Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-10-28
LOCAL HEALTH RULES.

A case involving the enforcement OF
the rules of the local board of health
came up before Mayor Hart and a jury
last Wednesday, and as the hearing re-
suited in a mistrial, the question Of
final settlement is still pending.
DIR. w. G. White is the defendant,
and he is charged in a warrant, issued
by Mayor Hart on the affidavit Of Mr..
R. E. Montgomery, with having Vio-
lated rule 5 Of the health regulations,
which rule requires all practicing
physicians in the town to report all
contagious diseases occurring within
the limits of their respective practices
within twenty-four hours after such
cases develop.
The defendant was represented by D..
s Brice. Esq, and the town, which
prosecuted the case by w. w. Lewis,
ESQ.,, the town attorney.
According to the charge which the
town undertook to make out, DR..
White had knowledge of a case OF
diphtheria in his practice at one of the
cotton mills, and he had failed to report
the same to Mr. Quinn Wallace, secre-
tary of the board of health within the
twenty four hours prescribed in the
rule.
There was no attempt on the part OF
the defendant to deny the facts set
forth in the foregoing statement; but
lero t,n of a f1t
up that upon returning from his visit
to the patient, he told Mr.. B. NJ. john
son that he had come upon case of
diphtheria and requested Mr.. Johnson
to inform the secretary Of the board
of health. Mr.. Johnson neglected to
transmit the information, and the de-
fendant made no further efforts to get
the matter to the board until Monday
morning, when he told Health officer
w. S. Peters.
The testimony Of Dr. Miles Walker,
physician of the board, was to the eff
feet that upon being advised by Officer
Peters Of the case of contagious dis
ease, he went to DR.. White to get fur
ther information, especially as to
whether the patient was attending
school or belonged to a family In
which there were children. who were
attending school. During the inter"
view, Dr. Walker asked DR.. White why
he had not reported the case within
the time prescribed by the rule, and
DR.. White used language that
DR.. Walker construed as depre-
eating the value and Importance of the
board of health and this depreciation
mr. tpgti-
mony was the real cause of the pros
ecution.
Questions by defendants counsel de-
veloped the fact that the relations be-
tween Drs. White and Walker were not
particularly cordial, though each as
serted that he did not regard the other
as an enemy. DR.. Walker sought TO
make it clear that his purpose in IN
stituting the prosecution was to COM
pei the observance of the rule requir-
ing the prompt reporting OF all cases
of contagious diseases.
Mr.. B. NJ. Johnson cOrrobOrated Dr.
Whites statement to the effect that Dr.
White had requested him to report the
case to the board of health, and this
testimony was met by testimony OF the
prosecution to the effect that at the
time DR.. White reported to Mr.. John-
son. Mr.. Wallace, the secretary of the
hoard or nealtn was III HIS OlllIc i'oS
than a hundred yards away.
The prosecution argued that the per-
sonal relations between the two phy-
sicians, whatever these relations may
have been or now are, have nothing
whatever to do with the case; that the
only inquiry for the jury was whether
or not the defendant had willfully ana
negligently disregarded the rule IN
question.
In charging the jury, Mayor Hart
stated that If Mr.. B. NJ. Johnson had
transmitted the defendants report
within the time prescribed by the rule.
then the defendant would he held TO
have complied with the law: nut for
any failure on the part of MI. Johnson
in the matter, the defendant flmsell
was clearly responsible.
After pretty full hearing, when
included the testimony of several 9TH
er witnesses not referred to, the case
was given to a jury of six, which al
ter an attempt to reach verdict II
nally reported it's inability to agree,
and a mistrial was ordered. The jury, |
it is understood, stood to ! for the
defendant.
AS to whether there will be another |
effort to get a verdict in the case Will |
depend upon the disposition OF the
prosecution.