Show l MAYOR VM FINED v I I Ogden Court Says is Guilty and Imposes n 0 Penally P of Ten fen Doll Takes an on Appeal i 1 I I i i Special to the News New Ogden Jan city court has decided against t Mayor In the tM cane cavo wherein wh h hll wan Willi charged with hav Int violated the tho health laws Inwil by Invading the pest house hou e Tho decision m IllS rendered rud by hy Judge who lm posed a 1 nile Hue of ot UD on the defendant who u o nn nil appeal to tho district court f This casu has ht not lIt been without Its 1111 hlo at nt time oven even fea t n but the main of oC thu tho iu M as to t whether or not lIot n the state atilt hits has beNt been committed rill can nevor 1 or be but a 1 serious It 11 IN III probable that no Ju Judicial U not could bo mord solemn for tor ft 1 tribunal of limited such uch a athla Ij burt than i to I convict him who i Ir tho th chief executive of this city rf ct the violation of ot one ant of those ury WI he ho hat haH sworn to uphold Vet Yot It would bo monstrous till for nn any man of ot hi J exalted a law In with Impunity and 1111 d dby 1 by liy by Iy the th law In in III end the l In a 11 i the 11 I Will of ut nil all the people ot tills All mon men are alII bo IJ I in lifo life etl of fit Utah Hue Hur 1112 Thu fact that thal there m been hut but Wf proposed only this thin one utu uh dill der tule section l I oil nil tho moro more rea kon hy h thu Iho violation of ot It should b h lett It II be thou l It II remained Inactive it Id II without force tor e eIt It U 18 of ot the of at tin action and tile the i I havInK so ao t time for PI to ni vh MI thu h vie te and andas as UH In I hut the H lew of ot It d r not 11 lit wholly II with of ot the or the defense rt CH hy y appear at the are arean an to fin In Jan Jun Ie thele was m In tile the belon 10 to city elty Thomas tic Ih city elt Dr Condon had r Inri H Ii h hII lc It from contagious tJ 1 lIeu un that day da the defendant William In company any with Inspector I IU 01 lower ower maUo a II visit I H to tho th In tb the doorway rom 11 the tho hall the room th 1 wan I hut i to become infected fItel l witH will the II NoL dl III e i ht WUI liny III there thele nun riliO standing t en he an 01 the I to ile 1 or Jf not he rl a II hud Ih 1111 It Is doubtful whether lh or not every ever city elt lite th mayor was not lir I 1 1 If the iW mayor lacked con can Menco in III him hl wm to have hll appointed ull Kimi one olae ollie and not to Indulge In u II contrary The fhe mayor m or Mad another mo live the pest house hou e Ho wanted to become familiar with tho various departments of ot the of ot which he hl had HO recently become tho head hl and to determine det If It SOUle of the thu institutions Institution rould louILl not bo bl more economically all of ot which IK lit most praiseworthy Hut But thero Is IH al always ways a 0 and a II wrong method in accomplishing oven oon a useful end and In II Inthis this caso the mayor certainly was In Inthe Inthe the wron Tho defense de tense In III this case however re fl Hod on a n city ordinance which pro provides vides that the tho mayor Is chair chairman man of ot the tho board of health und and as such ho he has haB the general direction of ot th the operations of ot the city physician and sanitary Inspector Hut this ordinance means no more than It says He lie the mayor has haR the general direction of Jt them thein and supervision over oer them as OR ex executive of ot the city administration he must determine what In In Is the health policy of ot the tho city He Is III not by b this ordinance or given a n license to practice tire tice medicine He Is not to supersede those or their duties Ho He HoIs HeIs Is not to Interfere with the details of ot their offices There Th re Is III no 10 authority given him either expressed or Implied to visit I lt n P st houF without the re members of ot the sanitary corn com comIn In without consulting the city physician without expert eX ert advice after r what were the necessary precautions to be token taken Put Bu even conceding I that under the circumstances the de dO defendant an nn mayor had the right to visit o i ost house the tho for tor tho thoi i conceded that