Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-08-20
NOT CLERKS DUTY
State Board Of Health Makes an Inn
ortant Ruring in Respect to the Reg
isterins Of Births and Deaths -
Health Officer, Not City Clerk Must
Perform That Duty.

perform That Duty.
Des Moines, Aug. 20--The state board
of health. having taken legal advice on
the subject, has decided that the health
officer Getty physician) of Incorporated
towns must act as registrars of births
and deaths in their communities. The
secretary of the board has just furnish
ed the health officers of Iowa with this
decision. 1t relieves the clerks OF in
corporated towns of tremendous bur-
den which at first It was thought by
the state board would have to be inn
posed on them.
The state board says in its letter to
the health officers:
THE state board of health is con-
WINGED that the evident intent of the
legislature was, and the best interests
of the registration service demand, that
the health officers of towns as well as
Of cities, discharge the duties of regis
trar for their respective jurisdictions.
and the blanks and instructions will be
sent out accordingly. AS registrar for
agent of the state and of this board
for the collection and transmission to
the secretary of this board on the fifth
day of each month, all the births and
deaths occurring within your iurisdic-
ton for the month Immediately pre-
ceding. This service is not asked sim
ply as favor but it is imposed upon
you as a most important duty. Please
secure as far as possible the returns
from ] IS the report from the clerks
OF the siict court will not embrace
any births or deaths occurring later
than June 80. 1904"
The law requires the health officers
to appoint deputy and to receive and
transmit to the state board certificates
of births, deaths, burials. from physi-
clans, midwives coroners. undertakers,
etc.
Mayors to Help.
Not having the names of many of
the health officers of the state the
board of health has written to all
mayors of towns to make several i'm
portant requests. 1t seems that there
are towns in which no competent or
other physician has been appointed as
its health officer as required by section
256S of the code. Secretary Kennedy
says In his letter to the mayors:
This Office, with the concurrence OF
the secretary OF state. respectfully, but
earnestly make of you the three follow
Ing requests, believing that you will
promptly and with pleasure as an Off
cial and citizen, comply with the same:
First. II your city or town as a To-
cal board OF health has not yet ap-
pointed a health officer please do so at
once.
Second. When so appointed hand
the Enclosed papers to him, taking his
receipt for the same on the attached
blank.
Third. Return the receipt thus OBJ
tanned to the undersigned secretary for
which stamped return envelope is en-
closed"
Secretary Kennedy has been in
formed that an occasional physician
has declared that he will not comply
with the requirements of this law, be-
cause it is unconstitutional. In that 1t
requires a performance of a service
without any compensation. But fortu-
nately, he says, there is an Iowa
supreme court decision upon this
point. It was rendered under the for
mer provision requiring physicians and
midwives to report to the county clerk
all births and deaths occurring within
their practice. DR.. Hamilton of Mills
county refused to make these reports
on the grounds above cited. He was
tried In the district court and the case
later reached the supreme court. 1t Is
styled Robinson, clerk of Mills county,
vs. Hamilton"
After quoting from other decisions on
the points at issue, the court con-
cludes: "A physician should honestly
endeavor to obtain and report all in
formation required by the regulations
of the statute and the state board of
health. This Is his duty as citizen
and is imposed as an obligation by the
ethics Of the useful and honorable pro-
fession of which he is member"
Says DIR. Kennedy: 1.-The medical pro-
fession of the state is to be congratu-
lated upon this opportunity offered
them to assist In making Iowa one of
the foremost states in the union, SO
far as reliable registration of vital
statistics is concerned"
HOw,s Thisl
We offer One Hundred Dollars Reward fos