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NEBRASKA BLUE BOOK, 1926

401

PUBLIC HEALTH AND THE PRACTICE OF MEDICINE

In a pioneer society, little attention is paid to the subject of public health. The portion of the Iowa criminal code adopted by the territorial legislature March 16, 1855, contained a brief chapter on offenses against public health, and another on nuisances and their abatement. Very light penalties for the sale of diseased, unwholesome or adulterated food, drink, or drugs, or of poisons without the prescribed labels, were fixed. A much more serious offense was thus described: "If any person inoculate himself or any other person, or suffer himself to be inoculated with the small-pox within this territory, or come within the territory with intent to cause the prevalence or spread of this disease, he shall be punished by imprisonment in the penitentiary not more than three years, or by fine not exceeding $1,000 and imprisonment in the county jail not exceeding one year." Not quite so serious was the maintenance of certain types of nuisances which menaced public health.

On March 2, 1855, an act to establish the Nebraska medical society was approved. This was the first crude effort at regulation of medical practice, for it provided that no physician would be allowed to practice medicine and surgery who was not a member of this society, and had its license to practice. The society was empowered to appoint an inspector of drugs 'and to bring sellers of adulterated drugs to justice.

The first act looking to protection from contagious diseases referred to live stock and was approved June 20, 1867. From that time until 1901, the only contagious diseases that excited the interest of the legislature were those of domestic animals.

The early special municipal incorporation acts almost uniformly conferred upon the city authorities power to make all necessary ordinances in relation to cleanliness and public health. The first general municipal incorporation act, approved February 15, 1864, made no specific mention of the subject of public health. The general municipal incorporation acts of February 8 and 15, 1869, provided definitely for the establishment of municipal boards of health with necessary powers. Cities of the second class were given specific power to "establish cemeteries or burial places contiguous to, but without the limits of the city, and to provide for the sanctity of the dead" and "to remove persons having infectious or pestilential disease outside of the city limits."

Subsequent municipal legislation has always recognized the necessity of local health departments.

A census and vital statistics law was passed by the legislature of 1869. County commissioners were required to cause the precinct assessors in the several counties to make an annual enumeration of population and also a complete return of all births and deaths for the preceding year. These facts were to be transmitted to the secretary

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of state, and he was required to tabulate the statistics and have them printed in pamphlet form. This law was repealed by the legislature of 1885.

A new criminal code enacted on February 27, 1873, contained a chapter on offenses against public health and safety. Its provisions related chiefly to the sale of deleterious food and drugs, the pollution of waters, and the cleanliness of distilleries.

'The second effort to regulate the practice of medicine is found in an act approved March 3, 1881. This act required persons who wished to practice medicine in the state to file statements of their qualifications with county clerks, who, upon presentation of the required evidence were to register the candidates' names. A person to be entitled to registration must have graduated from a legally chartered medical college having authority to grant the degree of doctor of medicine, or have attended a full course of lectures in such an institution and have practiced medicine continuously for three years, the last one of these years in Nebraska, or have been practicing medicine for a livelihood for ten years, the last two of them in this state. Persons convicted of practicing medicine without having complied with the provisions of this act were to be deemed guilty of amisdemeanor and fined not less than twenty nor more than one hundred dollars for each offense. Itinerant vendors of medicines who claimed to cure diseases were considered much more serious offenders.

An act approved March 24, 1887, made similar requirements for the practice of dentistry within the state.

The act creating the state board of health was approved March 27, 1891. The board was composed of the governor, attorney general, and state superintendent whose chief duty was to appoint four medical secretaries to perform the duties of the board. These duties consisted in granting certificates to candidates for permission to practice medicine. Certificates were granted only to persons possessing diplomas' from recognized medical colleges according to the rules prescribed by the board. At this same session a city of the metropolitan class was required to have a board of health of which the mayor should be chairman. The commissioner of health and city physician was given large powers.

The legislature of 1895 conferred upon cities of the second class and villages definite powers and duties concerning public health, and placed the regulation of the practice of dentistry under the control of the board of health.

The legislature of 1899 created a board of examiners for embalmers to be appointed by the state board of health; a board. of examiners for barbers, and a food commission. An appropriation of $1,500 to be used by the state board of health in suppressing diseases was also made.

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The legislature of 1901 authorized county boards to make and enforce regulations to prevent the introduction and spread of contagious diseases and to establish boards of health. This legislature also provided for the certification of osteopathic practitioners by the state board of health.

An act of February 20, 1903, authorized the appointment of county boards of health whose jurisdiction should include the unincorporated parts of the several counties. Another important act passed by the same legislature enlarged the powers and duties of the state board of health and created the office of health inspector whose duty is to assist local authorities in enforcing the health laws. Still another act, approved April 3, 1903, required the state board of health to examine all applicants for certification as physicians--this in addition to the earlier requirement of a diploma.

