Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-12-23
Warrant Out for Physician
Who Wrote Article in Morning
Journal Criticizing Sanitary
Conditions of albuquerque.
FAILED TO REPORT CASE OF
TUBERCULOSIS LAST JULY
Action Results in sudden
Scramble of Doctors to Board
of Health Offices to Comply
With Neglected Ordinance.


city Physician solomon l.. Burton
has determined that from this time
on the health ordinances of the city
Of Albuquerque shall be rigidly en-
forced Whether the recent criticism
OF the sanitary conditions here and the
far from favorable comparison of the
death rate in Albuquerque with that
Of other cities has had anything TO do
with the city physicians sudden deter
mination to prosecute his brother
medicos who fail TO obey the ordin-
ahces Is an open question DR.. Bur-
| ton says II has not. At all events, DR..
Robert Smart the author OF the
Icritlclsm, is the first viotimto feel the
effect of the new born zeal for the en-
forcement of the health laws.
Yesterday afternoon City Physician
Burton appeared before Police Mag
istrate Craig and swore to warrant
which charges that DIR. Smart, in
violation Of ordinance in such case
made and provided did wilfully and
unlawfully, fail to report TO the city
health department a case of tuber-
| culosis which had been Under his
care last summer The case on which
the warrant Is based is that OF man
named q. Garland. Garland came
under the care Of DR.. Smart July 20,
1910. He was In an advanced stage
of the dread disease at that time and
passed away August q, last.
When asked concerning the case
last night. DR.. Burton declared that
he did not feel called upon to explain
why he had waited from August
until December % TO prosecute this
apparently fragrant violation Of the
health laws, neither would be admit
that the publication Of the criticism
OF health conditions written by Or.
Smart, had anything 10 do with the
prosecution.
Physicians, said DR. Burton, have
been notoriously careless In report
ing cases of tuberculosis and other
dangerous diseases, and he was deter
mined that an example should be
made of some Of them. DR.. Smart,
he said had Just happened TO be
the man upon whom he decided the
blow should fall first. lie was unable TO
say whether or not more prosecutions
for violation of the health ordinance
would follow that inaugurated yes
terday. There are, however, those
who do not hesitate to declare that
the action OF the city physician was
not entirely uninfluenoed by the
Morning Journal article which
somewhat caustically criticized health
conditions IN albuquerque, and which
has been held ia some quarters to be
an implied attack on the city admin
istration 1T was also said by friends
Of Dr Smart that that gentleman,
while he had no desire TO pose as
martyr would not object to being ar
rested and fined, II by so doing he
could be of service to the community
IN securing a better enforcement OF
tho sanitary regulations In Albuquer-
que ana Ia awakening the people TO
the necessity Of the most stringent
precautions TO guard against this city
becoming a breeding place of disease.
Up to a late hour last mighty the
warrant, which had been placed in
the hands of Chief of Police McMillin,
had not been served on Dr. Smart.
The particular section Of the health
ordinance which DR. Smart is charged
with violating went into effect July
/ last, ana so far as is known, this Is
the first case 10 be prosecuted under
Il. when the news Of the issuance Of
the warrant spread among the medi-
cal fraternity yesterday afternoon
there was a hurried scramble for the
health office to report cases of con-
tagious or infectious disease. one
physician, who Is a member OF the
board of health as well as Of the city
council, reported twelve case in
bunch, his first report OF this kind,
1t was said. Various other practitioners
reported cases under their care and
several more are expected TO do so to-
day. As a number of the medical
men now practlcing in Albuquerque
are known to have come 20 Albuquer-
que for relief from the white plague.
and while most Of them have been
benefited by the health giving atmos-
pherc Of the land OF sunshine, all OF
hem have not completely recovered
and II will be interesting TO learn
whether or not these medical men
viii consider Il necessary to report
their own cases to the city physician.
The ordinance under which the
present prosecution Is undertaken is
said 10 be n particularly drastic one.
'or besides requiring physicians 10 re-
port the cases coming under their
notice, Il requires All householders to
.eport the cases OF tuberculosis occur
uR In their families or households,
'egardiess OF whether or not a physi-
ian is called. There is also re-
iuirement that all landlords. pro-
,rietors or lessees of hotels or ROOM
ng houses report all cases OF con-
or other dangerous diseases
'xisting on their premises.