Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-07-06
Examination of Persons for Social
Disease,

Examination of Persons for Social
Disease.
Below / am printing a recent de-
ciSion of the supreme court of Iowa
on the right to examination in that
state of persons suspected Of having
a social disease. AS will be noticed
it applies specifically to syphilis. AS
one of the points raised by the court
is that such an examination cannot
be enforced before it is authorized
by clear and definite expression of
the legislative WILL" the implication
is that the legislature has such pow
ers. What then will the Iowa legis-
lature, or the legislature of any other
state do, granting that it has the
power? And what will the citizens
do to influence the legislature one
way or the other when such drastic
proposal is made.
Preceding the great war few
states required certificates of health
from physicians prior to marriage,
freedom from disabling disease, in
Guiding tuberculosis, insanity and
venereal diseases among others. Such
a law is geneal in its application, and
on this score cannot be criticized. But
since the war, on suggestion and
with the assistance of the govern
ment. social diseases were singled
out for special suppression largely
through the police power of enact
ments passed by civic governments.
The saying is trite, necessity knows
no law" and as in war anything or
everything may be declared a neces-
sity, the late war witnessed many
attractions of the law by those in
authority without a protest from the
people. And that is as it should
be-a nation at war must strain
every resource to win, and only the
meanest citizen voices protest
against infringements of his personal
liberty when so much Is at stake.
The American people have respond
ed nobly to every call made upon
them to uphold every enactment for
the common good, whether it was
right or wrong from the viewpoint
of peace times.
But we are at peace now, to all
intents and purposes, and the same
urgent necessities of war do not eX-
list, even if many corrections in the
minds of many are just as urgent
from another standpoint, viz, the
social. But, however urgent these
corrections may seem, we cannot go
on enforcing police power illegally
as illustrated by the decision APP
pended to this article.
The examination of certain per-
sons for social diseases during the
war was for the protection of our
soldiery against inefficiency due to
contracting them. The effectiveness
of the army was being jeopardized,
and any measure to counteract 1t had
public approval. But with due con-
sideration of everything done in this
matter, the real good came as a re-
suit of the education and punish
ment of the soldier, restrictions on
his liberty, and the removal of
temptation and opportunity from
the vicinity of camps. Examination,
detention and treatment of women
of the town anywhere was so small,
in comparison with the actual num-
Der of women of this class, that it
makes such a contention laughable.
Ask your physician what he thinks
of this matter. Ask him the relative
number of private and clandestine
prostitutes. And while you are ask
ing him questions along this line, let
him answer you to what extent are
apparently reputable men and wo-
men addicted to promiscuity. And
to what extentare they afflicted with
venereal diseases. His answers may
surprise you. All Of which has a
direct bearing on any laws that our
legislature may pass. Are we TO
have examination of that small
minority of persons caught in raid,
or are we to have general eXamina-
ton of all citizens for social dis
| eases? The benefits of the former
both directly and indirectly are ne
gligable and only protect the erripg:
enforcement of the latter would pro-
tect both guilty and innocent to the
extent that such law is enforceable.
Should our next or future legisla-
lures take up this question, frank,
full and open discussion, let us hope,
will be preliminary to any enact
ments.
(Wragg against Griffin, Sheriff, ct
al. Iowa), ITO n. w. R. 400.)
The supreme court of Iowa sus-
tains a writ of habeas corpus, and
OTuGTS Tie IeledSS VI lIlC pCllllOhCl
| therefor, in this case wherein the
court says that the question present
ed may, in it's final analysis, be stated
as being:
MAY the local board of health of
the city of Des Moines, on suspicion
that the petitioner is afflicted with
venereal disease. or has been ex-
posed to such contagion, lawfully
L. c,,Li
him by force to an examination Of
his person and compel him against
his will to permit quantity of blood
to be extracted from his veins, and
then be held in continued durance
until the blood has been sent to an
expert in a distant city and by test
thereof it is determined whether
such petitioner is or is not in fact
so diseased?"
After having examined with some
care the various statutory provisions
and board of health rules to which
it's attention was called, the court is
forced to the conclusion that the
power is nowhere provided either ex-
pressly or by necessary implication.
While the statutes in terms author
ze boards of health and health Off
GERS to deal with quarantinable dis
eases, there is no express provision
for interfering with the liberty of
persons who are merely suspected"
of being diseased. Special emphasis
was placed on that part of the rules
| of the state board of health wherein
it is made the duty of the mayor to
direct the chief of police to cause
persons suspected of being diseased
''to be investigated" and authorizing
health officers in such cases ito make
examinations of suspected persons
and to detain them as long as it may
| be necessary to determine whether
they are so afflicted. But even here
| there is an entire absence of any
express authority to subject sus-