Alma record. (Alma, Mich.) 1878-1928, 1920-06-10
MONET DIRECTED VERDICT
Former Health Officer Did Not Ex-
ceed His Authority Is The
Legal Finding.

Great satisfaction is being felt by
the defendants in the Rock Carney
case, one of the most important
health cases ever tried in the state,
which was tried in Circuit Court last
week before Judge +. J. Monet, and
resulted in a complete victory for
DIR. Thomas j. Carney, former Alma
health officer, Miss Ida Peck, Alma
social worker, and Miss Mary f.
Corrigan, superintendent of the de-
! tention home in Bay City.
/ The case Vas far more i'm
portant than most people realize, and
had behind it more than just an at
tempt to wiring from the pockets Of
the defendants a sum of money
which might be sort of balm for
certain alleged happenings and con-
ditions and wrongs undergone by
Nina Mccall Rock.
That this is true is shown most
clearly by the statement of Dr. Olin,
state health commissioner, which was
given following the directed verdict
that Judge Monet gave in the case.
If the decision had been adverse
the whole public health structure of
the state would have broken down.
We would have been unable to quar-
antine a person with smallpox, diph-
iberia or any other contagious or
communicable disease without first
getting court order" was the way
that Dr. Olin expressed himself on
the matter
That others besides the Rock girl,
and her mother, Mrs. Van Norman,
were interested in pushing the case
against DR.. Carney, Miss Peck and
Miss Corrigan, is certain, and it is
just as certain that some Alma
people were backing the plaintiff in
a financial way in pushing the case,
some because they believed that the
girl had been victim, possibly of
exceeded authority, but some pos
sibly in the hope that a verdict
could be gained by the plaintiff that
would discredit the Alma physician.
Nina Mccall Rock started suit by
her next friend, some months ago
against the trio, seeking $4,000
damages, the case being an out
growth of the Alma anti-vice crusade
during the war.
The directed verdict of Judge f.
j. Monet in the case was a complete
exonoration of DIR. Carney, and the
other officials in the case, in that it
pointed out that as an official ap-
pointed for this work, it was the
duty of DIR. Carney to carry it on,
and that no evidence had been sub
mitted to the court that would in
dicate that he had in any way ex-
ceeded his authority.
Following is the charge to the
jury by Judge Moinet, which shows
most clearly why the directed YER
dict was given:
Gentlemen of the Jury, as the
Court views this case at the present
time, hold that there is no issue
Of fact to be submitted to you. but
that 1t resolves itself into a question
Of law to be disposed of by the
court.
From the evidence in the case il
appears that the defendant, Carney.
was the City Health Officer of the
City of Alma, duly appointed, and
that he was also appointed by the
State Board of Health as the local
inspector Of health in this commun-
ity, IN this county of Gratiot and
that at the time in question he was
serving and acting as such official.
Further that at the time of the al
legged wrongs complained of here by
the plaintiff there was located in and
about the City of Alma camps of
soldiers and that at that time there
was this campaign laid out by the
State Board of Health and the
Federal authorities for the suppress
sion of venereal diseases of this
character as involved here. IL be-
ing conceded by council for the re-
spective parties that an examination
was made by the Health Officer, DR..
Carney and that such examination
showed that she had gonorrhea at
this time. the Court holds that his
conclusion from that examination is
conclusive upon all of the parties and
that he had right under the law,
under the statue Of the state and
under the rules s.d regulations as
adopted by the Steve Board of Health
and promulgated in the state and as
the official, the public health official
Of the City Of Alma and of the
County Of Gratiot, to make this ex-
animation, and upon such examina-
tion having found that she was suf-
fering with gonorrhea and the State
Board Of Health having prior thereto
by proper resolution in conformity
within its rights under the statute
promulgated and declared gonorrhea
and syphilis to be dangerous and
communicable disease, he had the
right as such health officer and as
such Inspector and under the evidence
IN this case TO commit the plaintiff
to the detention hospital at the city
of Bay City, and that in all of these
acts he was acting clearly within his
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