THE BEE: OMAHA, THURSDAY, MARCH 29, 1917,
7
CONNELL TO JUDGE
IF EPIDEMIC EXISTS
.1o Showing of One at Sara
toga, So Could Only Keep
Children from School.
COUNCIL TO BROADEN LAW
Judge Leslie sustained Health
Commissioner Connell in the main
points of a suit brought by residents
of the Saratoga school district,
connection with posting "exposed to
smallpox signs and excluding chil
dren from school because of refusal
to submit to the scarification method
of vaccination.
The judge, however, expressed his
opinion that the "exposed" signs
should not be oosted except in case
of an epidemic, which he ruled was
not shown to exist in this instance.
He recognized the broad powers of
the health commissioner in protect
ing the health of the city.
Corporation Counsel Lambert will
prepare an ordinance to authorize the
Health commissioner to post ex
nosed" signs whenever in his judg
ment such signs are in the interest
of the health of the city, and to cover
such cases as recently caused the
trouble in the Saratoga school dis
trict. Recognizes Scarification.
Judge Leslie recognized that the
scarification method of vaccination is
generally accepted and he conceded
to the health commissioner the right
to insist upon that form of vaccina
tion. In view of the fact that the time
for removing the "exposed to small
pox" signs from the homes of the
complainants will expire on Thurs
day, the judge said he would not is
sue a writ asked for by the plaintiffs.
During his oral opinion on the case
the judge said:
"I don't think anybody is contend
ing that we have a compulsory vac
cination law in this city. The health
physician does not take that position
himself and does not take the posi
tion that he has a right to compel any
one to submit to vaccination. The
position taken is that after a pupil in
school has been exposed to smallpox,
that he may require that pupil to
either be vaccinated or absent himself
from school during the time within
which he could take the disease from
that exposure, and I think he says
that that period is about twenty-one
days. He has held that they must
take the vaccination that is known as
the scarification method, whether on
the arm, or leg or some other place
on the body. I am inclined to think,
in fact I feel very sure that the legis
lature and the city council have con
ferred power upon the city physician
and the head of the health depart
ment to make rules to prevent the
spread of contagious diseases in the
city, and I think that Dr. Connell has
authority to enact and adopt such a
rule as that requiring pupils who have
, been exposed to smallpox to either
be vaccinated or absent themselves
from school during the incubation pe
riod." The judge's written order, which
was entered in the court records,
reads as follows:
There Is no compulsory vaccination law
In this tate. The city health department
has never contended that there was, and
has never undertaken to compel children
or adults to be vaccinated. What they
have insisted upon is that after a child at
tending school has been exposed to small
pox that he must either be vaccinated or
Absent himself from school during what
is called the Incubation period; that is
to say, the time within which he might
lake the disease on accoinit ot exposure.
This Is not an unreasonable rule. Wero
the city physician to do less, I think he
would be derelict in the performance or
his duties. The legislature and the city
council have. In my Judgment, conferred
upon the head of the department of health
authority to make and execute reasonable
rules to prevent the spread of contagion,
and In making and enforcing this rule re
quiring pupils either to be vaccinated or
absent themselves from school during the
Incubation period, the city physician la act
log clearly within bis authority.
As to the signs "Exposed to Smallpox"
that have been posted upon houses wherein
children reside who have been exposed, 1
am inclined to think that the health de
partment has no authority to place eucn
signs upon houses in which such ohildren reside.
The city council, by orninance, has pro
vided that whenever notice Is given to the
city physician of a case of scarlet fever,
diphtheria, membranous croup, smallpox or
other contagious or infectious disease, he
shall cause a placard with tho name or
the disease to be placed In a conspicuous
place on the outside of the house, which
placard shall not be removed except by
order of the commissioner of health. Since
the council has by ordinance provided that
only houses within which these diseases
actually exist shall be placarded, I think
It was clearly Intended by them that none
other should be; and therefore I should
hold, with regard to the placing of these
placards "Exposed to Smallpox" on hous s
in which there are no cases of smallpox,
unlawful.
Sacrifices New Suit to
Return to His Regiment
This is the story of Ray Bitney. a
young man with a million dollars
worth of patriotism.
Bitney came to this city February
1 and was living at 1138 North Nine
teenth street. He is 21 years old and
his home is in Hudson, Wis. Tues
day he received a call from his old
regiment, Company C, Third infan
try, of Wisconsin National Guard, or
dering him to report within seventy
two hours. He had with him a $50
check which he couldn't cash because
he was practically unknown here. He
"'so had a $15 suit of clothes which
he had recently bought and had never
worn. He brought this to the mer
chant from whom he had bought it
and asked him to refund the money
that he might have cash enough to
buy a ticket back to his home and
regiment. The merchant refused to
refund any part of the money.
Bitney went to Attorney W. H.
