RELATIVE TO 
NIlTICtS OF DISEASES WHICH EHDAHGER THE PWC HEALTH; 
DUTIES OF 
HOUSEHOLDERS, PHYSICIANS 
AND OTHERS. 
CIRCULAR 
FROM THE 
STATE BOARD OE HEALTH 
OF MICHIGAN, 
TO SUPERVISORS AND OTHER OFFICERS OF TOWNSHIPS 
TO PRESIDENTS AND OTHER OFFICERS OF INCORPORATED VILLAGES, 
And to Mayors and other Officers of Cities, 
CIRCULAR NO. 34, 
Being a Modification of Circular No. 25, embodying one new law and one amended law on 
this subject. [While this circular relates chiefly to the duty of giving notice of cases of diseases which 
endanger the public health and to the means of securing such notices, it is not to he supposed that 
the object of the law in requiring such a notice is secured merely by the giving of the notice. The 
board of health has duties to perform, immediately upon receipt of such a notice, in the way of 
taking measures to restrict the spi'ead of the disease, which it is a great violation of public trust 
for it to neglect or postpone. Some of the duties of the local board and of the health officer, 
relative to the restriction and prevention of diseases, are treated in Circular 35 from the State 
Board of Health. J HOUSEHOLDER’S AND PHYSICIAN’S NOTICES 
OF DISEASES WHICH ENDANGER THE 
PUBLIC HEALTH. 
DUTIES OF SUPERVISORS OF TOWNSHIPS, PRESIDENTS OF INCORPO- 
RATED VILLAGES, MAYORS OF CITIES, AND OTHERS. 
[Circular 34.] 
Office of the State Board of Health, 
Lansing, Michigan, January, 1880. 
To the Supervisor and all other Officers of Townships, the President and other 
Officers of Incorporated Villages, and to the Mayor and other Officers of 
Cities in Michigan: 
Gentlemen:—Your attention is respectfully asked to the laws in this 
State relative to the reporting of diseases which endanger the public health, 
and to some of the duties of householders and physicians, supervisors and 
other officers of townships, health officers of cities and villages, and of the 
prosecuting attorney in connection therewith. Sections 1734 and 1735 (sections 
43 and 44of chapter 46), compiled laws of Michigan, 1871, are as follows:— 
(1734.) Sec. 43. Whenever any householder shall know that any person within his 
family is taken sick with the small-pox, or any other disease dangerous to the public 
health, he shall immediately give notice thereof to the Board of Health, or to the 
Health Officer of the township [city, or village*] in which he resides; and if he snail 
refuse or neglect to give such notice, he shall forfeit a sum not exceeding one 
hundred dollars. 
(1735.) Sec. 44. Whenever any physician shall know that any person whom he is 
called to visit is infected with the small-pox, or any other disease dangerous to the 
public health, such physician shall immediately give notice thereof to the Board of 
Health, or Health Officer of the township [city, or village*] in which such diseased 
person may he; and every physician who shall refuse or neglect to give such 
notice, shall forfeit, for each offense, a sum not less than fifty nor more than one 
hundred dollars. 
Householders to 
give notice of 
disease; penalty 
for neglect. • 
Penalty on phy- 
sician neglecting 
to give notice. 
The foregoing sections refer especially to officers of townships; but the legis- 
lature of 1879 so amended section 1740 (section 49 of chapter 46, C. L. 1871) 
as to make all the provisions of said chapter apply equally to the boards of 
health and the officers and inhabitants of cities and villages in this State; en- 
joining upon them the performance of all duties required by said chapter, and 
imposing like penalties or forfeitures for the non-performance of such 
except in cases where the charters of such cities and villages contain provis. 
* See section 1740, compiled laws of 1871, as amended by Act No. 145, laws of 1879, printed herewith. 
(263) 4 
HOUSEHOLDERS’ AND PHYSICIANS’ NOTICES OP 
ions inconsistent therewith. The duty of giving notice of a case of a disease 
which endangers the public health is one clearly within the meaning of the 
law; and it therefore rests alike on inhabitants of cities, villages, and town- 
ships, and on all physicians practicing within the State. Section 1740, as 
amended by Act No. 145, laws of 1879, is as follows :— 
Board of Health 
in cities and vil- 
lages, who to 
constitute. 
