The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-06
Legality OF Quarantine Regulations.

To the Editor of the indianapolis Journal:
In Saturdays issue you publish the new
and more rigorous State Board of Health
quarantine regulations. one of which calls
for the isolation or quarantining of every
person suspected OF having been exposed"
to certain diseases on conveyances, four
teen days for smallpox suspects. twenty-one
for typhus, and so on, the sick ones to be
isolated and cared for at the expense of
the owner of the conveyance from which
they were removed.
The signs of the times the country over
certainly indicate that ii will soon be nee
essary for the whole subject to receive
journalistic ventilation and legal disnfec-
ton. The peculiar political organization
called board of health easily becomes
despotic unless scrutinized by a higher pow
err, the people because of the false enthusi-
asm which often causes its members to ex-
aggerate necessities. Thus il has happened
that in various parts of the country some
OF its interpretations have dwarfed into in
significance even the generous provisions of
our State. and national constitutions. II
drags to the pesthouse a sick woman from
the only place where she then wants to be
and belongs, her own home and bed, and
burns her clothing, bedding and furniture,
intensifying the disease and acknowledging
ignorance of effective aseptic procedures
1t forces poison into the body of every one
in violation OF the very foundation princi-
pie OF sanitary science which is the ex-
clusion Of every depressing and deleterious
substance. 1t deprives one of liberty, though
he has committed no crime, and has de-
clared that case of disease in one town
creates an exposure to all the people of
another a hundred miles away
Many abuses of power, or. rather, SELF
assumed power. could be cited, but 1t is
not my purpose TO criticise any particular
board, especially not our excellent one, or
to enlarge upon the subject. but merely to
call well-deserved attention to IL, for the
good of all, the boards included. Certain
lega. decisions have recently been rendered
which should become well known and warn
our State and local health officials TO act
ty or liberty are involved. Does our board,
for instance, seriously believe that the ex-
pense of caring for a sick passenger can
be thrown onto the carrier simply because
the quarantine rule, pubic opinion has in
dorsed reasonable quarantining of certain
sick, but the law recognizes the personal
rights OF the we'll. Last spring Health
| Commissioner Emery. OF Brooklyn, " Y
| ouarantined w. H. Smith, a teamster in his
| own stable, because OF supposed exposure 10
| corpus and retalated with a suit for dam
| ages against DR.. Emery personally. The
| Judge charged in Smiths favor. and the
Jury t on Pee one ays In erdet fSl
| Gaynor. in that city. In a test case. decided
| last May that the health department. did
not possess the power to vaccinate person
| against his will, or in any way compel hin
| to be vaccinated. The leading medical jour
| nal the New York Medical Record, vigor.
| ously upheld the Judge in his decision. Emf
| Schaefer, who had been SO treated. ther
sued DR.. II. l.. Schelling. of the department
| for forciole vaccination, and recently Sc
| cured a judgment of $500 The question Of
| the efficacy or futilty OF vaccination wa.
| not allowed TO enter into the case at ALL q
| being a simple question of personal rights
/ do not wish to be considered as criti
cising any local actions or conditions, pas
| or present, but simply call attention to TIT
| dangers that nothing compromising may b,
| unwittingiy done
w. j. CLARKE. NJ. ID.
Indianapolis. Jan. 4.