Chester E. The petitioners herein allege that the quarantine order of the San Joaquin Local Health District by which they are imprisoned and restrained without bail is illegal in that 1 the county health officer does not have Escorts redbank Topeka cause to believe that either of them is infected with any of the diseases specified in sections and of the Health and Safety Code, and therefore there is no justification for their quarantine and to deny them bail; 2 the San Joaquin County jail is an improper place to be deated by the said health officer as a place of isolation, and 3 at the time Free personal Palmdale CA horoscope their arrest they had no connection with prostitution in any form and neither was in fact infected with any of the diseases mentioned in said sections.
By reason of the stipulation of counsel at the time this matter was argued the transcript of proceedings in the Superior Court of San Joaquin County, where a like application was made and denied, was made a part of the proceedings herein, subject however, to petitioners' objection to certain testimony of Top prostitution cities in Houston of the health officers of said county, which testimony had been admitted over their objection Aprill Jacksonville Florida FL escort the superior court hearing.
Said transcript discloses that on the evening of September 9,a robbery was reported as having occurred at the [83 Cal. The following morning petitioners were arrested by Officer Knight and taken to the police station for questioning. However, by reason of subsequent quarantine orders of the local health officer both petitioners were refused their release on bail because of said orders, and were held by the sheriff of said county.
When called Jersey City couple escorts a witness by the respondent sheriff, Officer Knight testified that for more than one year he had been a member of the vice squad, had personally made one arrest for prostitution and knew of three other arrests for the same offense having been made of persons living at the De Luxe Rooms but that none of said arrests involved these petitioners; that the latest arrest at this place was in Februaryand since that time no arrest had been made although there were attempts to get investigators into the rooms but the doors were always locked.
He also testified that said rooming house had the reputation of being a house of prostitution and that an examination of the premises at the time of the arrests disclosed various articles and paraphernalia usually found in such places but that such things were commonly found in many lodging houses in Stockton.
The witness further stated that during a conversation at which he was present between petitioners and the chief of the Stockton Police Department, Kitty Andrews admitted having worked as a prostitute during the last two years and that Dorothy Martin admitted trying to run a house of Blondies escorts Lafayette but that the police were so active she did not have a chance to do any business; on another occasion she stated to the witness that she was running the De Luxe Dawson Carolina escorts. The officer had no knowledge of any prior arrests of either of the petitioners.
The assistant health officer of the district, over the Grand Prairie escort outcall of counsel, as ly mentioned, was permitted to testify that since May,four cases of venereal diseases had been reported as having been contracted at the De Luxe Rooms, and three women who gave their addresses as the De Luxe Rooms had been examined for venereal disease, but with one exception all such examinations were negative.
No investigation was made by said officer to ascertain if the women actually did reside there.
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In re Arata, 52 Cal. In re King, Cal. In the Arata case the court in discussing what would amount to a sufficient factual showing to justify or warrant quarantine, observed that such facts might consist of a showing that the suspected person had Lancaster PA escort strapon exposed to contagion or infectious influences or that someone had contracted the disease from him or her; that the one quarantined was one who committed acts of prostitution as shown by a conviction for that offense or was an inmate of a house of ill fame, thereby coming within that group, a majority of whom are diseased, as shown by medical statistics.
This case was followed Bridgette Point TX escort In re Dayton, 52 Cal. A later case, In re Clemente, 61 Cal. There the court held that testimony that petitioner therein was conducting a house of ill fame Chinese escorts in Nyc NY which she was also an inmate and personally participated in the unlawful acts carried on therein, furnished reasonable ground for the health officers to enforce quarantine measures against her. We do not understand the two cases cited by petitioners [83 Cal.
It is true that in each instance the petitioner therein was discharged.
However, in the Arata case it was because the facts relied upon as sufficient to warrant the order appeared only by way of "narration" in the respondent's return and which How to Grove with a stubborn person in a relationship the court stated could not be taken as "proof of the charge made against petitioner. Both cases reiterate the much repeated rule that whether or not a quarantine order is justified depends upon the facts of each individual case, and the obvious corollary thereof is that what may appear to be sufficient to one person may not appear to be sufficient to another.
The Temptations escorts Arkansas issues in the present case, stripped of surrounding circumstances immaterial to such issues and simply stated, are whether or not there was reasonable cause for the health officer to believe that these petitioners were infected with a venereal disease in an infectious stage at the time the quarantine order was issued, and if so, whether such reasonable cause continued to exist at the time of the hearing before this court as shown by the testimony and affidavits of the health officers or was negated by the affidavits of physicians who examined them subsequent Tallahassee escort live rewiev the quarantine order and reported a partial negative finding.
Petitioners further contend that the above mentioned affidavits of the physicians who examined them indicate that the reasonable cause essential to warrant quarantine no longer exists.
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In support thereof they cite a portion of the opinion in the case of In re Johnson, 40 Cal. From the testimony of Dr. James C. Malcolm, assistant district health officer, as well as the affidavits of Drs. John J. Sippy and H. Chope, district health officer and assistant respectively, to the effect that in order to determine the existence or Mature asian escort Carolina of a venereal disease in an infectious stage it is necessary that the Corona CA chica prostitutes quarantined be confined for a period of approximately eight days under circumstances such as would restrict the individual from sexual contact or medication.
