Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-24
CORTELYOU TO DECIDE
Deportation of Leper Early
Rests With Him.
NO EXISTING LAW APPLIES
Congress Gives Secretary of Treasury
Power to Rule on Diseases.
CORPORATION COUNSEL'S VIEW
North Cardinals Responsibility to Be
NO EXISTING LAW APPLIES
CORPORATION CoUNsEL'S VIEW
North Cardinals Responsibility to Be
Referred to Federal Authorities
by District Commissioners.

Under existing law the District of Co
lumbia cannot require the state Of North
Carolina. the home state OF John r. Early.
the leper. who is in isolation here, to re-
Ceive him.
A legal opinion to this effect was Sub
( Titted to the District Commissioners to-
day by Edward II. Thomas, corporation
counsel OF the District, who was asked
for this advice more than a week ago.
Whe.> the authorities of North Carolina
refused to receive the leper.
Upon receipt Of the opinion Commits
stone" Mcfarland announced that there Is
a question to be decided by the federal
NEUTRALITY-SUSPICIOUS. the Secretary of the
Treasury has the power, under the ACT
of 1893 to make regulations under wnicn
Early can It deported to the state of
North Carolina, and If that common
wealth can be required by the national
government 10 receive him or whether the
national government can provide in any
other way for his care and treatment.
Put Up to Cortelyou.
The Commissioners will refer this ques
ton to Secretary Cortelyou of the Treas
ury Department. Pending a decision they
will continue to care for Early.
In speaking of these questions and Of
the care of the leper today Commissioner
Mcfarland said
we will not know definitely that the
leper is to become a permanent ward Of
the District of Columbia until we have
heard from the Secretary OF the Treas
ury.
The health department has made Ear
ly perfectly comfortable At the same
time II has carefully executed the law
requiring a strict quarantine.
so long as the District OF Columbia
has to keep Early its duty will be per-
formed with due regard both for hui
manty and the safety Of the people.
The act of Congress regarding the
spread of conta gious diseases. in the
opinion of the corporation counsel pro-
vides that the surgeon general of the
marine hospital service of the United
States shall, Immediately after this act
takes effect, examine the quarantine reg
ulations of all state and municipal boards
of health. and shall under the direction
of the Secretary of the Treasury, CO.
operate with state and municipal boards
Of health in the execution and enforce
ment of the rules and regulations made
by the Secretary of the Treasury to pre-
vent the introduction of contagious or
infectious diseases into the United States
from foreign countries. and into one state
and territory or the District of Columbia
from another state or territory or the
District Of Columbia.
No Existing Law Applies.
Mr.. Thomas concluded his opinion as
follows:
The subject of interstate protection
from and prevention of the spread of con-
tagious diseases and the extraterritor1al
spread of cholera, yellow fever. smallpox
and plague, by the acts of 1890 and 1898
seem to be under the control of the led
eral authorities as to this District.
C,,I~ to hn optn Of
1893 Congress provided for the regula-
ton of contagious diseases within the
territory of the District of Columbia by
the act approved March 3. 1897. which ex-
presses its scope appropriately by the
title, viz; An act to prevent the spread
of contagious diseases in the District of
Columbia
This act does not provide. nor does
any other local law provide, for the in
voluntary deportation of a person suf-
fering from leprosy or other contagious
disease beyond the limits of the District
of Columbia; but its provisions are con-
fined to the regulation of such diseases
and persons suffering therefrom within
this jurisdiction.
Il know of no law, statutory or other-
wise, or charter right which gives the
District of Columbia or its health ohce
such authority.
NO rules and regulations on the sub
ject considered. as far as I am advised
have been made by the Secretary of the
Treasury Hence the question of their
enforcement by the health officer does not
arise.
1T is question to be decided by the
federal authorities whether the Secretary
of the Treasury has power under the act
of 1873 to make regulations under which
Early can be deported: and If SO. whether
the state of North Carolina can be re-
quired to receive him.