ANNUAL REPORT OF THE GENERAL INSPECTOR. BY C. W. WEBBERT. During the first four months of the year 1914 the time of the General Inspector, other than that devoted to general office work, answering of correspondence, examination of vouchers, etc., was largely taken up assisting in the preparation of testimony for the case of the Woodman Lumber Company which was instituted in the courts of Dauphin County on July 18, 1913. Several trips were made in connection with this case to the Philadelphia office, to Cresson, Pittsburgh, and other points. This case came up for trial in the courts of Dauphin County in the month of April, 1914, Hon. Charles V. Henry, President Judge of the courts of Lebanon County, specially presiding. The Commonwealth was represented by James Scarlet, Esq., Deputy Attorney General J. E. B. Cunningham, and F. H. Hartman, Esq., specially employed to assist in securing testimony. The plaintiffs Woodman Lumber Company were represented by exGovernor William A. Stone, John T. Brady, Esq., Hon. M. C. Watson, and Bruce Campbell, Esq. About one week was taken up with the introduction of testimony on behalf of the plaintiffs. The case opened for the defendant and the Commissioner of Health was called as a witness. No further testimony on behalf of the Commonwealth was introduced, and on April 25th the case was concluded, the Jury rendering a verdict in favor of the plaintiffs in the sum of $38,000. The contract price in this case was $249,497.00 subject to a deduction on account of change of plans amounting to $1,436.35, leaving a net contract price of $248,060.65 on which had been paid the amount of $211,474.26, leaving a balance due plaintiffs of $36,586.39, which with interest from the 1st of January, 1913, the date when the contract was practically concluded, would have amounted to $39,330. In addition to this amount the plaintiffs claimed large sums amounting to about $80,000.00 for alleged extras and damages. The verdict was a decided victory for the Commonwealth and supported fully the contention of the Commissioner of Health that the claims of the plaintiff were not justified and that nothing was due the contractors other than the unpaid balance of the contract price. In the latter part of March, 1914, George W. Atherholt, local registrar of the registration district of the city of Philadelphia, who was also occupying the office of Chief of the Division of Vital Statistics of the Department of Public Health and Charities of the city of Phila 9-15-1916 delphia, was dismissed from his city office and Neva R. Deardorff was appointed by the Acting Director of Public Health and Charities to succeed him, thereupon the question arose between the Commonwealth and the city of Philadelphia as to whether or not under the provisions of Section 4 of the Vital Statistics Act of May 1, 1905, the ap pointee to the city office of Chief of the Division of Vital Statistics became ex-officio local registrar for the registration district of Philadelphia. In the meantime the appointee of the Commissioner of Health, George W. Atherholt, secured offices outside of City Hall and continued to act as local registrar. In order that this question might be determined and unnecessary duplication of work avoided, quo warranto proceedings were instituted by Attorney General John C. Bell against Neva R. Deardorff to show by what authority she attempted to exercise the duties of local registrar in and for the registration district of Philadelphia. This case was heard in the courts of Dauphin County before Hon. George Kunkel, President Judge. An opinion was rendered on the case by Judge Kunkle upholding the contention of the Department of Health and Charities of the city of Philadelphia and confirming the right of Neva R. Deardorff to be continued as local registrar. From the decision of Judge Kunkel an appeal has been taken and is now pending in the Supreme Court. During the year 1914 there were very few reported violations of quarantine laws and only two prosecutions were ordered: one in Westmoreland County for a violation of quarantine restrictions for diphtheria, and one in Lancaster County for the failure of a physician to report cases of diphtheria. The Lancaster County case is of special interest. The defendant, Dr. W. W. Evans of Lititz, was prosecuted in 1912 and fined for similar offenses. In the present case the child he was treating died and considerable public sentiment was aroused against the physician because of his failure to report the case as diphtheria and have the premises quarantined and because he had neglected to administer antitoxin. This case was heard before a magistrate in the city of Lancaster and the defendant was fined the maximum fine of one hundred dollars and the costs of prosecution. An appeal was taken to the court of Common Pleas of Lancaster County and the case was reviewed by the Common Pleas court and the judgment of the magistrate affirmed. The defendant, Dr. Evans, has appealed from the judgment of the Common Pleas court to the Superior Court of Pennsylvania in which court the case is now pending. In the month of February, 1914, a complaint was received from citizens of Torresdale, Philadelphia, alleging that a cemetery had been established just outside the city lines in Bucks County in Bensalem Township and in dangerous proximity to Poquessing Creek which empties into the water supply of the city of Philadelphia a short distance above the Torresdale intake. An inspection was made by the General Inspector which confirmed the statements of the petitioners, the proposed location of the cemetery being on a tract of sloping land draining directly into the said creek but a few hundred feet away. This matter was taken up with the owners of the cemetery plot and a stipulation was entered into by the several owners to the effect that no burials should be made in that part of the tract definitely designated by meets and bounds which was on the slope toward the creek, but that burials should be restricted to another part of the tract sloping in an opposite direction and at a more remote distance from the stream. This agreement was entered of record in Bucks County and was an adjustment satisfactory to all parties. During the month of June notices from fourth-class school districts to the effect that resolutions had been adopted not to have medical inspection for the ensuing year were received by the General Inspector, tabulated, indexed, and filed. The number of these notices received added still greater encouragement to the work of medical inspection, only 219 fourth-class districts having voted against medical inspection in contrast with 585 districts in 1913, 844 in 1912, and 1,617 in 1911. It is quite aparent that the medical inspection of schools generally is meeting with favor among the people of the State. During the year the General Inspector visited and was in conference with the following County Medical Inspectors regarding conditions in their several districts, viz: Dr. S. Meigs Beyer, Jefferson Co. Dr. Joseph Scattergood, Chester Co. Dr. T. N. McKee, Armstrong Co. Dr. J. T. Iams, Greene Co. and also was in conference in the office at Harrisburg with Dr. J. R. Dickson, Adams Co. Dr. Walter de la M. Hill, Bedford Co. Dr. J. T. Butz, Lehigh Co. Dr. P. P. Fisher, Mercer Co. Dr. R. H. Simmons, Northumberland, Dr. A. R. Johnston, Perry Co. Sixteen special inspections were made during the year relating to the work of Health Officers of the Department, three inspections relating to the work of Stream Inspectors, and three inspections regarding the work of Medical Inspectors of Schools. |