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Disease and Health:
Insanity, Smallpox, and General Health Attitudes

"Walla Walla WT Civil Court hearing: Whitman Seminary, Dorsey S. Baker, et al. vs. the City of Walla Walla 1869"

By Errin R. Edlin

 

Source: Frontier Justice Walla Walla County Civil Case file; 1869; #88

Subject: Petition re: Establishment of a Smallpox Pest House

Synopsis: The Whitman Seminary, Mr. Dorsey Baker, and seven others are petitioning the city of Walla Walla to establish the smallpox pest house in a location farther away from residences and businesses than the current property slated to be used for that purpose. Frank R. Dugan, the attorney for the city, files a motion to dismiss because the petition does not involve any actual crime or question of law.

Text:

Territory of Washington
Walla Walla County
D S Baker
A.(?) Connoyer
David Whitney
B.J. Stone
W.O Green
O Porter
E Ells & The Whitman Seminary
J.T. Boyer Plffs
vs
The City of Walla Walla Deft
In the District Court
First Judicial District
The Plffs for cause of action against the Deft shows to the court that there is a man whose name is unknown to the Plffs in the city of Walla Walla W.T who is affected with confluent small pox a contagious disease, that said city is a corporation whose duty it is to provide against the spread or introduction of such contagious diseases within said city limits and further to provide a pest house and remove the persons so affected thereto and away from the vicinity of the residences and business places of the inhabitants of said city And the Plffs further show to the court that the Deft has within the limits of said city purchased a house and propose at once to take all persons affected with such small pox to the same And the Plffs further show to the court that Plffs are located within the immediate vicinity of said house and have their homes and families there that the prevailing winds blow directly from said pest house to the houses of these Plffs and that if said small pox shall be removed to or put into said house said disease will be easily and almost certainly communicated to these Plffs and their families and thus endanger their lives And Plffs show to the court that said Deft threatens to immediately put such cases within said house and in the vicinity of these Plffs and unless restrained by order of this court said Deft will carry into office its purpose and threat and to the irreparable injury of these Plffs And Plffs further show to the court that there are houses within a reasonable distance from the Deft which the Deft can obtain for said purpose and which houses are so far removed from any of the inhabitants of said city or county as not to endanger any of them and that these Plffs will free of charge furnish such a house to the Deft until the Deft can purchase a suitable house in the right and name of Deft that the house which these Plff propose to furnish as aforesaid is suitable for the same Wherefore these Plffs pray for an order of this court restraining said Deft from removing to or putting into said pest house any cases of small pox and for general relief in the premises
BL. Shirpetine &
J H Lasater Attys
for Plffs
Territory of Washington
Walla Walla County

DS Baker being first duly sworn says that he is one of the Plffs in this case and that he verily believes the foregoing complaint is true
D.S. Baker
Subscribed and sworn to before me this ___________________69(?)
OP Lacy Justice of the Peace

 

<<NEW DOCUMENT>>

Territory of Washington
County of Walla Walla
To the City of Walla Walla
You are hereby notified that unless you appear in the District Court of the 1st Judicial District on the 1st day of the next term thereof which shall commence twenty days or more after the service of this complaint the same will be taken as confessed and the prayer thereof granted
Dated January 30th 1869
J.H. Lasater &
Sharpslini & Johnson
Attys for Plff

{REVERSE}

Ordered
That the application(?) for an inspection(?) be heard at the Court House at 6o PM. this Jary 30th 1869 and that a copy of this complaint be served on the Mayor & President of the council(?) or _____(?) of hem & that the City Attny F P Dugan(?) be notified by the Mayor of the hearing herein fixed
Jary 30 1869
J Wyche(?)
Judge X

-------------------------------fold-----------------------------
{horizontal column}

D.S. Baker
et al Plffs
vs.
The City of Walla Walla W.T Deft

Complaint notice

Filed Jan 30th ‘69
B. G. Wyche(?)
Clerk

---------------------------fold--------------------------------

Service of copy Marked X
Service accepted
Jan, 30 1869.
James McAuliff Mayor

 

<<NEW DOCUMENT>>

Territory of Washington
County of Walla Walla

D S Baker and others Plffs
vs.
The City of Walla Walla Deft

Comes(?) now(?) the Deft by Frank R Dugan Atty for said Deft and dismiss(?) to Plff complaint here for the following reasons 1st – said complaint does not alledge any wrongful act of Deft or any violation of any law and on the contrary admits that Deft had full right and authority and was in duty bound to do the act sought to be complained of
2nd said complaint does not state fact sufficient to constitute a course of action or entitle _ _____ to relief _________(?).
Frank R Dugan
Deft Atty

{REVERSE}
{horizontal column}

D S Baker
& others
vs.
the
City of Walla Walla
Demurrer(?)

~~~~~~~~~~~
Filed Jan 30th ‘69
B.G. Wychi
Clerk