The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-02-22

A point raised by Attorney D. w.
Lawler as to the legality of the board
of health may result in the discharge
OF c. w. Young, the osteopath, who
had hearing in police. court yester-
day on charge Of violating the quar-
antine law.
The charge was preferred by Health
Commissioner Ohage, being the result
OF DIR. Youngs treatment of the chill
dren Of Thomas Poucher, while the
latter's house was guaranteed for
diphtheria. 1t was charged that DIR.
Young, not being a licensed practi-
toner, had no authority to enter the
premises so long as they were under
quarantine.
After a number Of witnesses had
been examined, and it had been shown
beyond doubt that DR.. Young had en-
tered the residence while 1t was under
quarantine, that he had treated the
children suffering from diphtheria, and
that he had no license to practice med
ic1ne in Minnesota, Attorney Lawler
asked that the case be dismissed on the
ground that the health department had
no authority to make or enforce rules
regulating contagious diseases. Mr..
Lawler contended that st. Paul had
no board Of health, but q health de-
partment, while the statute under
which Young was arraigned gave a
of quarantine measures.
The city charter provides:
There Is hereby established an ex-
ecuttve department In the municipal
government of the city Of st. Paul,
Mimi, which shall be known as the
department of health, and shall en-
brace the commissioner of health, the
chief of police, the corporation attor-
ney and such other assistants and en-
ployes as are hereinafter provided for"
Attorney Lawler argued that this
department of health had never held
a meeting, never organized, had no
records and no secretary.
Says Ohage Has No Authority.
1T is urged on behalf of the defend
ant" said Mr.. Lawler, that DIR. Ohage,
the commissioner of health, has no
authority Independent Of this depart
ment of health to establish rules and
regulations governing the quarantine
ing of contagious diseases, and, while
the greatest respect and admiration Is
expressed for DR.. Ohage, the conduct
of his Office and the work upon which
1t is engaged, and no criticism is in the
least degree intimated in that regard,
1t Is claimed that before man can
be subjected to a criminal prosecution
for the violation Of rules Of the health
department, those rules must be shown
to have been adopted by the health de-
partment as constituted by the charter
and not merely by one member Of that
department. The same is true with
reference to the chief of police, who
has no power to establish rules for
the government of the police depart
ment; or with reference to the chief Of
the fire department, who has no power
to establish rules for the government
Of the fire department"
1t is also claimed by Mr.. Lawler that
there is no board of health within the
contemplation of the statutes of the
state which authorize boards of health
to forbid any person except medical
attendants and religious advisers Wis
1t1ng premises Quarantined for con-
tagious diseases.
Mr.. Lawler contended that the de-
PENDANT was a medical attendant with
In the meaning of the statute, for the
reason that the term medical attend
anti cannot be construed to mean IL
censed physicians alone, but included
others, such as nurses, druggists, mid