The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-16
Complaint Will Aver that Institution
Is Being Maintained i'm Defiance
of New Statute.
INTERESTED CITIZENS MEET
RESIDENTS NEAR CITY HOSPITAL
WILL SUPPORT MRS. WATERS.
Pesthouse Should Have Been Closed
July 8 I'm Compliance with Law
DIR. JObes's Statement.

Because the city has not complied with
the law of the recent Legislature forbidding
the use of the pesthodse at the City Hospi-
tai after July 8, suit will be filed to-day
against the city of Indianapolis by Mrs.
Robert Waters, a property owner Of Max
well street, who owns a building and lot
within 175 feet of the pesthouse. The ac-
ton was determined upon at meeting last
night of residents and property owners
interested at the corner of Locke and Wal
nut streets.
The suit will be for a large sum, although
the exact amount not fixed last night.
The case has been put in the hands of the
law firm of Mcbride, Denny & Denny. 1t
will be filed in the Superior Court and may
be tried before Judge Carter.
Mrs. Waters will sue the city on the
ground that the value of her property and
the health of her family have been injured
by the proximity of the pesthouse on the
City Hospital grounds. In suing she ex-
presses not only her own feelings, it was
stated at the meeting last night, but also
the wishes of other residents and property
owners, who are determined that the pest
house shall not remain on the hospital
grounds day longer than it can be helped.
BASIS OF THE SUIT.
The complaint will aver that the pest
house is now being maintained in direct
violation of the act passed by the last
General Assembly relating to hospitals for
the treatment of infectious and contagious
disease in Indianapolis. This act was ap-
proved by the Governor March 8, and hav-
ing an emergency clause it went into effect
Immediately. The statute provided that no
institution of the kind specified could be
maintained within fifteen hundred feet of
a public dwelling or five hundred feet of a
dwelling house for a period longer than
four months after the act went into effect
In compliance with the law the pesthouse
should have closed July 3, and the COM
plaint will call attention to the fact that
IL has received and treated patients since
that time, and that it is now open for the
reception and care of smallpox patients.
The full text of the act under which suit
will be filed to-day is as follows:
The act under which the suit will be
brought to-day was passed by the recent
General Assembly. and was approved by
Governor Durbin March 9. 1t provides that
the pesthouse at the City Hospital could be
maintained there four months after the act
went into effect-that is to say, until July 3.
The act is follows:
THE PESTHOUSE ACT.
Section /. Be it enacted by the General
Assembly of the State of Indiana that in
all incorporated cities of the State having
a population of 10000 or more, according to
the last preceding United States census. it
shall be unlawful to erect or maintain any
pesthouse or hospital for the treatment of
infectious or contagious diseases within fif-
teen hundred feet of any public private
hospital now erected, or in the course of erec-
ton and construction, used or to be used for
the reception and treatment of patients and
persons not afflicted with contagious in
fectious diseases, or within fifteen hundred
feet of any public private school building
now erected and used for school purposes,
or within five hundred feet of any building
now used or occupied for residence purposes.
Provided that in all cases where any such
pesthouse or hospital for the treatment of
infectious or contagious diseases is now es-
tablished or maintained in any such city
within fifteen hundred feet of any public or
private hospital. or within fifteen hundred
feet of any such public private school
building, or within five hundred feet of any
building used or occupied for residence pur-
poses said pesthouse or hospital for the
treatment of infectious contagious dis
eases may be continued and used as such
for period of four months from and after
the taking effect OF this act.
Sec 3 Whereas. an emergency exists for
the immediate taking effect of this act. the
same shall be in force from and after its
passage
DIR. JOBES'S STATEMENT.
When asked about the matter last night
Superintendent Norman Jobes. of the City
Hospital. at once agreed that the Legislative
enactment closed the pesthouse July 3. He
said that he is familiar with the statute
and is aware that the pestnouse is now be-