hu ho should havu ly disinfected und and tin for tor wan bagein n II contention that he did so What are the After the tha In the t houte nd talking with the tho nurse being ex el to tho foul toul air a It of ot the room eo 10 mt lt In II was Infected If It any allY germs The Tho mayor that he hI vent 11 t tu to the standard office In the tho but hUI with Inspector Poel He III In this most material lilt nt in by tIll for the pro cu cuin in II Mr II and Mrs Groome who ld nt he went Veil over tu to their thel house houll Im Jill j aft r leaving house hOUI Id III the Iho name clothes clothel he hll heon I on at the tho visit and had a pio with them They by h Mr lilt leu hony u a witness Wit II till called by the tid nd the conclusion 1 that memory failed him There lher Theren n Il among a RI thel or not shook hoole with tho the latter t that lw h did and the for forr or ir r Mis Powers that he did Ild not lt It not because I he came enma close pugh to them to communicate any allY fm lit lie may have had about his hll body bodye e f have never hud the tho small Ie Nuo MU to It the fact lived not a n great grent distance i tin Ih pest lel and arc Ille of ot humble lIou in 11 life lite does hI not them of ot protection of ot tho laws It Is II no u for tor the mayor exposing them 1 dread dl since am nl his hili own 1 testimony it appears alp ar that h a lead tI d lib thu law lal nut must have own hart h he stopped to consider that wu Wa violating till ft rt as al to them m mr ir r lower who showed shuell a R Cm U on the t to the mayor l f us consistent with tho thoU U yet It elt that thaI he lot tho 01 nut of nt hi hll it ot the corner irth anti ami An e un 1111 return fro III the tho post ti fir f no the defendant must hay havu hayr fill r b I ui II mistaken when he hI wild that Wont ct to tl the Standard vIRee i i t have along alone one aile the moot thickly frequented streets the lip do do and WitH quite a aw w tH ilM bufore he hll could change his thee cr t them nl nt the Standard he his hili olo holl and disinfected Ills HIs testimony t OH nil to how holl he did didn I n The tho means II In preparing tho mixture was III nut Hut If It It were ma mai i the tho lOUIt would as IS It II Is bound boundo o I In a criminal notion resolved ev el fn ot the defendant that th t th the dl was wall thor b Hut Hul It Is I not material because he hit changed his hl Jhc hr even by hy and under the statutes Jt t le III sufficient The Iw defense overdid WOO I It attempted to show nu t f of the doc J I 11 m 1 c ild ft It 1 It tJ n c ry fur t r the defense Menso stated In the It wan In Immaterial ti III his of the Calif whether or not the tho at nt the WitS was from froll smallpox or not He felled wholly on the fact that the defendant changed his hili clothes and himself before mingling with others Inasmuch as nil the court Is to disagree with him on nn this point It become to decide w whether hether or not tho patient I The Tha Judge examined the evidence evI on this point and found he hp hilt had the Iho smallpox It will thus be seen 11 that he two material facts necessary have I II I proven by 11 the prosecution Ilia th of ot a II doubt that the th de defendant did expose himself to a II conta contagious disease and 1 he hf mingled others other In the clothing worn by r him white while so 80 exposed and before the sum hall had been thoroughly disinfected 1 Hut But While there has certainly been a 11 violation of or the tho law on ilij Ih purl of ot the tho defendant the of ot this violation have not ben been very ery lM Only On two persons were violently exposed the tho others were met m t by It the th mayor after a n ride of two miles which two doctors was In a 11 Rood good In view Iel of thU and of ot the tho further r fact that there ther was no wilful violation of ot the law the tho court will not act upon lI on the tho suggestion URle of ut coun counsel sel for tor the prosecution and Impose only a nominal fine The Thc court then being fully tull In tile tho premises finds the defendant guilty us charged Wherefore It Is 18 ordered und and adjudged that said defendant pay pa a n fine of IO Signed J A nOELL Judge of ot Ogden Municipal Court |