Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-11-25
Blood Test Bill
Is Backed by
iviicLeaders
Ban on Common-Luw
Marriages Meets
Some Opposition

law" marriages In the proposed bill
requiring pre-marital blood tests in
the District was the highlight today
as civic spokesman testified before
a special committee appointed by
the Commissioners to hold hearings
on the measure.
Testimony was virtually unani-
nous in favor of the compulsory
blood tests, but conflicting opinion
prevailed on the provision outlawing
common law marriage Such mar
riages are now recognized legally in
the District.
II do not believe common law
marriage has any place in health
bill" William M. Green of the Fed
Grafton of Citizens Associations told
the committee. He said that legal
matters such as inheritance and
property rights were involved rather
than medical questions.
Both Mr.. Green and DR.. Charles
B. Campbell, also of the federation,
Endorsed proposed pre-marital blood
tests.
In response to question from
Mr.. Green as to whether he honestly
thought such ban on common law
unions would be enforcible, Seton
Darr, former president of the Dis
trict Bar Association and a member
of the Commissioners Committee,
said that in his personal opinion
making such marriages illegal would
tend to discourage such unions.
While admitting that such a regula-
ton would be difficult to enforce 100
per cent, he said that making it
illegal where it is now legal might
have the effect of making many
undergo ceremonial marriages who
might otherwise not do SO.
A. 2. Foster Wood of the Junior
Board of Commerce, requested an
explanation from a legal point of
view of the common law marriage
provision. although approving the
blood tests.
Asked by Committee Chairman
Corporation Counsel Richmond B.
Keech if the proposed bill provided
for the situation of so-called shot
gun wedding, Health Officer George
c. Rutland said he thought the
matter was covered in section 4
which permits a judge in District
Court to extend the application Of
the bill where proper showing Of
emergency is made.
Urged by DIR. Rutland.
DR.. Rutland opened the hearing
with general statement to the eff
feet that the bill embodies present.
day thought on health protection.
He indicated that some half a mill
lion dollars is being spent annually
by the District on the products OF
syphilis in st. Elizabeth's Hospital.
THE time has come when We
should follow the example of other
States" he said.
The health officer pointed out
that the issuance of marriage GER
tif1cate under this bill would not
be solely based on the blood tests,
bu that the physician making the
tests would be the final arbiter"
as to wehther he could recommend
the applicant for license. He
said the bill had been drafted from
the experience of the National So
cial Hygiene Association.
Despite the general acceptance
Of the proposed blood tests, testi-
mony differed on the languauge Of
the present bill. This language in
brief requires test for syphilis
only and by physicians licensed to
practice in the District.
Several Spokesman said the pro-
visions ought to be broadened to
include other diseases such as
gonorrhea and tuberculosis. One
or two suggested that it include
compulsory tests for all commune
cable diseases which might be
| passed on to a child.
DR.. Rutland explained that the
bill was limited to syphilis in the
belief that making it too broad
might jeopardize its chances in Con-
gress. He indicated that the spirit
Of the bill might influence the ex-
aiming physicians to look for these
other ailments.
1t was pointed out that the bill
contains no language to compel
treatment where tests disclose
syphilis, but Heath Department
spokesman said this could be taken
care of by including such provision
in the communicable diseases code.
They also emphasized that the
measure would not prevent persons
with syphilis from getting married.
Board Of Trade Backs Bill.
Only those whose infection was in
communicable stage would be affect
ed, they indicated. and discretion
given to judges of District Court
might allow the marriage of two
persons both of whom might be
infected. where the woman was be-
yond child-bearing age.
Support of the bill was voiced on
behalf of the Board of Trade by
william H. Press. who told of the
board having drafted a similar
measure sometime ago.
Several representatives of colored
civic units Endorsed the blood test
plan, but wanted to know more about
the common law marriage provision
before taking a stand. These in
cluded Drs. w. j. Howard and E. S.
Jones of the Federation Of Civic
Associations, and DR.. Paul Cornely
of the Medico- Chirurgical Society.
The Negro medical group, according
to DIR. Cornely approved the bill
except for its provisions on common
law marriage.
Spokesman for the Sixteenth
Street Highlands and Metropolis
View Citizens Associations also testi-
fed. The committee conducting the
hearings includes, in addition to Mr..
Keech and Mr.. Darr, Mrs. Louis
Gutenberg, Mrs. Edna W. Payton and
DR.. Edgar P. Copeland.
Two physicians, however. speaking
for themselves only, voiced vigorous
criticism Of the proposed law. DR..
j. r. Cavanagh objected that the
measure places on the practicing
physician the responsibility of de-
Gliding whether persons have syphiliS