as railroad men; that the interests of the public health demand uniformity in the matter of transporting the bodies of the dead, yet, this is not an easy thing to accomplish, unless the various State Boards of Health are willing to yield something in the interests of harmony. After due consideration of all suggestions offered we believe the rules now proposed cover all essential features, and reflect the views of the majority of those to whose attention the subject has been called. While hoping that eventually all conflicting opinions may be entirely harmonized, we think it advisable that a beginning should be made, and would therefore suggest that these rules go into effect about September first of this year. We suggest this date, as it will give ample time to give notice in the larger towns and cities to all undertakers. Will you kindly lay the matter before the State Board of Health for approval, and advise Mr. J. E. Quick, Secretary, Detroit, Michigan, of the result of your deliberations as soon as convenient? We would add, that similar letters are being sent to the several state boards of health. F. J. MCWADE, G. B. A., P. R. R. G. E. ZIPPEL, G. B. A., D. L. & W. R. R. J. J. POST, G. B. A., N. Y.,L. E. & W. R. R. H. W. SOUDERS, G. B. A., P. & R. E. B. BYINGTON, G. P. A., L. V. R. R. R. R. BENTLY, G. B. A., PENNA. Co., P. C. & S. L. R. E. W. UTLEY, G. B. A., ALLEGHENY VALLEY. C. W. BASSETT, G. B. A. PITTSBURGH & WESTERN R. W A. C. CLARK, G. B. A.,PITTSBURGH & LAKE ERIE R. R. (b.) LETTER OF H. P. DEARING. Mr. F. J. McWade, G. B. A. Penna. Co., Philadelphia, Pa. DEAR SIR-Referring to your favor of the 20th enclosing correspondence from Mr. Benjamin Lee, Secretary Pennsylvania State Board of Health, in the matter of transporting dead bodies. I must confess that the rules and transit permit of the Pennsylvania State Board of Health are so good, so far ahead of so many others, and practically so near like ours that I dislike to say that they ought to change them. In fact, the medical gentlemen are better able to judge of their duty in the matter. I am advised by Mr. Quick however, that replies from quite a number of state boards indicate that the rules proposed by our Association will be approved by nearly all, and possibly in the interest of uniformity the Pennsylvania Board will agree to adopt our rules in their essential features in the event that our rules are generally adopted by the other state boards. The principal discrepancy appears to be in the matter of disinfectants as required in Rule 2, and otherwise it occurs to me the railroads in Pennsylvania can harmonize with them so they are practically the same. Thus in Rule 7 a paster is required giving certain information. I think this could be arranged between the undertakers and the railroads at all principal points and it is not essential that the State Board of Health pass upon it. However I would not care to assume to decide these points, but am only giving my individual opinion, but I trust you will bring the matter before the Association so we can discuss it fully. (Signed) Yours truly, (c.) LETTER OF SPENCER MEADE. H. P. DEARING. Dr. Benjamin Lee, Secretary and Executive Officer, Board of Health, State of Pennsylvania. DEAR SIR :-Both our company, and the persons having in charge the transportation of dead bodies from Pennsylvania into New York state are being very much inconvenienced and embarrassed owing to the Health Officers in Pennsylvania not using the form of transit permit required by your Rule 7 of your regulations. While the regulations issued by the board of health of New York State will permit transportation of dead bodies accompanied by a transit permit issued on regular form of either states, they will not permit the transportation of dead bodies on a doctor's certificate, or an informal certificate from the health officer, and in consequence all bodies received over our road for movement from Pennsylvania in New York state, we are required to secure the necessary information from the certificate accompanying the body, and secure from the health of ficer at Elmira a proper transit permit, and the body has to be held until same is secured. We had a case to day of a dead body forwarded from Williamsport, Pa., for Auburn, N. Y. The information given on the ecrtificate issued by the health officer at Williamsport was not sufficient to enable the health officer at Elmira to issue a transit permit, the date of death and age of deceased not being given. We took occasion to enquire of health officer Richter of Williamsport why he did not use the regular form of transit permit as authorized by your board and he answered that he was not supplied with blanks, and therefore simply endorsed the certificate of the attending physician. The form of transit permit is very generally used in this state, and I think has been found by physicians and others a great convenience, and I am sorry your Board did not make the use of them in Pennsylvania obligatory, as is done in New York state, as the Pennsylvania transit permit is accepted for transportation in New York state the same as one issued by a Health Officer of this state. I would suggest that for the better convenience of the public and rail roads having occasion to transport dead bodies, that your health officers be furnished with a blank form of transit permit and be requested to use them. By doing this you will not only accommodate the railroad companies having lines running between the two States, but will save a great deal of annoyance and inconvenience to persons having in charge dead bodies passing from Pennsylvania into New York state. Yours respectfully SPENCER MEADE. V. TO THE METEOROLOGICAL COMMITTEE OF THE FRANKLIN INSTITUTE. To the Meteorological Committee of the Franklin Institute. GENTLEMEN :--I have been deeply interested in reading the report of the State Weather Service in the Annual Report of the Department of the Internal Affairs for 1887. Considering the brief time which has elapsed since the inauguration of that important bureau and the small amount of money placed at its disposal as compared with the extent of its field, the systematic completeness of its work is remarkable, and compares favorably with that of other states in which such a service has been in operation for many years. I say this not unadvisedly, having been compelled for the past fifteen