(1740.) Sec. 40. The mayor and aldermen of each incorporated city, and the presi- 
dent and council, or trustees of each incorporated village in this State, in which no 
board of health is organized under its charter, shall have and exercise all the pow- 
ers and perform all the duties of a board of health as provided in this chapter, 
within the limits of the cities or villages, respectively, of which they are such 
officers. The provisions of this chapter, and the amendments thereto,’shall, as far 
as applicable, apply to all cities and villages in this State, and all duties which arc, 
by the provisions of this chapter, to be performed by the board of health of town 
ships, or by the officers and inhabitants thereof, shall in like manner be performed 
by the board of health and the officers and inhabitants of such cities and villages, 
with a like penalty for the non-performance of such duties, excepting in cases 
where the charters of such cities and villages contain provisions inconsistent 
herewith. 
Duties of officers 
and inhabitants 
of cities and 
villages. 
In each of sections 1731 and 1735 a forfeiture 13 declared for neglect to com- 
ply with the requirements of the law. Act No. 157, laws of 1879, makes it 
the especial duty of the health officer of the city or village to give written 
notice to the prosecuting attorney of his county of every instance in which he 
may know or have good reason to believe that a penalty or forfeiture has been 
incurred by the neglect of any householder or physician in his city or village 
to give the notice required by law, of a case of disease dangerous to the public 
health. This act, omitting the title, is as follows:— 
Health officer 
to notify prose- 
cuting attorney 
of all failures to 
report. 
Section 1. The People of the Slate of Michigan enact, That it shall be the duty of 
the health officer of each village and city in this State, whenever he shall know, or 
have good reason to believe that any penaltjr or forfeiture has been incurred Within 
his city or village, by reason of neglect to comply with section one thousand seven 
hundred and thirty-four [1734] or section one thousand seven hundred and thirty- 
five [1735] of the compiled laws of eighteen hundred and seventy-one, forthwith to 
give notice thereof, in writing, to the prosecuting attorney of his county, which 
notice shall state, as near as may be, the time of such neglect, the name of the per- 
son incurring the penalty or forfeiture, and, as near as can be ascertained, the name 
or names of persons sick with a disease dangerous to the public health, and not 
reported as the law requires. 
What notice to 
state. 
The duty of the prosecuting attorney to prosecute, is specifled in section 
6S55, compiled laws of 1871, printed on the next page. 
As regards the execution of the law in townships, section 690 of the compiled 
laws of Michigan, 1871, provides that “ The supervisor of each township shall 
prosecute, in the name of the people of this State, or otherwise, as may be 
necessary, for all penalties and forfeitures incurred within his township, and 
for which no other officer is specially directed to prosecute.” 
Sections 0852 and 0853 of the compiled laws of 1871, also relate to the du- 
ties of supervisors, and of all other township officers, concerning forfeitures; 
they are as follows : 
(6S52.) Sec. 12. It shall he the duty of every supervisor, whenever he shall know 
or have good reason to believe that any penalty or forfeiture has been Incurred 
within his township, which shall be recoverable by action before a justice of the 
peace, according to the foregoing provisions of this chapter, forthwith to commence 
and prosecute a suit, in the name of the people of this State, for the recovery 
thereof. 
(6853.) Sec. 13. It shall be the duty of every other township officer, who shall know 
or have good reason to believe that any penalty or forfeiture has been incurred 
within his township, forthwith to give notice thereof to the supervisors. 
Duty of super- 
visors to prose- 
cute. 
Duty of other 
township offi- 
cers. 
It is thus plain that when a householder in any township, or a physician 
who treats a case in any township, does not comply with, the requirements of DISEASES WHICH ENDANGER THE PUBLIC HEALTH. 
5 
sections 1734 and 1735, by giving immediate notice of any disease dangerous 
to the public health, it becomes the duty of the supervisor of the township to 
prosecute him, “ in the name of the people of this State,” for the recovery of 
the forfeiture; and that in cities and villages the health officer, when he has 
reason to believe that a penalty or forfeiture has been incurred under the law 
quoted, must give notice thereof to the prosecuting attorney of his county, 
whose duty it is to prosecute, without delay, in all cases in which he has reason 
to believe that a penalty or forfeiture has been incurred by reason of the viola- 
tion of sections 1734 and 1735 of the compiled laws. This duty of the 
prosecuting attorney is plainly stated in section 6855, compiled laws of 1871, 
as follows:— 
(8S55.) SEC. 15. In the cases mentioned in the last preceding section, and in all other 
cases where the prosecuting attorney shall know or have good reason to believe 
that a penalty or forfeiture has been incurred within his county, it shall be the duty 
of such prosecuting attorney, without delay, to prosecute for such penalty or for- 
feiture; and in all cases where any suit shall be instituted by the supervisor, as pro- 
vided in this chapter, it shall be the duty of such prosecuting attorney, if requested 
by such supervisor, to attend to and conduct such suit on behalf of the plaintiffs. 
