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November 20, 2008
November 13, 2008
1869 Smallpox case in Walla Walla
In my research I came across a case in the Frontier Justice archives wherein various citizens of Walla Walla petitioned the city government to establish a pest house for those afflicted by the small pox epidemic of the time (see post dated 10/30/2008).
Wikipedia defines a pest house as follows:
"In the past, a pest house or pesthouse was a hospital or hostel used for persons afflicted with communicable diseases such as tuberculosis, cholera, or smallpox. Often used for forcible quarantine, many towns and cities had one or more pesthouses accompanied by a cemetery or a waste pond nearby for disposal of the dead."
At issue was not necessarily whether or not a pest house would be established, but where it would be established.
For your edification I have transcribed the primary document from the case below. Please note that the original cases were handwritten, so there are some areas where spelling may be incorrect (particularly with names) and/or words may be missing due to degradation of the original document. Areas of ambiguity are identified by other possibilities within parentheses accompanied by a question mark, or are left blank in the following manner: _________.
Document: Probate file; Whitman Seminary, Dorse S. Baker, et al. vs. the City of Walla Walla; Civil Case #88
Territory of Washington
Walla Walla County
D S Baker
A. (or N.?) 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 [Plaintiffs] for cause of action against the Deft [Defendant] 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 [Attorneys]
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 Leey(?) Justice of the Peace
*Other documents in the case file bear the date of January 30th, 1869.
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Wikipedia defines a pest house as follows:
"In the past, a pest house or pesthouse was a hospital or hostel used for persons afflicted with communicable diseases such as tuberculosis, cholera, or smallpox. Often used for forcible quarantine, many towns and cities had one or more pesthouses accompanied by a cemetery or a waste pond nearby for disposal of the dead."
At issue was not necessarily whether or not a pest house would be established, but where it would be established.
For your edification I have transcribed the primary document from the case below. Please note that the original cases were handwritten, so there are some areas where spelling may be incorrect (particularly with names) and/or words may be missing due to degradation of the original document. Areas of ambiguity are identified by other possibilities within parentheses accompanied by a question mark, or are left blank in the following manner: _________.
Document: Probate file; Whitman Seminary, Dorse S. Baker, et al. vs. the City of Walla Walla; Civil Case #88
Territory of Washington
Walla Walla County
D S Baker
A. (or N.?) 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 [Plaintiffs] for cause of action against the Deft [Defendant] 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 [Attorneys]
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 Leey(?) Justice of the Peace
*Other documents in the case file bear the date of January 30th, 1869.
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November 4, 2008
Tech stuff
If you click on the title of this post, it will take you to blogspot's help page on how to create a post which displays a summary and a "read more" link. Unfortunately, it's rather complex.
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