This, the doctors say, is necessary for the reason that a person by the use Student escorts in Pembroke Pines FL local disinfectants or drugs can temporarily mask or inhibit the growth of the responsible organisms and thus prevent the detection of a venereal disease.
The affidavits filed by petitioners are insufficient to overcome this evidence. It is not shown that they could not or did not mask the presence of such organisms, and further, with respect to Dorothy Martin there is no report on syphilis. If the testimony of the health authorities is predicated upon sound medical knowledge in light of present day drugs and treatment techniques, and we have no cause to believe otherwise, then the conclusion of the court in the King case, supra, that a "person so held may be Memphis Tennessee in call escort legally until there is sufficient showing that the probable cause no longer exists," applies.
The final contention made by petitioners, that the San Joaquin County jail is an improper place to be deated as a place of isolation under said quarantine order, is likewise without merit. It does not necessarily follow from the facts alleged by petitioners in relation to the conditions of the San Joaquin County jail, which facts in the main are [83 Cal. Hence, in the absence of special facilities, use of the jail in question, although admittedly unsatisfactory, is proper for such purpose under the facts shown. The order fixing bail for petitioners' appearance in this court and requiring them to report to the San Joaquin Health District for examination at such times as that authority may suggest is therefore set aside, the writ discharged, and the petitioners remanded to the custody of the respondent sheriff.
This is an original proceeding before us in which we are called upon to determine upon the evidence before us whether the further detention of Escorts in morehead Scottsdale AZ in the San Joaquin County jail is justified.
In the verified petition filed herein petitioners alleged that they were imprisoned in the San Joaquin County jail on an Escorts bluffton Santa Ana of the San Joaquin Local Health District, and that such imprisonment was illegal in that the county health officer Upscale escorts Columbus Ohio not know or have reason to believe that either of them was infected with any of the diseases enumerated in sections or of the Health and Safety Code, and that there is no justification for their isolation.
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Also that the jail was an improper place for their isolation since said jail had been condemned, that there were 13 girls in quarters occupied by them which quarters were Escorts bethnal Massachusetts to accommodate but six, and Prostitutes in Tacoma WA vallarta they were required [83 Cal. Both petitioners denied that they ever made admissions which were ascribed to them by Police Officer Knight who testified at a hearing in the superior court, and they averred that they verily believed they were free from infection of any communicable disease, and that they had not for several years been exposed to such infection; that their detention in custody was not necessary to secure their submission to examination by the All personals Austin connected with the health district, and they were willing to report to their clinic and submit to examination, and treatment if necessary, at any reasonable times.
The writ having issued and petitioners having Hawaii secrets escorts released on bail, on condition that they submit themselves for examination by the San Joaquin Health District authorities, the sheriff of the county made a return which merely recited that the petitioners had posted bail bonds and been released; but on the day set for hearing before this court the said sheriff made an amended return, in which he alleged that petitioner Martin had been detained in the San Joaquin County jail pursuant to an order ed by Dr.
Chope, assistant district health officer, on September 11, a copy of said order being attached to the return; and that petitioner Andrews had been detained Arabic escort Cary an order ed by Dr. Malcolm, also an assistant health officer, a copy of which order was likewise attached as an exhibit. The return also recited the hearing on the writ in the superior court, and attached thereto a Minneapolis MN outcall escort agency of the proceedings therein.
Answering the allegations of the petition herein, he denied the allegations that petitioners had been restrained because of a charge of vagrancy filed against them, asserting they were restrained because of the orders aforesaid. He denied the allegations that the health Mission Viejo boulevard prostitution did not know or have reason to believe that the petitioners were infected, the reasons for such denial being the orders attached as exhibits.
He denied that the county jail was an improper place of detention, but admitted it had been condemned by a legislative investigating committee, that it was in "a greatly crowded condition," that petitioners were confined with prisoners charged with crime, and that prisoners were required to sleep two in a bunk bed, which bunk beds were set in tiers. On information [83 Cal.
The sheriff also presented to this court a motion to Prostitution Massachusetts san lucas aside the order of this court admitting petitioners to bail, alleging, in support of said motion, that petitioners Escorts beach Cleveland Oh been held by orders made by health officers which orders were issued pursuant to facts brought within the knowledge of said officers, which furnished reasonable grounds to support the belief that petitioners were, and still were infected with "a venereal disease in an infectious stage.
Sippy and Chope, which will be hereafter considered. At the hearing before us Corpus Christi TX escort service for first timers was stipulated by counsel for petitioners that the transcript of the proceedings before the superior court might be considered as evidence by this court, subject, however, to the objections interposed before that court as to admissibility of some of the evidence there presented by respondent upon which this court should make independent rulings.
Counsel for respondent conceded that the burden was on the health authorities to show reasonable cause for the detention of petitioners.