The Omaha charter act approved March 9, 1905, provided that a board of health should not be created except in case of a general epidemic. At this same session an act requiring applicants for license to practice osteopathy to pass examination given by the board of health, and another creating a board of dental secretaries to be appointed by the state board of health were approved. Another important act, approved February 16, 1905, provided for a system of vital statistics with the state board of health as state registrar, and various designated local authorities as local registrars. An act regulating maternity homes and boarding homes for infants was passed at this session, and the hospital for deformed,\ ruptured and crippled children now known as the orthopedic was established. A law providing for the examination, care and treatment of dipsomaniacs, inebriates and victims of the drug habit was also included in the work of this session.

The legislature of 1907 enacted a complete pure food law as a substitute for existing laws, and a law regulating the practice of optometry and creating a board of examiners in optometry.

The legislature of 1909 provided for the collection of marriage statistics by the state board of health, transferred from the board of health to the governor the power to appoint secretaries of this board, created a board of examiners in osteopathy to be appointed by the governor, and a board of examiners of nurses to be appointed by the state board of health.

The legislature of 1911 made it obligatory upon county and village boards, if no local board of health exists, to enforce the quarantine rules and regulations of the state board of health. A new act regulating maternity homes, requiring their licensing by the state board of health was also passed, and a state hospital for indigent tuberculosis patients established.

The legislature of 1913 authorized the state board of health to prohibit the use of common drinking cups, provided for the annual registration of dentists and established a bacteriological laboratory for the state board of health.

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The foregoing laws are supplemented by many statutes concerning sanitation and abatement of nuisances, protection of water supply, drainage, the establishment of hospitals and other institutions for the care of sick or insane people.

Since the organization of the state board of health in 1891 licenses to practice medicine have been granted to 6,351. In 1924-25 there were 240 licenses granted, and 111 up to November in 1926.

There were 151 physicians without diplomas who availed themselves of the privilege to register with the state board within six months after the law went into effect. Three certificates since that time have been issued without diplomas, two in 1893 and one in 1895.

The work of the state board of health was transferred to the department of public welfare by the civil administrative code in 1919.

In 1919 the legislature provided for health inspection of children. in the schools of the state.

In 1920 Nebraska was added to the birth registration area of the United States.

In 1923 the legislature accepted the provisions of the Sheppard-Towner maternity and infancy act.

NEBRASKA BLUE BOOK, 1926

405

POLITICAL PLATFORMS

DEMOCRATIC PLATFORM ADOPTED AT THE STATE CONVENTION
IN GRAND ISLAND, SEPTEMBER 2, 1926

The democrats of Nebraska, in convention assembled, present to the electors of the state their views regarding national and state governmental problems, with promise and with pledges that the democratic nominees for the several national and state official positions, if elected, will earnestly endeavor to apply in public place the principles here uttered.

We renew allegiance to the code of governmental principles promulgated by the democratic fathers. Particularly in this day of neglect of the interests of agriculture by the Hamiltonian administration now in power in Washington, we pridefully direct attention to the fact that it was a democrat, and the greatest constructive statesman of any age, who proclaimed that the American farm is the best stone in the foundation upon which rests the house of our republic. That great democrat--Thomas Jeffersonfurther declared that a house with an impaired foundation could not be safe, and he urged the congress in his day to enact legislation to guard and protect the farm in every possible direction.

The present prostrate condition of agriculture is due to the fact that the Coolidge administration has repudiated the principles of Thomas Jefferson, and has adopted the policy of placing agriculture in a position secondary to all other interests, insofar as the fostering care of government is concerned. Under this Hamiltonian style of government, which in effect says that it is the duty of the government to take care of the rich, and let the rich take care of the poor, there never can be any square deal for agriculture. The one and only hope for the prosperity of the American farm lies in the direction of a return to that style of administration of American affairs which, as proclaimed by Jefferson, should work the welfare of the largest number of the American people, with equality for all and special privilege to none.

Close examination of the records of the three Nebraska democrats who now represent us at Washington discloses that each has been magnificent in loyalty to the Jeffersonian principles, and has made earnest endeavor to apply those principles in legislation affecting the interests of agriculture. We not only applaud the work of those three democratic representatives of Nebraska interests at Washington, but also thank them for their faithful labors in behalf of the people of this prairie commonwealth.

Regarding the infamous Esch-Cummins railroad law, and the Coolidge interpretation of that law as laying an unfair burden upon

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the masses of the American people, and particularly the people of the great middlewest, against whom present railroad freight rates are so, cruelly discriminating, we demand the instant repeal of that iniquitous law, and pledge our present democratic members of the congress, together with the additional democratic congressmen to be elected in Nebraska in November, to vote for such repeal.

