Evening star., 1950-01-12
High Court Sifts
District Health
Warrants Case
Compulsory Writs
Staggering Blow
Woman Tells Tribunal
By Robert K. Walsh

A petite "Portia" from Pitts
burgh told the Supreme Court
today that Washington and other
cities will suffer a Staggering
blow" if District health inspec-
tors must get warrants to enter
private homes.
Assistant Corporation Counsel
Chester H. Gray late yesterday
urged the tribual to hold that the
regulation is essentially an exer-
else of police power to protect the
public by preventing disease. He
contended it is not unreasonable
search and seizure for an inspec-
tor, without a warrant. to go into
dwelling, if the owner or oc-
cupant objects.
Miss Anne x. Alpern. City So
licitor of Pittsburgh. speaking for
the. National Institute of Mu-
nicipal Law Officers, continued
the argument when the court
convened today. In her opinion
and that of District officials, the
case is of national Importance.
because it affects procedures in all
municipalities.
District on Defensive.
The District is on the defensive.
The Municipal Court of Appeals
and the United States Court Of
Appeals ruled last year that Mrs.
Geraldine Little properly pre-
vented health inspector from
investigating a complaint of in
sanitary conditions at the house
she owned in the 1900 block Of
Tenth street NV. in September.
1947.
Municipal Judge John P. Nc
Mahon had imposed a $25 fine
after finding her guilty of vio-
lating the District health law.
He denied her claim that health
inspectors need search warrants.
Miss Alpern, small, attractive
young attorney, showed, in sup
Elementary brief, that she plans
a slashing attack on the appellate
court decision that reversed Judge
Mcmahon.
Sees Fundamental Error.
THE fundamental error arises
from the failure of the appellate
court to recognize that sanitary
inspections cannot be made from
a courthouse" she stated. THE
decision of the Court of Appeals
destroys the system of preven-
tive inspections and makes health
officers mere process servers for
the purpose of abating conditions
which have already grown to the
}stature of a public menace.
IT these inspectors are to be
stopped at the door, except in
cases where probable cause can
he established by sworn afhdavits,
the preventive health and safety
programs based upon scientific
checks will grind to a standstill
in large cities throughout the
country"
Championing the right of pri-
vacy and the idea that a mans
home is his CASTLE" she MAIN
tanned. neverthesless, that "the
modern castle is not only covered
by mortgage but is connected to
a central water system, sewage
system, a garbage collection sys-
tenn"
If health inspections depend on
getting warrants, they as we'll as
inspections of plumbing and elec-
trical work in homes would be
impossible when householders re-
fused admission. she maintained.
Blow to Health Work.
A staggering blow" would be
dealth to the work of preventing
epidemics, If health officers "have
to wait for the complaint Of
neighbors and then issue warrants
predicated upon the information
received" she stated.
"The case Of the open garbage
can," she commented, may not
be as intriguing to students of
Constitutional law as a case in
volving freedom of speech and
assembly, but the assemblage of
germs can have an equally far
reaching impact.
"Olifactory health control is no
answer to the major health prob
lens OF this country. violations
that smell represent too small a
portion. Of the whole. The pub
lie health problem is predicated
upon the basic principle that i'm
proper practices must be corrected
and abated before they reach the
state OF nuisance and glaring
danger"
JEFF Busby, attorney for Mrs.
Little, has been allotted an hour
to answer Miss Alpern and Mr..
Gray. Mrs. Little was not in the
courtroom during the As minutes
OF argument by Mr.. Gray before
adjournment yesterday.
Mr.. Busby indicated he will base
his arguments on the United
States Court of Appeals opinion,
District Court Judge Alexander
Holtzoff. who sat with Judges
Prettyman and Proctor in hearing
che Little case appeal, dissented,
The majority decided that search
and seizure provisions of the
Fourth Amendment require Dis
trict health inspectors to obtain
warrants for entry to a privats
house without consent.
Alexandra Man CHARGED