The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-23
DOCTORS EXCITED
Death Of Child From Meningitis
ArOuses Them.
Refused All Treatment Except
Christian Science.
COLEMAN'S OPINION.
Attorney General Advises That
Parents Can Be Prosecuted.
State Board Of Health Consulted
by Baldwin People.
COLEMAN'S OPINION.

Christian Science and the doctors are
ia another conflict at Baldwin, KAN
and the state authorities have osea
called upon by the indignant people Ct
that locality to interfere in the case
and punish the parents of a little child
who was allowed to die Of meningitis
while under Christian Science treat
ment.
In response to a request for an opin-
ion on the subject, the attorney gen
eraI has advised DR.. S. J. Crumbine,
secretary of the state board of health,
that the county authorities Of Douglas
county should proceed to get evidence
against the parents of the child. and
prosecute the parents. 1t is likely thet
the charge under such circumstances,
In case the evidence was found suf-
dcient. would be that of murder.
The case was first brought to the
attention of DR.. Crumbine several
weeks ago The mayor Of Baldwin
City called up DR.. Crumbine by phone
and asked him whether or not the
state or county authorities had the
right to take charge of the child, and
give it medical treatment lie re2orF-
ed that the child was in very bad con-
ditiOn. and that the parents absolute
ly refused to accept the services OF a
physician He said that the people
Of the town were getting very much
excited about the case and were 7nN-
ious to save the child's life if posi-
BILE
Dr.. Crombine said that he thought
the only way would be to 90 before
the probate court and have a guardian
for the child appointed, and have the
guardian take charge Of the child. For
some reason this advice was not acted
upon, but a few days ago, DR.. 'Crun-
bine was again called by a DR.. Hi OF
Baldwin. who stated that he had been
in to see the child and that 1t would
certainly die, unless it had medical
treatment. The family still refused 10
permit the doctors to DO anything. Dr-
Hill wanted to know whether the form
of meningitis which the child had could
not be classed as a contagious disease,
In which case the county health auth
critics might have jurisdictions. DR..
Crumbine said that the form or dis
ease with which the child was suffer
ing could not be called contagious
disease.
About that time the county health
officer Of Douglas county Dr.. Arthur
w. Clark. of Lawrence, came down to
Baldwin to investigate the case. and
the child died the day he arrived
Public sentiment in that locality
was so much aroused that there was
a demand that the parents Of the child
be punished for their neglect They
asked DIR. Crumbine whether or not the
case could not be considered as coming
within the law regulating the control OF
epidemics, and Dr. Crumbine referred
the matter to the attorney general The
attorney general holds that there is
nothing to warrant action under the
law regulating epidemics but says that
the law does give the county authorities
the right to take charge of children
which are neglected by their parents.
The opinion says:
THE child should have been removed
by the authority of the sheriff, consta-
bic or police OFFICER of the county CT
city for treatment. Sections 2051 and
2O3S of the general statutes Of 1901 sup
ply ample authority for the conduct Of
such officers in such cases.
~ would suggest that if the matter
were carefully examined by the county
attorney Of the county in which the
outrage occurred that such officer
might find ample cause to prosecute
the parents of such child, who caused
or allowed the death Of the child"
Under such a strong ruling as this
st is likely that the county authorities
of Douglas county win commence pro-
ceedings against the parents Of the
child. 1t seems to be a clear case Of
Christian Science treatment and the
question will be whether such treat
T7entf' can be considered as sufficient