The Washington herald., 1908-09-05


Iumbia may call upon the state Of North
Carolina TO show cause why It should
not receive the afflicted man within its
bounds
If this action is taken. and il is eX-
pected il VIII De. the proceedings viii
be unique. IN that no similar suit has
ever been instituted by the District
OF Columbia. Disputes between States
are frequent. but 10 the present time the
District has had no disagreement with
any state which would warrant recourse
20 the highest tribunal in the country
North Carolina, the birthplace and
legal residence Of John Early. refuses 10
allow him 70 return home, and officials
Of the state declare Mrs Early and her
baby VIII be Immediately Quarantined
Il they pass into the Commonwealth
Form of Procedure
What form of proceeding VIII be in
stituted has not yet been determined 10y
the District authorities. Law officers of
the District are making an investigation
of the statutes. and believe the supreme
Court Of the United States would have
jurisdiction. as this case Is equivalent TO
a controversy between States The SU-
preme Court OF the United States has
jurisdiction il sucn cases. under the
provisions Of Article Of the Constitu-
ton Of the United States
The North Carolina authorities base
their action on the opinion Of Acting At
tornsy General Hoyden Clement, which
Is in part as follows
The leper now qUarautined in the Dis
urict Of Columbia could not be received by
North Carolina. and his wife who Is with
him. must be ouarantined indefinitely By
the health board Of Polk County. in case
she returns 20 her home in the town Of
Lynn.
In his opinion. Acting Attorney General
Clement saws there would be considerable
danger in Transporting the leper 10 North
Carolina He declares the disease became
apparent IN Washington. and that North
Carolina Is not called upon 10 care for
citizens taken il 90 another state or Ter
ritory IN the United States. beyond the
bounds of the Commonwealth
8Ir. Clement concludes his opinion by
saying that Ea-ly is a discharged soldier
Of the United States, contracted the dis
ease from which he IS now suffering IN
the service OF the United States, and u Is
the duty of the Federal government %
take care Of him
Decision ~ 10 Check.
Whether Early gets the Sl4s check due
him as retired United States soldier
sens now q. depend entirely upon the
final decision of the board OF governors Of
the Soldiers Home Should the officials
Of the institution consent 10 accept Early
as an innate the money due him VIII be
paid 20 his wife through the governor OF
the home for the maintenance OF herself
and child II it is finally decided that
Early is ineligible for admission To the
home Conmissioner Of Pensions Warner
- does not at present see any other way ot
paying the pension
Health Of1cer Harry Mclean is Of the
opinion that the beard at the institution
viii act uEfavorably on the matter Of
Early-s admission He believes the na.
1ure Of Ea-ly-s affection Is such as Il
make II dangerous FOR officials at IN.
home 10 allow him entrance. principally
because of the large number Of old sol
diers constantly wandering about Tbs
grounds. VINO might come in contact Wit
the Ieper-
There Is no place in the District
said Health Officer Mclean. where EarI7
could be better located than his present site
I hardly believe the Soldiers Home au
rhorities viii care 10 run the risk attend
ant on the admission of Early 70 thei
INSTITUTION. ana AN aA4lLLDL assume Ll
responsibility for his care and treatment
Should he be admitted il viii O.
course, be 6 great benefit TO the loca
health Office But I am much afraid h
VIII be kept out
Early's vile yesterday visited the ne7
cottage. near the jail where she Is sool
10 take up her residence Accompanied b,
Adjt- Wiseman- OF the Salvation Army
and her mother. Mrs Early inspected III
home and T.s-aefr -
with il
The furniture was selected bv one O
the officers Of the Salvation Army. an
viii probably be moved out TO the cot
tsge this afternoon When Mrs. Earl
VIII take possession has not vet been set
tied. she VIII. perhaps. enter her HON
tomorrow night
Mrs Early Is Satisfied.
Mrs Early has resigned herself Z
whatever fate may befau her husband
She Is determined on only one thing
that she VIII be with him 10 share hi
trouble wherever he is sent
Apparently. nothing has been decide
upon regarding my husbands pension.
she said last night, "and 1 am, there
Tore. dislncIined TO express an opinio
concerning the merits Of the case.
I believe Commissioner Warner is q
honest man. VINO VIII take every mean
known 70 him 20 obtain for Mr. Earl
the money due him II It is found IN
possible 70 get my husband the pension
I shall not worry. He IS being wen care
for. and I know he viii not be N want
Ms Early said not matter where hs
husband was finally sent, she was 7,
solved 10 be with him
He needs my presence every hour.
she said. and my place is by his side
At meeting Of representatives froi
the several camps Of the Army an
Navy Union. at G. A r Hall Ia,
night, Early was elected q member
that organization William A Hicke
stood proxy for Early Tomorrow
committee from the national body vi
visit Early at his camp, and inform hi
OF the action taken.
Problem Is Solved.
What is believed to be the final sol,
ton OF the problem confronting the PEI
sion OfhCe as 10 how to pay John Ear
the money due him was reached Ia
night, when Dr. Mclean. acting heal
officer Of the District, announced the
was no danger in allowing papers ha1
died by the leper TO go into circulate,
after they were disinfected-
In an effort 10 discover whether
would be possible to send papers. bandI,
by Early through the mails, Peus;s
Agent J. r. King yesterday inquir,
whether the Post-ofsice Department vTo1i
be willing 10 deliver documents viii,
had passed through the hands Of 4
Ieper