The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-12-31
FAVOR QUARANTINE
IN M|SSOULA
CITY AND COUNTY OFFICIALS
WISH NO cHANGE-GA-
LENS DECISION.

That Missoula county and the city
AS well will fall into line with Cas-
caae county in the establishing of a
quarantine against smallpox after the
beginning Of the new year is a GER
tainty, according to city and county
officials. As matter of fact, the
smallpox situation in Mssoula right
now is not nearly as dangerous as is
commonly believed. although condi-
tons might be bettered. Yesterday
!! Health Marshal May said that there
were Is or rs cases within the city
limits and a dozen at the pesthouse.
/ Last year at this time said Mr.
May. there, were one hundred cases
of smallpox at the pesthouse alone.
| Today / received a letter from the
state board of health advising me Of
the recent decision of the attorney
/ general and the right it gives cities
and counties to establish guarantees.
| intend to keep on quarantining
smallpox cases after the first of the
year. unless somebody tells me to
stop
Favor Isolation.
Mayor Logan said yesterday that
he had no intention of instructing the
health marshal to cease quarantining
and Chairman curran of the board
of county commissioners expressed
himself as favoring the retaining of
restrictive measures. II am in favor
Of having things remain as they are
now" said Mr.. Curran. Its seems to
he what the people want" He went
on to say that the board had not dis
cussed the matter In IA formal way and
that he was speaking for himself
alone.
The Opinion.
The following is the opinion of At
torney General Galen, addressed to
DR. r. ID. Tnttle, secretary of the
state board of health:
Dear Sir-I am in receipt of your
letter OF the Goth instant. submitting
for the consideration OF this office the
question:
Has a local or county board OF
health. under the law. authority to
establish quarantine for smallpox in
the face of the stand the state board
OF health has taken relative to aboli-
ton of quarantine for smallpox"
The state board of health at it's
meeting on July Q, 1909. adopted a res
olution to the effect that there shall no
longer be any quarantine for smallpox
in the state of Montana. And at that
meeting held by said state board on
December Is. 1909, this resolution was
modified by adding provisa thereto
and said proviso. as now in force Is
as follows:
Resolved by the state board of
health of Montana that on and after
January l, 1870 there shall be no quar-
antine for smallpox i'm the state of
Montana. but premises in which cases
of smallpox are confined shall be
piaearded with d sign hearing the
words Smallpox here provided that
persons who are found afflicted with
smallpox In hotel or lodging house
may be, upon complaint of the pro-
prietor of said hotel or lodging house.
removed by the county or city health
officer TO some convenient and proper
place. depending upon the fact of
whether or not the patient is in
digent."
The statute, sections 1474. et seq, re-
vised codes. creating the state board
of health, local lcityl boards of health
and county boards of health confers
upon the state board of health general
supervisory control over matters af-
fectlng the public health within the
state, but IL also confers upon the
local and county boards of health
certain exclusive powers and authority
TO be exercised and enforced within
the jurisdiction of these respective
boards. Section 1900. revised codes
defines the term communicable dis
ease" and includes smallpox i'm such
definition. and section 1901, revised
codes. makes II the duty of the per-
sons To report Ii the city or county
health officer any ease of commnni-
cable disease within his household
while section 1859. In speaking of the
city or county boards of health. pro-
eides. i'm part:
They shall also have authority To
establish and maintain. at the ex-
pense of their respective city. town. or
county. isolation hospitals. where pa
tlents suffering from smallpox or
other very dangerous, contagious or
infectious disease may be properly
anarantined and cared for. when. In
their Judgment. they cannot be prop
erly aaarantined and cared for else
where
And by further provisions of this
section II is made the duty of the
local and county boards of health To
maintain such isolation hospitals
when directed so To do by the state
board af health. That part of the seq
ton quoted. however in express terms. !
confers authority upon local and
county boards of health to maintain
Isolation hospitals and the quarantine
necessary 10 such maintenance, and
the action taken by the state board
of health. as above quoted. does NOT
abhreeiate this authority SO conferred
upon the local and county boards of
health, but is. in effect. determine
ton by the state board of health that
II will no, require local and county
boards nf health In establish auaran-
tine or maintain isolation hospitals i'm
smallpox cases within their respee-
tive jurisdiction.
You are therefore advised that
local and county boards of health stin
have the authority 10 establish quar-
antine and maintain isolation hospitals !
in smallpox cases when. in the judg-
mem, Rf Slah fapat ana s.,urt,.