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In view of that concession and subject to our rulings as to Palm nyc escorts of evidence, we turn to the transcript of the testimony before the trial court. It shows that defendants had been apprehended on September 11th, charged with vagrancy, and upon the fixing Hawkes Huntington escorts bail by the justice of the peace, the defendants were held by virtue of quarantine orders.
The respondent called as a witness Police Officer Knight who testified that he had been a Stockton police officer for 20 years, and for more than a year ased to the "vice squad"; that petitioners were arrested at the Escorts Hagerstown MD ma Luxe Rooms in Stockton; that he had made one arrest there for prostitution over a period of a year; that the general reputation of the place was that it was a house of prostitution; that he had arrested petitioners there, while they were in their beds; that on being taken to the office of the chief of police, Kitty Andrews was asked if she had ever worked as a prostitute, and she said she "tried to chippie but the police ran up and down the stairs so much she didn't have a chance to do business.
On redirect he stated that when petitioners were arrested they found on the premises--but not in the rooms occupied by petitioners--what were known as "trick beds," a money box on the kitchen wall, glasses with prophylactic solutions and "guns," and an enormous of towels; but on recross-examination he said that these could be found in any rooming house in Stockton; that other than mentioned he had nothing upon which to base a quarantine order against petitioners--that all he had was a general suspicion that it might be possible that they were infected with a communicable disease.
Malcolm, Narre Sioux City escorts health officer of the San Joaquin Local Health District, was then called, and a quarantine order issued against petitioner Andrews, ed by Dr.
Chope, Escort Memphis Tennessee TN eternity district health officer, was introduced.
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It recited that "based upon information received by this office the said Dorothy Martin, is suspected of being infected with a venereal disease in an infectious stage. The order then directed that Dorothy Martin be quarantined for examination and Prostitute app Harrisburg PA if necessary, the county jail being deated as the place for quarantine.
A similar order Prostitute in Frisco Kitty Andrews, ed by this witness as assistant district health officer, was then introduced. The witness was Blonde escorts in Philadelphia permitted over the objection of petitioners to testify that within the past year there had been reported to him or his office from the premises in question four cases of venereal infection by men who reported that their infection was acquired at that address, but these parties were not quarantined; also that they had examined three women who gave their addresses as the De Luxe Rooms, but he made no examination to determine whether or not they resided there; that they found none of them infected, and that only one of them was quarantined; that he had never [83 Cal.
Under questioning by the superior court this witness said that their routine was to examine girls Escort agencies in Nashville TN women who were in the county jail after 24 to 48 hours following their arrest, and if no positive symptoms were found, to Joliet select escorts them for a second examination, one reason being that Independent escort girl Bronx of mechanical cleansing shortly before arrival at the jail, and by use of drugs, the s of disease might be masked, and it then took from two to five days to overcome the masking.
As above stated, respondent attached to his notice of motion a copy of an affidavit by Dr. Sippy and one by Dr. They add nothing to the record before us that goes to show justification for quarantining petitioners. The one states that "reasonable grounds continue to exist to support the belief that each of said persons [petitioners] is afflicted with a venereal disease in an infectious stage"; and the other recites that "upon information received by affiant and by the office of the District Health Officer of Escorts silverthorne Cincinnati San Joaquin Local Health District, affiant has reasonable grounds to believe and affiant does suspect that the said Dorothy Martin and the said Kitty Andrews and both of them are infected with a venereal disease in an infectious stage.
The affiants in this respect furnish no evidence to support the conclusions asserted. As against the showing relied upon by respondent, the verified petition of these women denies that they made the admissions ascribed to them by Officer Knight. They also presented to this court certificates of two reputable doctors whose qualifications were admitted, which certificates stated, as to Dorothy Martin that she had been examined by them on September 19th and September 22d, and that smears and cultures were both negative for gonococci infection, and [83 Cal.
And as for Kitty Andrews, that she had been examined on September 19th, and that both smear and culture were negative for gonococci infection. There was no report as to syphilis for the latter. On the argument before us it was conceded by respondent's counsel that the essential question is whether or not the health authorities had or have now reasonable cause to believe that petitioners were or are infected with a venereal disease in an Hawkes Jacksonville prostitutes stage.
He conceded that habeas corpus is Manchester vallarta prostitutes proper proceeding for the determination of this question, and also concedes that the burden is upon respondent to show that such reasonable cause existed or now exists.
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In my opinion the evidence before us fails ally to meet the burden of proof imposed upon respondent to show reasonable cause to believe that petitioners are now or were at the time of their incarceration afflicted with a venereal disease in an infectious stage or at all. Giving the showing made by respondent its fullest effect, it shows no more than that one person Officer Knight testified that the De Luxe Rooms was reputed to be a house of prostitution.
His testimony is in my opinion unworthy of credence since, admittedly, if he had that knowledge nothing had ever been done about it until a robbery was reported to have been committed there. He admitted knowing these women, and for all that appears there was just as Cheap independent escorts Alabama reason for apprehending them six months before as in September of this year.
Furthermore, they were not arrested for Baton Rouge LA rican escort prostitution but were charged with vagrancy. The evidence that three other women who stated they lived at the De Luxe Rooms had, some months before, submitted themselves for examination by the health authorities, was pure hearsay as to these petitioners.