City of Seattle v. Cottin

• Decision Date: 09 August 1927
• Docket Number: 20479.
• Parties: CITY OF SEATTLE v. COTTIN.
• Court: Washington Supreme Court

258 P. 520

144 Wash. 572

CITY OF SEATTLE v. COTTIN.

No. 20479.

Supreme Court of Washington

August 9, 1927

Department 2.

Appeal from Superior Court, King County; Paul, Judge.

A. F Cottin was convicted for the violation of a city ordinance and he appeals. Affirmed.

Tolman J., dissenting.

Farrell Meier & Meagher and Charles D. Donnelly, all of Seattle, for appellant.

Thomas J. L. Kennedy and Hugh R. Fullerton, both of Seattle, for respondent.

HOLCOMB J.

Appellant was convicted and fined $25 in the lower court, after an appeal from a judgment against him in the police court of Seattle where he was fined $100, for an alleged violation of section 14 of Ordinance No. 15957 of Seattle. The complaint against him reads:

'James F. McGee, being first duly sworn, says that on the 10th day of July, 1925, at the city of Seattle, in said King county, Wash., the said defendant did commit a misdemeanor, did violate section 14 of Ordinance 15957, as follows, to wit: Then and there being the said defendant did willfully and unlawfully refuse to remain in quarantine as ordered so to do by the chief quarantine officer of the city of Seattle, Wash.; all of which is contrary to Ordinance No. 15957, §§ 14 and 53, of the city of Seattle, entitled:

"An ordinance providing for the preservation and protection of the public health in the city of Seattle, and providing penalties for the violation thereof,' approved May 10, 1907, and against the public health, welfare, and good order of the city of Seattle.'

The facts are not in dispute. Appellant admits that he refused to remain in quarantine as ordered by the chief quarantine officer of Seattle, but contends that in so doing he was not committing any unlawful act under the provisions of the ordinance.

The sections of the ordinance affecting the matter (except section 53, the penalty section) are as follows:

'Section 6, as amended by Ordinance No. 37928, approved November 21, 1917: Pest House; Quarantine.--Whenever it shall come to the knowledge of the commissioner of health of the city of Seattle that any adult therein has chickenpox, or any person therein has smallpox, varioloid, syphilis, gonorrhoea, or any other contagious or infectious disease of a similar or different kind from that herein specified, or any disease, or sickness dangerous to the public health, said commissioner is hereby authorized and empowered, and it shall be his duty to forthwith, whenever in his judgment it is safe, expedient, and practicable, cause such infected person to be removed to and kept in a hospital, sanitarium, a separate house, or such place as may be designated by the commissioner of health, or as may be by law or ordinance provided therefor, and cause said person to be properly treated and cared for, and to make such other rules and regulations as may be necessary or advisable for the protection of the public health, and in case, in the judgment of said commissioner of health, it is unsafe, inexpedient, or impracticable to remove such person to such hospital, sanitarium, separate house, or such place as has been designated by the commissioner of health, or as may be by law or ordinance provided therefor, it shall be his duty to forthwith establish and enforce such quarantine or other regulations as are necessary for the protection of the public from such disease.'

'Sec. 8. Visiting Persons Sick with Contagious Disease.--It shall be unlawful for any person to visit a person sick with typhus fever, ship or yellow fever, Asiatic cholera, smallpox, diphtheria, or membraneous croup, measles, scarlet fever, or scarlatina, or bubonic plague, or an adult sick with chickenpox, and afterwards appear upon the streets, alleys, or other public places in the city of Seattle, or go into any house, building, or other place in said city where they would be likely to aid in spreading said disease, until they shall procure from the health officer of the city of Seattle a certificate that they are free from danger of communicating the disease to which they have been exposed; Provided however, that this section shall not apply to physicians, quarantine inspectors, or the health officer when in the exercise of their duties as such physician or officers.'

'Sec. 14. Refusal to Obey or Interference with Health Officers.--It shall be unlawful for any person to violate or refuse to obey any lawful order or regulation of the board of health, the health officer, or any quarantine officer made within the power conferred by the charter or ordinances of the city of Seattle upon the officer making such order, or to in any manner obstruct or interfere with the board of health, health officer, or any appointee of the board of health in the performance of duties imposed by the charter or ordinances of the city of Seattle.'

The facts admitted are that on or about July 10, 1925, appellant a drugless healer, having a certificate to practice his pursuit, issued...