Hyperlawhypertext legal databasebeta In re Fisher 74 Cal. App. 225

← Cases

In re Fisher

74 Cal. App. 225 Court First Appellate District, Division One. Decision date 1925-08-26 Docket Crim. No. 1294 English

Delivered by TYLER, P. J.

Contents

Majority

p. 225
[Crim. No. 1294.
First Appellate District, Division One.
August 26, 1925.]
In re MABEL FISHER on Habeas Corpus.

Headnote

[1] Public Health—Affliction With Infectious Disease—'Isolation by Municipal Health Officer—Habeas Corpus.—While section 2979a of the Political Code, which confers upon every county or city and county health officer the right to take such measures as may be necessary to prevent the spread of gonococcus infection, does not in express terms confer upon him the right to take possession or control of the body of one so afflicted, as it does in the case of state board of health, the isolation of one afflicted with an infectious disease is a reasonable and proper measure to prevent the increase and spread thereof; and where an application for a writ of habeas corpus shows on its face a legal cause of detention of petitioner upon the order of a city and county health officer, the application will be denied.
(1) 29 O. J., p. 254, n. 18, 23.
1. General delegation of power to guard against spread of contagious disease as including power to quarantine, note, 8 A. L. R. 837 .
Right to habeas corpus to test validity of quarantine, note, 2 A. L. R. 1542 . See, also, 13 Cal. Jur. 255; 13 Cal. Jur. 300; 12 R. C. L. 1290.
APPLICATION for a Writ of Habeas Corpus to secure the release of petitioner from quarantine.
Denied.
The facts are stated in the opinion of the court.
Ernest B. D. Spagnoli and Walter F. Lynch for Petitioner.

Application for writ of habeas corpus. It appears from the petition that on or about August 14, 1925, Dr. Wm. C. Hassler, health officer of the city and county of San Francisco, after an examination, ordered petitioner quarantined at the County Hospital, he having found her to be suffering with a gonococcus infection.

[1] It is claimed that such detention is unlawful for the reason that such officer is without authority to control the body of petitioner, such power residing alone in the state board of health.

p. 226
Section 2979a of the Political Code confers upon health officers of every county or city and county the right to take such measures as may be necessary to prevent the spread of diseases of the character of which the applicant is suffering.

While the section does not in express terms confer upon the officer in question the right to take possession or control of the body of one so afflicted as it does in the ease of state board of health, the isolation of one afflicted with an infectious disease is a reasonable and proper measure to prevent the increase and spread thereof. (In re Johnson, 40 Cal. App. 242 [ 180 Pac. 644 ].)

The petition showing on its face a legal cause of detention, the application is denied.

Knight, J., and Cashin, J., concurred.

Cases cited