Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-27

ogden, Jan 27-The city court has
decided against Mayor Glasmann nj the
case wherein he was charged with hav'
ing violated the public health laws by
invading the pest house. The decision
was rendered by Judge Howell who Inn.
posed a fine Of $40 on the defendant
who gave notice OF an appeal TO the
district court,
THE DECISION.
This case has not been without Its
comic side at time, even ridiculous fea-
lures but the main issue Of the ques-
ton as to whether or not crime
against the state has been committed
can uever be anything but a serious
question. 1t Is probable that no W-
dlclal act could be more solemn for
tribunal of limited jurisdiction such as
this court than to convict hln VINO
Is the chief executive officer Of this city
&C the Nioation Of one Of those very
laws ne has sworn to uphold. YET u
would be monstrous for any man OF ms
exalted official position breaking a law
with mpunlty and going unpunished
by this court, by the law IN general
and the provision IN particular legis-
latye enactment expressing the SOW
preign will OF all the people OF this
state. All men are equal whatever be
their station in life. Qieyised statutes
of Utah see. MO
The Fact that there has been but few
proposed only this one prosecution un-
der tnls section IS AL the more rea-
son shy the violation OF Il should De
closely sorutluized, lest II be Thought
because ii remained inactive, II IL
Therefore without force.
II Is because Of the peculiar nature
Of the action and the Official position
accused That !, having ,aken SO rtch
time for deliberation, propose TO re-
view yurclully the facts taken here, and
us Is but natural the courts View Of I
docp not wholly coincide with that
of the prosecution or the defense, The
lacts as they appear at the trial arei
DIS TO lows.
ON rnurrday, Jan iG, 1902 there was
confined In the pesthouse belonging 30
Ogden city enc Thomas MOrrsey
whom TIC city physician, DR. Condor
had rlaced there hocau"o be heli'"oa
lie was suffering from that contagious
disease commonly caneu amunpoA, On
that same day the defendant, William
Glasmau in company with Sanitary
Inspector Power, made q visit 70 the
pesthouse and standing In The doorway
leading rom the hail into the room
where the patient was confined but
near enough to become objected with
the contagious disease IN There were
any therel ana standing there ne made
an GAMMA non OF the allent 10 de-.
termme Rhether or not he really had
The slud,lppN.
II Is doubtful whether or not every city
official. including the mayor, was NOT
found BY The city physician, he being
responsible in the Discrimination OF such
/ q matter aud " the mayor lacked con-
fidence In him HIS proper remedy was
To have appointed some one else and
not 90 indulge. IN contrary diagnosis.
The mayor had, however another mo-
tive In visiting the pest house He
wanted 10 become familiar with the
various departments of the government
of which he had so recently become the
head. and to determine II some OF the
city's institutions could not be more
economically administered--ail OF which
Is most praiseWorthy But there is al
ways a right and a wrong method In
accomplishing even useful end; and IN
this case the mayor certainly was in
the wrong.
The defense In this case, however re-
lied on city ordinance which pro-
yides that the mayor Is eX-ofiicio chair
man of the board Of health; and as
such he has the general direction OF the
operations of the city physician and
sanitary inspector, But this ordinance
means no more than It says He. the
mayor, has the general direction OF
them and supervision over them as eX-
ecutive OF the city administration he
must determine what In general Is the
health policy Of the city, He is not by
this ordinance given a license to prac-
tlce medicine He Is not to supersede
those officers or usurp their duties. re
is not even 10 interfere with the details
of their Offices There IL no authority
given him, either expressed or implied,
10 visit pest house without the re-
mining members Of the sanitary com
mittee. without consulting the city
physician, and without expert advice,
after what were the necessary preeau-
tons to be taken But even concedlng
that under the circumstances the de-
PENDANT as mayor had the right TO visit