The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-07-11

man and the restoration of his family
life.
But it seems to The Times best, in
view of the reports from New York,
to go slow at this crisis in the case.
The news is not clear. There is no
satisfactory evidence, so far, that
Early has been officially pronounced
free of faint. His physician touches
the spots supposed to be infectious. But
the dispatches leave it still in doubt If
that is to be taken as a certifcation
from the State board of health.
There comes from New York a re
iteration of Early's supposed purpose
to size the District Government. It
may be he viii take such action. But
if he does it may we'll be, likewise,
that it will cost him a large part of
the sympathy heretofore extended him
from responsive hearts throughout the
nation.
Early was extremely well cared for
in the District of Columbia. In other
communities men supposed to be
leprous have been held in solitary con
inement, fed on prison rations, and
locked away to die unknown and I'M
attended Early found here a real
home. access to his fellows, the dreest
possible association with his family
which conscientious health officers
thought compatible with the public
safety, congerial occupation in a work
shop and garden, and excellent food. It
lis no exaggeration to conclude that his
home here surpassed in every material
item, save freedom, that which he had
left behind him in North Carolina.
One question and only one question
lay behind the action of the local
health authorities 1t vas this:
What is required in the interest Of
the whole body of residents in the
Capitalg
The responsibility for answering
that CUES ion rested with the health
officer. If he proved himself hopelessly
incompetent in answering it Early
might be conceived to have some. basis
for action which the courts might
regard favorabIy. But only in that
event. And there is not in the whole
story of the Early case, as far as this
newspaper is able to read it, a single
indication of any incompetency what
ever.
Early was believed to be a leper.
Without assurance that the disease was
not communicable it was believed, fur
Their, that the public safety required his
isolation. Examinations Of cultures
taken from his body sustained that
position. A Danish doctor, drought here
as great expert, confirmed it. And
now it is denied by other doctors in
New York. That is the whole story as
it affects Early's announced purpose TO
sue.
The management OF health Office
! "a inc interest of the public Is almost
entirely a matter of discretion. The
courts have shown themselves every
where reluctant TO interfere in the
exercise of discretionary authority
That Is manifestly well; because the
moment the officials discretion Is sub
jected TO review there passes away the
right to hold the official responsible
for results.
If Early shall find his freedom in
New York then this newspaper and the
great bodr of its readers viii be SIN
cerely glad. But in that event, or in
any such event, it is hard to see any
basis for a suit at law. 1t is equally
hard to perceive in any facts SC far
brought to light any sufficient ground
for condemning the local health office
This is good time TO 90 slow in the
Early case.