
Witness said that the meteorological ex-
animation of a culture taken from the
throat of the sick child showed the presence
Of diphtheria.
could doctor tell from an examination
of a person whether or not that person had
the diphtheria:' Judge Miller asked.
NO. sir" responded DR. Walsh. Not
without a meteorological examination
Not positively
He cc.lld not?"
when We get case in court involving
the DOCTORS said the judge, we know less
than we did before. and it 4 wonder we are
able to tell whether a sick person has the
smallpox or cramps According to this tes-
timony. doctor will have to go around with
a walking laboratory in order to make ex
aminations and tell what is the matter with
his patients. Ana yet a doctor is required to
certify the true nature of a disease, when
the government says he doesn't know it. If
this is true. what do the doctors way back
in the country do? ana how" do they know
when a patient has The diphtheria?''
They don't know" said DR.. Walsh
.l1 dad h1a ILL.,
get there .. -ts~'.
Law of No Avail
Prosecuting Attorney Mullowny called
Judge Millers attention to the law He did
not see how he could claim a conviction I'M
der the ordinance
Judge Miller said he had never yet seen
health ordinance intended to meet an
emergency which really met it. Instead of
doing so, they generally cause trouble and
confusion They educate people in great big
terms which they can't swallow. and do no
good. This particular law seems to provide
a penalty for nothing. but no penalty for the
matters OF Importance.
1.-The law strictly construed said tho
prosecuting attorney. lis calculated to
spread rather than prevent the spread of
the disease 'rs
Under this law. the judge said, a child
without parent or guardian might roam
about the streets and public places with
out any restriction.
Judge Miller said it was with the greatest
reluctance in the world that he dismissed
this case.
IF a doctor can't tell when a person has
so dangerous disease as the diphtheria"
the judge said. 1.-The city is in bad way
and the sooner we get some measure to
protect the people the better The Jaw
should distinctly mention cases Of s1ls-
p.cion of contagious diseases. and the rules
governing its enforcement should be rigid.
And any person violating them should be
sent i Ia 10
ed, it accompishes nothing
Doctors Disagree.
Dr. Parker. interrupting, said: "Dr
Walsh says he can't tell a case of diph-
liberia without an examination, but l can"
Doctors ought to he able to tell it," the
judge remarked.
THEOLOGICAL examination is the only way
to determine it,
How long does it take to make this ex-
amination?
'Twenty-four hours" DR. Walsh an
swered.
And in the meanwhile remarked the
court, the whole town may become in
fected'
Judge Miller, continuing. said he ,bou.nt
that in alt cases where there is the slight
est supicion of such disease there should
be rigid rules enforced.
Another Case.
Mr. M!illowny said his attention had been
called to another alleged violation of this
Law, in which death from membraneou;
Group had not been reported as a case Of
diphtheria, but he haG some hesitancy
about giving the warrant. In this case a
well-known physician gave the certificate
and had not reported the case.
Il find" said Mr.. MullCwny, "that on one
hand a great many physicians say that
membraneous Group is diphtheria, while on
the other hand just as many say it is not"
DR.. Walsh said that from one case of
membraneous Group there We're five cases
of diphtheria, and also told of other SINH
lar cases.
Judge Miller. in concluding the case, re-
peatcd that it was with great reluctance
that he h.; q to dismiss the charge but he
had to do SO because the law was made
quate to meet the case. He sincerely hoped
the law would be amended to cover every
phase of contagious diseases, and said that
when doctors can't agree the laymen ought
to take the matter in their hands.
He Protests.
Secretary Martin of the Columbian Uni
versity appeared before the Commissioners
this afternoon to protest against any rail-
road running up 18th street past the uni
versity. A railroad there would. ne said,