The Wichita daily eagle., 1901-06-02
GIBBONS WANTS OUT.
Doctor Has Filed Habeas Cor
pus Proceedings.
IN THE DISTRICT COURT
Is Now Guaranteed In the
City Pest House.
N THE DISTRICT COURT

I P. Campbell yesterday fled an appli-
cation for writ Of habeas corpus be-
fore Judge Dale that may prove more
than interesting. It is fled IN behalf Of
Or. william =. Gibbon, who claims 10
have been unlawfuIly imprisoned IN the
pest house Of this city. The application
was not subscribed by the amant, but
deposition signed by T. p. Campbell is
aled with the petition, and IN it Afr.
Campbell states that the sfiant did not
subscribe to IL for the reason that he
Eas prohibited doing so by Dr. Shuts.
Judge Dale set the case for hearing
aext Monday. and the outcome of the
ease VIII be watched with good deal Of
interest as some points Of law VIII be
raised that VIII interest not q few peO-
PIE. The question VIII be raised IS 70
whether the physician who holds the
presidency of the boGrd of health can
Quarantine other physicians who refuse
to comply with the rules Of the board.
II is understood that Mr. Campbell VIII
claim that his client was treating
patient at the Stock Yards hotel and
that the patient did not have the small
pox. but DR.. Shuts claimed he did and
uuarantncd the patient and his doctor
both. AIR. Campbell claims for his client
that he IS a regular physician. and as
such, that he is not fit ject for the
pest house when be has no disease.
Right here is where is going TO come
the interesting point, and /. 2. Campbell
VIII evidently ask DR. Shuts if his client
Is fit subject for the pest house be-
rause he called on a patient who had the
RmaupoX, how it comes that he and Or.
Jordan can visit the pest house and
then 60 wherever they please in the city;
hnd II they do not visit the pest house,
then what IS the use OF having a city
physician or president OF the board Of
health Thise questions may not come
up Just in that way, but that is the
way it was being talked about the court
house yesterday.
There are not many people IN the city
acquainted with DR. Glbb0n, for the rea-
son that he has not been very long In the
city. but he claims 10 be a reputable
physician Following is his petition in
This afant alleges that he is now.
and has been continually since May 29
1901, unlawfully restrained Of his liberty
by the city of Wichita and its police
Dhccr. Frank Burt, and by the board
Of health and members thereof. particu-
larly and especially one. DR.. j. W
Shuts. who appears to be in personal
charge and control of the pest house
.n said city. wherein this afiant is
Imprisoned and restrained Of his liberty
That the said Burt with the aid and
assistance of his certain subordinate
policemen. unlawfully arrested this aGl-
mt on the 18th day of May, 1901 with
put warrant or without any legal auth
ority IN writing or otherwise, and forcl-
bly cast him into the so-caHed pest house I
g here numerous persons were then and
fIr f-r.-- "a
diseased with contagious. obnoxious. /
and dangerous disease. commonly called /
smallpox. That the said Shuts, assumed /
10 be In charge said pest house. and /
acting under the direction and authority 1
ri the police officers OF said CITY does
in person. and by and through others of /
his appointees and subordinates acting |
under him, and by his direction. con6ne /
this afiant I'm said pest house against 4
his VIII, and thereby. uniawfalIy re- /
strain him of his liberty, and not only 4
does SO restrain him. but compens him /
10 live and remain along and with the /
said other persons so diseased as afOre- /
said
Afsnt alleges that he. this ahiant. is a I
pracuclng physician, and was at the tire /
be was so arrested and was engaged i1 1
the practice of his profession I'm the city /
of Wichita. that he Is graduate Of /
and holds diploma from the St Louis /
Missouri Medical College. and by tho 4
authority. O fWnich he was at the time /
he was arrested. aforesaid. and for more /
ten years prior thereto engaged I'm the /
lawful practice of medicine as a regular /
end duly authorized Dracucing physi- (
Cian.
That the afHant holds many high en- /
borsenents and approVals IS successful /
hnd honorable practitioner. and that he !
IS prepared Qualhed and ready To /
practice his said profession IN the city I