Duties of pros- 
ecut‘nS attor- 
The manner of commencing such action is specified in the same chapter 
(Ch. 216) of the compiled laws, from which the sections just quoted are taken. 
In nearly all cases, epidemics can now be prevented by intelligent and act- 
ive boards of health, if such boards receive due and timely notice of the first 
case, and first appearance of subsequent cases of all communicable diseases. 
In the interests of life and health it is, therefore, important that the laws re- 
quiring prompt notice to be given of the occurrence of diseases which endan- 
ger the public health shall be strictly complied with. 
There are other reasons why these diseases should always be reported and 
carefully recorded. If this is done, such records will in time make it possible 
to learn much concerning such diseases and their prevention, which cannot 
well be learned in any other way. 
The present law intrusts the guardianship of the public health with the 
local board of health in each city, village, and township, and this local board 
of health is largely responsible for the spread of any communicable disease 
within the township, village, or city; because the board is supposed to have 
timely notice of every outbreak, and to act promptly for the restriction of any 
such disease. If the local board does not receive such notices, this is, in some 
degree, its own fault; because the law requires each member of the township 
board, whenever he shall “have good reason to believe” that a forfeiture has 
been incurred “ forthwith to give notice ” to the supervisor, and it is the 
duty of the supervisor “forthwith to commence and prosecute a suit;” and in 
cities and villages, the law requires the health officer to give notice of all such 
forfeitures to the prosecuting attorney, who is required by section 6855 to 
prosecute for every such offense. 
But “prevention is better than cure,” and a wise forethought, with a small 
outlay, employed in placing before the people the requirements of the law on 
this subject and the importance of compliance therewith, may save a much 
larger outlay in the prosecution of such cases, and especially may it save the 
great expense which would be required in combating a communicable disease 
if such disease should once get a start in the community. 
It is, therefore, especially desirable that the local board take such action 
as will lead to a general understanding of this subject by the people of the 
locality. As one means to this end, this State Board of Health recommends 
that every local board have printed and freely distributed within its jurisdic- 6 
HOUSEHOLDERS’ AND PHYSICIANS’ NOTICES OF 
tion, blanks for the use of householders and physicians in giving notice of dis- 
eases which endanger the public health, on which blanks shall be printed sec- 
tions 1734 and 1735, with such references to the requirements of sections 6852, 
6853 and 6855, compiled laws of 1871, and to acts Nos. 145 and 157, laws of 
1879, as will show the people the necessity for compliance with the first named 
sections.* 
Such blank notices and sections of law may be distributed in various ways; 
but, in townships, if the supervisor distributes them at the time of making the 
assessment or at any other time, and calls attention to the fact that the law 
requires him to prosecute for non-compliance, it is believed that much good will 
result from the attention thus attracted to the subject, and that there will then 
be fewer occasions for the prosecutions which it is the duty of the supervisor 
to make if occasion requires. In cities and villages it is of still more impor- 
tance that a thorough distribution shall be made in such manner as will at- 
tract the attention of people to this subject, and that the distribution should 
requently be repeated. 
Printed herewith is a form of Notice, recommended by this Board, having 
upon its back sections 1734 and 1735 and summary statements of sections 
6852, 6853, and 6855, compiled laws of 1871, and acts Nos. 145 and 157, laws 
of 1879. 
The first thorough distribution of these blank notices and sections of law 
throughout your jurisdiction will serve the very useful purpose of calling gen- 
eral attention to the subject, as will also public notices posted in conspicuous 
places; but in time the blanks may be mislaid ; therefore, a constant supply of 
such notices should be provided for, from time to time, to be kept by the clerk 
and health officer, or even by each member of the local board of health, for 
distribution to physicians and householders whenever called for. 
