Evening star., 1909-06-14

Soun would not he disinterested as a
member of the board.
For the same reason. he thinks. DR..
Bulkley should not he appointed ny tarlN-
Roth physicians would be interested IN
sustaining their diagnosis, whereas the
opinion Of three entirely disinterested
physicians is desired.
AS an alternate proposition. fealth VI
ficer Woodward says he is willing 10
have the matter submitted to DIR. Walter
Wvman. surgeon general of the public
health and marine hospital service. III.
Wyman could call in whatever experts
he desired and then decide whether or
not the quarantined patient j. suffering
from leprosy.
In a statement which he gave out yes
terday Health officer Woodward takes
exception to some o. the assertions
which DIR. Rulkley is quoted in The
Sunday Star as making in New YORK
Saturday.
Views of Health Office.
Outlining the position of the health
offica in the matter DIR. Woodward SAYS:
The health department has been will
ing ever since Early came under its su-
pcrvision that ne should be examined
by any reputable physician: and beyond
insisting that any physician desirous Of
consent before the health officer would
authorize the examination. the health
department has placed no obstacle in the
way of making such examinations. The
difficulty now. however. Is that Early.
acting under Dr. Rulklcys influence. re-
fuses 10 he examined by any one other
than Dr. Bulklcy.
M the time Of pr. Bulkley's visit to
Washington June | urged him to use
his influence over Early 10 induce him
to submit to an examination by disin-
ttreSted physicians. but this DIR. Bulk
ley refused 10 do Since that date
have offered to submit the case abso-
lutcly to the surgeon general of the
public health and marine hospital serv-
Ice for determination as to its exact
character. or 10 submit il to any three
reputable physicians practically familiar
with leprosy. one 10 he selected by Early
and one by the health officer. and these
two 10 select the third
In making these propositions |
agreed that should the finding in either
case be that Early is 4 leper I
would cooperate with Early and his
friends 10 the best Of my ability 10 have
him removed to any jurisdiction willing
to receive him and to which he might
desire to go. OF course. If the finding
should he that he had not leprosy he
would he at liberty to go wherever and
whenever he pleased. No reply has been
made 10 either of these propositions al
though ample time has elapsed for an
The desire on the part Of the health
officer to have Early examined further be
fore he Is allowed to leave the District
is not based on any doubt as To the cor
rectneSS of the diagnosis that local rhysi-
clans have made. nor upon personal or
professional pride. II is based solely
upon the necessity for putting the Dis
trict into a position to protect Its rights
should the threat that has been, made
by or on behalf of Early to sue for dam
ages be put INTO execution after Earlys
removal to New York city or elsewhere.
Law Offers Remedy.
IF Early is being unlawfully detained
he has a prompt and efficient legal rem
edy at hand now in the form of writ
of habeas corpus. and he can use that
remedy, and if successful follow it by
suit for damages. The trouble seems to
be, however, that in order to obtain his
freedom under a writ of habeaS corpus
ii would be necessary for him to eStab
lish the fact that lie is not q leper: and
lie apparently realizes that So long as he
is within the jurisdiction of the local
courts and subject. If he makes applica
tion for a writ of habeaS corpus, to conf
pulsory physical examination, il would be
difficult even impossible TO prove that
he is not suffering from the disease
named
If. on the other hand. Early is al
lowed to go to another jurisdiction with
corpus he might then bring suit under
conditions under which it would he diff
--cult IL not impossible to compel him to
be examined. and upon such examination
expert evidence necessary to the proper
defense of the case should be based,
and II would certainly be unnecessarily
expensive for the District to obtain such
evidence. Hence, even if satisfactory
evidence We're presented to show that
the authorities of the state and city
of New York We're willing that Early
should come there the health officer
would have to insist that he submit to
examination by disinterested physicians
before being a party to the transfer.
The significance of Early's unwilling
ness to be examined by disinterested and
competent experts and the significance of
DR. Bulkley's unwillingneSs to use his in
fiuence to induce him to be so examined,
the public is doubtless able to determine
for itself
THE health officer has no possible per-
sonal motive in desiring to keep Early
in the District of Columbia; on the con-
trary, Early's removal in any proper
way TO any other jurisdiction would re-
Geve him from annoyance. care and re-
sponsibility- The health officer has, how
ever, under the law a duty to perform
with respect to the case, and he intends
TO perform it
Mrs. Early in New York.
Mrs. Early left Saturday night for New
York city in connection with the efforts
being made to remove her husband to
hospital there II is believed that she
desires to have legal representative in
the metropolis To work to secure the
necessary permission from the health Of
tic:als OF the state and city of New
York for Early TO come into their ju-
risdiction
II is not improbable that Mrs Early
Will go TO Albany to consult with the
state health authorities regarding their