Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-04
WOODWARD EXPLAINS
SETS FORTH POSITION OF THE
HEALTH DEPARTMENT
In Respect to the Taking Of Personal
Bonds Convictions and
Sentences.

In response to an inquiry concerning sew
eral statements made by Police Court au-
thorities'' In an interview in The Star ON
Saturday, DR.. Woodward, the health om-
Ger, this morning made statement IN
which he clearly sets forth the position OF
the health department in regard to cases
Of violation of the health regulations
brought into the Police Court. DR.. Wood
ward said:
1T is to be regretted that your informant
did not acquaint himself with the circun-
stances attendant upon the taking OF per-
sonal bonds in the Police Court In cases
prosecuted by sanitary inspectors, or, II
already familiar with such circumstances,
that he did not succeed in making himself
better understood. No one familiar with
the facts could have suggested that the
taking of personal bonds was objected to
because 1t represented failure on the part
Of the Police Court to raise revenue for
the health department. The health de-
partment Is supported entirely by direct
appropriation from the general revenues OF
the District of Columbia and of the United
States, and has no more interest In the
amount of fines collected by the Police
Court than has every other branch of the
District government.
mo one familiar with the facts would
have suggested that the absence of sanitary
inspectors from the Police Court when cases
are called for trial in which they are pros
ecuting witnesses had anything to do with
the taking of personal bonds. When san
itary inspector is absent from court, under
the circumstances mentioned. the cause can
generally be discovered in the fact that he
has never been notified that the case Is to
be called for trial, and then 1t Is, OF course,
unreasonable to expect that he Will be pres
ent. The general course in such cases.
moreover, is for the court to continue or
to dismiss the case. Personal bonds do not
enter into the matter.
mo one familiar with the circumstances
attendant upon the taking of personal
bonds could have suggested such action
was based upon recommendations of SAM
tary inspectors. Sanitary inspectors make
no such recommendations.
THE health department does not say that
the practice Of taking personal bonds Is
improper, or even that the practice of TAX
Ing personal bonds to the extent to which
1t prevails is improper. These are matters
that must be determined entirely by the
proper officers of the Police Court. The
health department does say, however, that
the practice of taking personal bonds, pre-
vailing to the extent to which it now pre-
walls, does interfere with the work of the
health department. Out of 2S1 consecu-
utive recent cases in which judgments of
guilty were entered no punishment was i'm
posed in PA cases, but the personal bonds
of the guilty defendants were taken.
1T Is no sufficient answer to say that If
the defendant were fined or imprisoned in
stead of being required to give personal
bonds, the nuisance would remain una
bated. In occasional cases this may be
true. but matter of policy it would be
better to have the abatement Of a nuisance
occasionally delayed in this manner pend
ing the release Of the defendant from the
workhouse, and have his punishment serve
a warning to other obstinate or negli-
gent citizens, and to promote compliance
with health Office notices, than to secure
the immediate abatement of one nuisance
and to create at the same time the impress
sion among the neighbors and acquaint-
ances generally Of the defendant that 1t is
not essential to comply with a health Of
flee notice within the time fixed by the
health officer, but that 1t is sufficient, if
the nuisance be abated after prosecution
has been instituted. provided only it be
done before the defendant comes into court,
and that there Is a reasonable chance of es-
Gaping punishment even II 1t be not then
abated by obtaining a continuance of the
case in the Police Court for the purpose of
effecting abatement.
I'm the work of the health department
1t Is necessary not only that the interests
Of the defendant be considered, but also
the interests of his neighbors and from
the standpoint of the health department the
citizen who, after notice, continues beyond
a reasonable period to assault his neighbors
through the agency Of filthy premises, leaky
and overlooking outhouses, unnecessary
surface drainage and other similar condi-
lions. is as deserving Of punishment as the
to commit any other miSdemeanor
Whether, however, In practice 1t is possible
to carry out such policy is a matter that
must be determined by the Police Court
and concerning which the health depart
ment is silent"