There should be no hesitation in enforcing this law when it is considered 
how important are the results in human progress which may be secured 
through a better knowledge of the diseases which endanger the public health, 
and how just is the demand which the law makes on householders and physi- 
cians that they give prompt warning of danger to their fellow beings. No 
humane person will refuse or neglect to warn a fellow-being of any danger, 
when by so doing the life of that fellow-being may be saved, and no other 
person’s life endangered. Whenever we see a person unconsciously in danger, 
such as standing near a precipice, common sentiments of humanity dictate 
that we even incur risk to life in order to warn and save that person. In giv- 
ing immediate notice of dangerous diseases, the householder or the physician 
does not risk life or limb, in many cases not even property, while the neglect 
to report may involve not only waste of property throughout the commu- 
nity by the losses which sickness always causes, but also may endanger the 
lives or future well-being of many neighbors and fellow-citizens. 
Because of the importance of general compliance with this humane law, it 
is hoped that you will give this subject your earnest attention. 
By direction of the State Board of Health, 
Very respectfully, 
HENRY B. BAKER, Secretary. 
[Please preserve the circulars received from this office.] 
* In order to make it certain that the expenses attending the work of the township board of health 
shall be duly provided for and promptly met, it is respectfully suggested that at the next town- 
ship meeting a sufficient amount of money be voted (as provided in Act No. 212, Laws of Michigan, 
1875), “for defraying all proper charges and expenses” by the board of health, to include expenses 
for distribution of public notices, for record books and blanks, compensation of the health 
officer, etc. DISEASES WHICH ENDANGER THE PUBLIC HEALTH. 
7 
[Form of Notice recommended by the State Board of Health for the nse of Householders and Physicians, in complying with sections 1734 and 1735, Com- 
piled Laws of Michigan, 1871, and section 1740, C. L., 1871, as amended by Act No. 145, Laws of 1879. See over.] 
To the Clerk or Health Officer of the* of. County of 
, State of Michigan, as Clerk or Health Officer of the Board of Health: 
Sir:—The following persons, within the jurisdiction of your Board, have been taken sick with “ diseases dangerous to the public 
health.” f 
Age t a vw ctctt PATE OF PEATH OR 
in Years TAKEN SICK. Whether RECOVERY. 
NAMES OF PERSONS. SEX. rLcm NAME OF PISEASE. Pied, Living, 
EAST ' ' 
Birthday Month. Pay. Year. or Recovered. Month. Day. Year. 
\ 
So far as known, the source of the contagious or infectious cause of the disease as follows: For case 
No. 1, it was 
The residence of the sick persons above reported is as follows: Of case No. 1, it is at No 
street, ; of case No. 2, it is 
This Notice is given by 
Dated at No street, , 188..., 
* Insert the word city, village, or township. 
t Includes Measles, Whooping-cough, Diphtheria, Scarlet Fever, Typhus Fever, Typhoid Fever, Puerperal Fever, Erysipelas, Small-pox, Cholera, etc. 8 
HOUSEHOLDERS’ AND PHYSICIANS’ NOTICES, ETC. 
Sections 17*34, and 1735, Compiled Laws of Idieliigan, 1873, are as follows:— 
(1734.) Sec. 43. Whenever any householder shall know that any person within his family is taken sick with the small-pox, or any other 
disease dangerous to the public health, he shall immediately give notice thereof to the Board of Health, or to the Health Officer of the 
township [city, or village*] in which he resides; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not 
exceeding one hundred dollars.! 
(1735.) Sec. 44. Whenever any physician shall know that any person whom he is called to visit is infected with the small-pox, or 
any other disease dangerous to the public health, such physician shall immediately give notice thereof to the Board of Health or Health 
Officer of the township [city, or village*] in which such diseased person may be; and every physician who shall refuse or neglect to 
give such notice, shall forfeit, for each offense, a sum not less than fifty nor more than one hundred dollars.! 
* See Section 1740, Compiled Laws, 1871, as amended by Act No. 145, Laws of 1S79. 
t Supervisors must prosecute for all such forfeitures; township officers must give notice to supervisor; prosecuting attoi-ney to conduct suit if requested; 
see sections 6852, 6853, and 6855, Compiled Laws of Michigan, 1871. Health officers of villages and cities must notify prosecuting attorney of all violations of 
this section,—see act No. 157, Laws of 1S79; the prosecuting attorney must prosecute for all such forfeitures incurred within his county,—see section 6855, 
Compiled Laws of 1S71. 
[Blank Notices similar to this leaf may he obtained of W. S. George & Co., Lansing, Mich., 
for one dollar per hundred.] 
Notice of sickness of. 
Sick with 
Reported by 
Filed