years, as chairman of the Committee on Meteorology and Epidemics of the Philadelphia County Medical Society. Lecturer on Hygiene to the State Medical Society, and, later, Secretary of the State Board of Health, to keep a careful watch in this highly practical departiment of science. The relationship of atmospheric conditions to health has always been recognized, as witness the phrase, as old as our language-"under the weather"but never until the systematic observation of the last few years, maintained uninterruptedly by an immense number of observers over large areas of territory, has the opportunity been afforded for such intelligent study of this relationship as might lead to practical results in the preservation of the public health. As a single instance of the value of such studies I would call your attention to the admirable paper by Provost William Pepper, of the University of Pennsylvania, on the "Geological Distribution of Consumption of the Lungs and Malaria” in this state, which will be found in Second Annual Report of the State Board of Health. Among the results which may undoubtedly be arrived at by the labors of this service, if generously supported by the state government, is the determination of points of unusual salubrity within our borders to which invalids may resort, either for temporary relief or for permanent abode, and thus be saved exhausting journeys and the sadness and tedium of exile. The diversities of the climate of 38 BD. HEALTH. this immense commonwealth probably offer many such regions now un suspected, which may not only afford refuge to our own citizens, but may attract seekers after health from all parts of the country. To the elucidation of these subjects the State Board of Health designs to devote careful attention, and it hopes to find in the State Weather ser vice an earnest and efficient co-laborer. My object in addressing this communication is to inquire whether, with the clerical force now at its disposal, your committee, which I understand to have virtual control of the service, would be able to furnish me meteorological reports modified to suit the especial requirements of sanitary investigation. Precisely what those modifications might be I am not in a position to state until I have a more thorough knowledge of the work now done, but I may say in a general way that it would involve considerable abridgement or condensation, and arrangement with reference to the different seasons. Trusting that our departments may be able so to co-operate in their efforts to promote the common weal as to place Pennsylvania in the front rank of progressive and enlightened commonwealth in these respects as she is already in the development of her natural resources. I am gentlemen, with great consideration, BENJAMIN LEE, Secretary. VI. MISAPPROPRIATION OF THE NAME " STATE BOARD OF HEALTH" IN ADVERTISING. (a.) LETTER TO DISTRICT ATTORNEY GEO. S. GRAHAM, ESQ. PHILADELPHIA May, 15th, 1889. George S. Graham, Esq., District Attorney, Philadelphia, Penna. DEAR SIR-Enclosed you will please find an advertisement of “Cotton Seed Oil," together with the back of the wrapper in which it was enclosed. It is evident that the article is being extensively advertised in this manner; the object being, to convey the impression that the State Board of Health is endorsing it. I have consulted the Attorney General of the state, as to whether a department of state government, cannot be protected against such a false assumption of its name. He replies "that there is no statute especially providing for such a case." I therefore, appeal to you to know whether the parties thus advertising would not be liable to indictment for obtaining money by false pretenses; or, whether, if several persons concerned in it, the transaction might not be held to be an indictable conspiracy. Should you hold that action in either of these directions is justified, I shall be glad to confer with you in regard to the prosecution. Yours very respectfully, BENJAMIN LEE, Secretary. (b.) LETTER FROM ATTORNEY GENERAL W. S. KIRKPATRICK, ESQ. HARRISBURG, May 14th, 1889. Benjamin Lee, M, D., Secretary State Board of Health. DEAR SIR-I beg leave to acknowledge your communciation of May 3d, enclosing advertisement of cotton seed oil, together with the back of the envelope in which it was sent, and asking to be informed in what way the State Board of Health can be protected against such a misappropriation of its name. I find no statute specifically providing for such a case. The sending of the envelope enclosing the advertisement, resulting in a purchase of the article advertised, and the payment therefor by the customer under the impression that the article in question has received the approval and endorsement of the State Board of Health, contrary to the fact, might make the person sending, as well as the person authorizing the advertisement to be sent, under such circumstances, if with the intent to deceive and to obtain money upon the strength thereof, liable to an indictment for obtaining money by false pretenses. It would seem to be analogous to the case of the use of a false brand or trade mark for the purpose of imposing upon a customer or buyer a spurious article. I would refer to Wharton's Criminal Law, 9th Edition, vol 2. sec. 1158, for several illustrations of this principle. The combining of two or more persons for the purpose of imposing an article upon the public, under the circumstances which you detail in your communication, by the use of a device or brand or advertisement calculated to mislead buyers into the purchase of a spurious or inferior article, might also be held to be an indictable conspiracy. Of course I am only suggesting possible cases in the absence of further details as to the circumstances under which the particular advertisement and envelope enclosing the same, which I herewith return, were sent. It would be very proper for you to consult the District Attorney and lay before him the facts, and he could then determine whether the elements of an indictable offense exist. Very respectfully yours, VII. CIRCULARS OF RAILROAD COMPANIES ON DISINFECTION a.) CIRCULAR OF PENNSYLVANIA RAILROAD. The efficiency of the service depending largely on the health of the empolyés, the attention of all is called to the following points, in regard to disinfection, and general preventive measures against disease. |