Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-06
Infantile Paralysis and the Law.

Section . of the act of Congress ap-
proved February &c, 1892. under when
the Commissioners derive their power to
make and enforce police regulations,
reads as follows:
That the Commissioners of the District
of Columbia are hereby authorized and
empowered to make and enforce all such
reasonable and usual police regulations.
in addition to those already made under
act Of January 26. 1857 las they may deem
necessary for the protection OF lives,
limbs, health. comfort and quiet OF all
persons. and the protection OF all prop
erty within the District of Columbia
The act of January &c, 1887, after speci-
tying the subjects upon which the Com
mfssioners were thereby authorized TO
make and enforce regulations, empowered
them to prescribe reasonable penalties
for the violation of any of the regulations
in this act mentioned such penalties to
be enforced in ANY court of the District
of Columbia having jurisdiction of minor
oHenses." BY construction of the two
acts it has been held to be within the
power of the Commissioners, in the writ
ing Of additional regulations under the
act Of 1892, to impose penalties for their
enforcement. Many Of the police regula-
lions now in force and constantly being
invoked I'm court and there sustained have
been written under the supplementary
legislation.
In these circumstances II would seem
to be within the power of the Commits
sioners to write a police regulation re-
quiring physicians to report all cases of
contagious diseases. under penalty for
noncompliance. The act Of 1892 is an
authority to write such regulations as
they may deem necessary for the protec-
ton Of the health of the community. 1t
is obviously in such an interest for them
10 secure all available information re-
garding the prevalence of the disease
known as infantile paralysis, which is
now believed to be semi-epidemic in
Washington. The fact that previous leg
isiation has not specified this disease
among those which the physicians are re-
auired regularly to report is due simply
to the lack Of information al the time the
statutes were enacted regarding the in
fictitious character OF the ailment. The
advances of bacteriology in the discov-
cry Of disease contagions are more rapid
than the responses of law-making bodies
to public demands for protection, and 1t
would be a stroke toward the safeguard
to construe their regulation-makingp power
as a grant by Congress of a right to be
exercised in an emergency
II this disease Is infectious il should be
SO treated. not on the basis of incomplete
reports submitted by physicians who
take. perhaps. an exceptionally broad
view Of their public duty. or chance in
formation obtained by the health officer.
but upon ground as sure as that afforded
in the case of afiictions that have been
by law specified for compulsory reports.
with penalties for failure. In other words,
il infantile paralysis is as now suspected
of an epidemic character the Commission
ers should be given the benefit of the fact
and the history of every case now exist.
ing within the District, In order that the
precautions against its further spread
may be taken with maximum Likelihood
of success