Shackelford, who pleaded in vain with
the business man to buy back the
suit. Then the attorney, who gave
his legal services gratis, went to City
Prosecutor McGuire. The merchant
eventually returned to Bitney $10,
arguing that he had made $5 worth
of alterations in the suit The militia
man took the $10, bought his railroad
ticket, and is now speeding home
ward with a queer idea of a clothier's
patriotism.
i Trees Are to Be
Planter, in the Streets
Byrd Nursery company has sold H.
H. Harper & Co. 900 apple trees, to
be planted in the streets of the gar
den land that they are selling on West
Q street. This is a new idea to re
duce the high cost of living, as maple
trees are usually used for this pur
pose. H. H. Harper & Co. announce that
the sale has been an exceptionally
good one and that the sale will con
tinue all week.
Apple
Suit is Filed to
Have 1,000 Sacks
Of Beans Destroyed
Suit was filed in the federal court
by the United States against 1,000
sacks of beans, the action being to
get possession of the beans and de
stroy them.
They were shipped from West
Hammond, Ind., and Edmore, Mich
consigned to Post Bros, and are now
in possession of the Pacific Storage
and Warehouse company.
They have been examined and pro
nounced unht tor tood and even prob
ably for seed purposes. Chief In
spector Kemble of the State Food
commission and James R. Garner and
William H. Hartigan of Kansas City
federal food inspectors, are working
on the case.
The actual owners of the beans
have not yet been unearthed. Crim
inal prosecution may follow if it de
velops that these beans were allowed
to spoil purposely and as a part of a
gigantic food conspiracy. The price
of beans such as these has trebled in
the last year, and this, together with
stories of large fields of potatoes
bought up and the potatoes allowed
to rot on the ground, supplies impor
tant outside indications of reasons
for the advancing cost of even the
plainest foods.
Young Men Interested
In Reserve Corps to Meet
Young men interested in the army
officers' reserve corps will assemble
at the army building next Wednes
day evening, April 4, to hear a talk
by a regular army officer. Captain
Bower of Fort Omaha will probably
be the speaker.
About forty local men are said to
be interested in the reserve officers'
corps. A, C. Potter and others, who
attended to Plattsburg training camp
last summer, are arranging the meei
ing.
John H. Caldwell, secretary of the
Nebraska Military Training Camps
association, has already received ap
plications from Omahans who desire
to attend a vacation camp lor mili
tary training during the coming sum
mer at Fort Riley.
There has been much talk among
prospective reserve officers and mili
tary training campers concerning the
proposition to organize a volunteer
company here tor possible service in
case of war. At present, however,
the promoters of this idea are wait
ing action by congress on the univer
sal training idea.
Body of Man Found in
Pappio Creek Identified
The body of the man found on the
bank of Pappio creek early Tuesday
morning by a Union Pacific train
crew has been identified as that of
Frank Gevort, a laborer, who had
been working for V. L. Peterson, a
railroad contractor of Des Moines,
la. Mr. Peterson, who is in Omaha,
told the county attorney and ex-of-
ficio coroner that he would endeavor
to locate Gevort's relatives.
Gevort was last seen alive at Mo-
dale, la., where he was employed by
the railroad contractor. His body
was found near Omaha partly sub
merged in frozen mud. Though no
marks of violence were discovered on
the body, mystery surrounds the case
and the county attorney will probably
make an investigation. He will talk
with relatives before deciding on
whether or not to order an inquest
held.
Mother Gives Only Child
Permission to Join Navy
With broken voice and tears in her
eves. Mrs. John M. Cochran of Lin
coln said goodby to her only child,
John M. Cochran, 17, whom she
has granted permission to join the
first line defense of his country.
"I shall be all alone now, she told
recruiting officers. "My husband has
been dead eleven years and how my
only child is gone. But he has been
wanting to join the colors ever since
the Mexican border call, so I have at
last agreed to let him serve his coun
try."
She lives at 1826 Q street, Lincoln.
The lad, in spite of his age, was a
junior in the state university when
he withdrew to volunteer.
Electric Sign to Flash
Facsimile of Old Glory
Sixteenth and Farnam streets is
soon to have even more recruiting
banners than at present. At that
prominent corner now two navy and
one National Guard recruiting sta
tions have flags, banners and other
patriotic decorations to attract pros
pective recruits.
A large electric facsimile of Old
Glory has been loaned to the navy
recruiters by the Omaha Sign com
pany and will probably be ready to
night to flash out patriotism to the
people. A thirty-foot recruiting ban
ner will also be stretched between
the Paxton and United States Na
tional Bank buildings.
Score Join Guard After
Hearing Mayor's Appeal
Over a score of young men applied
at the National Guard recruiting sta
tion following patriotic appeals by
Mayor Dahlman, City Solicitor Fle
harty and Attorney Robert Patrick.
The men spoke from an auto truck
at Sixteenth and Farnam streets
Wednesday noon. Over 2,000 men
and women on their way to and from
lunch are estimated to have heard the
appeals.
