Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-05-30
You Face Arrest if
You Break Quarantine

1T is my opinion that any member
Of the local Board Of Health or health
officer or person employed by the local
Board of Health may make arrest Of
a person breaking quarantine and put
feet right to call on a constable. depu-
ty sheriff, police officer or any other
person to assist them II they need
help" states Assistant Attorney Gen.
eral Oscar H. Dunbar of Jonesport, in
an opinion rendered Monday in response
to questions propounded by DR.. A. G.
Young of Augusta, the secretary Of the
State Board of Health.
Dr.. Young's Questions
Dr. Young's questions are as follows:
/. When a quarantine has been plac-
ed on a house or premises by a local
Board of Health on account of the
presence of a contagious or infectious
disease therein and an inmate Of the
quarantined house or premises breaks
quarantine and leaves the house or
premises before the quarantine is raised
by the local Board of Health, must the
arrest of the escaped person in all
cases be made by a constable, sheriff
or policeman?
2. In making such arrest would it
be necessary for such officer first to
have a warrant for the apprehension
of the offender?
8. If a member Of the Board OF
Health is also a constable. can he ex-
ercise the dual function of member of
the Board Of Health and constable and
nffopdor without nj a INT
and without warrant II he finds him out
Of quarantine?
4. Could health officer or a MEM
Der Of local Board of Health merely
by virtue Of holding such office, appre-
bend and forcibly replace under quar-
antine such person who had made his
escape from quarantine?
Mr.. Dunbar's Answer
The answer Of Assistant Attorney
General Dunbar is as follows:
II am in receipt Of yours Of recent
date asking this Office as to the powers
Of the local Board of Health over per-
sons breaking quarantine and whether
the arrest Of such person can be made
without warrant or by any other per-
son except a constable, sheriff or DO
lice officer.
THE powers and duties of the local
Board of Health for prevention Of in
fictitious diseases are found in Chapter
Is. Revised Statutes. Sections 81 to SIS
inclusive. Section 40 reads as follows:
Any member Of a local Board Of
Health or any health officer or other
person employed by the local Board of
Health he ~,
performance Of his duties call to his
assistance any constable or other per-
son he sees fit and every such con-
stable or person so called upon shall
render assistance
1T is my opinion, after reading this
section that any member Of the local
Board Of Health or health officer or
person employed by the local Board of
Health may make arrest Of the person
breaking quarantine and put them back
and that they have a perfect right to
call on a constable, deputy sheriff, po-
lice officer or any other person to as
sist them if they need help. The pow
ers of the Board of Health are wide
and it is right that they should be in
order to protect the health of those in
their community.
In the case of Seavey VS. Preble, 81
Maine 121. 7 quote part Of the opinion
Of Judge Walton, in which he saws:
When small pox or other contagi-
Gus disease exists in any town or city
the law demands the utmost vigilance
to prevent its spread. To accomplish
this persons may be seized and restrain
ed Of their liberty or ordered to leave
the state. Private houses may be con-
verified into hospitals and made subject
TO hospital regulations Buildings NAV
be broken open and infected, articles
seized and destroyed and many other
things done which under ordinary cir
cumstances would be considered gross
outrage on the rights of persons and
property. This is allowed on the same
principle that houses are allowed to be
torn down to stop confederation. The
safety Of the people is the supreme law
is the governing principle of such
cases."