Struck by Automobile
As He Steps from Car
George E. Brown, who resides at
2423 Broadway, Council Bluffs, suf
fered a sprained back and body in
juries when he was struck by an auto
mobile driven by A. L. Spiker of Gris
wold, la., as the former was s.epping
off a street car at Ninth and Douglas
streets. Spiker is beinp held by the
police on a charge of reckless driv
ing. Receive Bids for New
Hoagland Storage House
Bids are now being taken at the
office of Architect Kimball for the
construction of the $200,000 ware
house for the Hoagland Lumber com
pany at Ninth and Douglas streets.
This is to be 132 feet by 132 ieet in
dimensions, of reinforced concrete,
brick and stone. Bids will be re
ceived up to April 20.
WRIT DENIED ON
NORTH SIDE DUMP
Judge Leslie Opines Alleged
Nuisance No More Pungent
Than Fair Dundee.
MAKES OWN INSPECTION
Judge Leslie ruled that the dump
ing place at Twenty-second street and
Meredith avenue is not as pungent as
some places he has observed out in
fair Dundee where he abides.
Tuesday evening the judge visited
the Meredith avenue dump, adjusted
his spectacles carefully and tilted his
nose to a proper angle.
Residents of that neighborhood
brought suit to compel the health
commissioner to abate this alleged
nuisance.
"1 recently found a dead cat on a
corner where I live in Dundee and 1
found a dead d g on another corner,"
said the judge when he announced
that he did not believe it would be
necessary to issue a writ asked for by
the complainants.
"I do not believe the dump is a
nuisance," said the judge, in his opin
ion on the Meredith avenue dump, "in
fact it hasn't beeji used for any pur
pose that would be obnoxious, and I
don't think there is any likelihood
that it will be used for such purpose.
It is simply a depression that has
been filled with refuse left there, and
perhaps at certain times of the year
water does accumulate there. I don't
think it is a dumping place for refuse
matter in the sense that Mr. Field
would have us believe."
The iudge admitted that it is not a
beautiful spot, but after making a per
sonal visit he tailed to hnd matters
and stuffs from which obnoxious
odors arise."
Bill Devereese to
Quit Police Force
After Twenty Years
After twenty-two years of continu
ous service in the Omaha police de
partment, "Bill" Devereese, head of
the bureau of identification and as
sistant chief of detectives, is going to
quit to become chief of police at the
Armour packing plant on the South
oioe. un samroa, nc win ucgin a
thirtv-dav leave of absence, which.
friends say, is merely a preface to his
final resignation.
Devereese was the first ma., in the
local police department to master the
intricacies of the Bertillon system of
labeling criminals. His early pro
ficiency in the finger-print system and
the art of "mugging" bad men of this
territory won for him the position of
chief of that bureau. His "prints" of
men and their records have repeated
ly earned commendation from the po
lice chiefs of other cities.
To Start Work Soon On
Belt Line Elevation
Active operations will begin within
the next few days on the elevation
of the Missouri Pacific Belt line
tracks. The announcement comes
from the general offices of the com
pany in St. Louis that material for
the elevation is being assembled pre
paratory to shipment and that the
contractors are getting their men to
gether for beginning work.
In the elevation work the second
track will e constructed and it
elevated on trestle, afterward to be
filled in with earth. The old track
will be used while the elevation of
the second track proceeds. When it
is completed and ready for traffic,
attention will be turned to the old
tracks now in use and they will be
elevated and filled in around the
trestle.
Ornamental concrete arches will be
constructed over all street crossings,
leaving these crossings at grade.
Prize Ship Appam Is
Returned to Its Owners
Norfolk. Va.. March 28. The
United States district court here to
day on order of the supreme court
turned over the prize snip Appam to
Floyd Hughes, representing the Brit
ish African Steamship Navigation
company, owners of the vessel prior
to its capture by the Germans.
The court ordered that SWU.UUU. the
proceeds of the sale of the cargo, be
paid to the English owners. The
money is in Norfolk and Kichmond
banks. The unsold portion of the
cargo, consisting of ore, is ordered
restored to the owners.
The German defendants are ordered
to pay all costs in connection with
the case.
When We Need.
the Navy
What do you know about
the United States Navy?
You are a patriotic Ameri
can citizen, jealous of the
national honor, anxious
that it be maintained be
fore the world.
Safeguarding of Ameri
can lives and interests are
primarily in the hands of
the American Navy.
The Bee offers you a free
book on life in the navy. It
is officially published by
the government, with
many illustrations. Every
American should have a
copy of this book.
To get your copy, address
The Omaha Bee Informa
ti6n Bureau, Washington,
D. C. Ask for The Sailors'
Book. Enclose a 2-cent
stamp for return postage.
Our New
Service Department
Bwcdenborjr great woik on the life after
death, 400 pa get, only is centa poitpald.
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