We deny the claim of the New England tariff barons that Almighty God has given to them a divine right to levy tribute from the people in this agricultural zone through the agency of the Fordney-McCumber tariff law, and we favor the readjustment of present tariff schedules in manner to place the people residing in the farming states on better terms of equality with the people in the industrial east, and we give pledge that every Nebraska democratic representative elected ,in November. will favor such readjustment of the tariff schedules as will accomplish that good end.

The problem of inland waterways is so entwined with the problem of a square deal for agriculture that the two must be made one. The greatest natural waterway under the American flag is the Missouri river. Seventy years ago that river carried on its bosom all the commerce between New Orleans in the far south and Fort Benton in the far northwest. That stream must be made a burden-bearer for the people of the great middlewest, whose surplus farm products should be carried in barges down that river to the southern sea, and from thence distributed to the ports of the world. To that end we favor the plan inaugurated by the congressional representatives of all the Missouri and Mississippi river valley states for control and distribution of the excess waters, applying them to the soil where needed in the dry zones, later to be returned to those rivers, and there used in furthering a transportation system which experience on the Warrior and Mississippi rivers under government control has proved that surplus farm products may be carried to the sea at a transportation cost far below the present rail rates, thus increasing the value of Nebraska grain from seven to eleven cents per bushel at our primary markets and also providing a land policy that will rehabilitate and strengthen western reclamation.

We condemn the crime of excessive expenditure of money in the late administration primaries in Pennsylvania and Illinois, and pledge our congressional delegation to support legislation denying admission to the American congress to any candidate whose election may have been procured by debauchery of the electorate of any state or district. We call particular attention to the fact that the debauchery of the late Illinois primary was largely accomplished by agents of that same aggregation of public utilities which is rapidly gaining control of such utilities in Nebraska. That aggregation now maintains a strong political organization at. our own state capital, and plans to adopt

Nebraska the same debauching tactics disclosed so recently in Illinois, We indorse and approve the administration of Governor Bryan in reducing state taxes 33 per cent, and in the reduction of the price of gasoline and coal to protect the People of Nebraska from impositions

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of the monopolies in the neccessaries of life. Under the Bryan administration hundreds of unnecessary employes were removed from the state's payroll to protect the taxpayers, and all duplications and overlappings in educational and administrative efforts of the state's activities as far as the unrepealed code law would permit.

We condemn the waste and extravagance and the loading up of the state's payroll with hundreds of unnecessary employes by the present republican administration and the increase above 25 per cent in state taxes, which is an imposition on the taxpayers and unfair to the producers of Nebraska, who were already overburdened by the discriminating legislation and administrative policies of the republican national administration.

We again renew our plans for the repeal of the infamous code form of government which has made a duplication of state officers and an army of political taxeaters.

We are not in favor of the state unnecessarily engaging in business in competition with legitimate business, but the state should have the right, and should exercise it when necessary to stop monopolies in the necessaries of life from making unwilling opponents out of its citizens.

We approve of Governor Bryan's many valuable services in furtherance of the principles of municipal ownership of public utilities. A law should be enacted to give all towns and cities in the state the same right that, Lincoln and Omaha now enjoy, to establish, when necessary to protect their citizens, a municipal oil station and coal yard, and the state should co-operate with these municipalities in securing the necessary supplies to protect their people from impositions by monopolies in restraint of trade.

We condemn the republican party for enacting the intangible tax law of Nebraska, which has enabled those best able to pay to shift their taxes on to the farm and home-owners who were already overburdened with taxes, and we demand its immediate repeal.

The democratic party is in favor of building good roads and pledges its efforts to continue the good-road program of graveling roads which was inaugurated under Governor Bryan's administration and which was made possible by forced reduction of one-third in the price of gravel, and by the adoption of a rule and the enactment of a law which required all bids by contractors on county and state roads, to be received and opened in the presence of the bidders, which resulted in the saving of about twenty-seven per cent in the cost of roadbuilding in Nebraska, and stopped collusion and "tea-kettling" of bids. We approve, and commend to the good-road advocates of Nebraska, the accomplishments of the Bryan administration, which established the policy of graveling roads in Nebraska, and graveled 470 miles of road and graded 372 miles of road, as shown by the official records of the public works department of the state.

We are opposed to any increase in the gasoline tax. We are opposed to increasing the present automobile license fee, and favor a more equitable division of the license money and gasoline tax between the

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state and different counties, so that the by-roads throughout the state may be better improved and maintained to enable the farmers to reach their nearest home market.

We commend the Bryan administration for uncovering the large deficit in the state under the McKelvie administration, which the supreme court confirmed, and which the recent legislature paid to the amount of upwards of six hundred thousand dollars, upon which the state is still paying interest. We condemn the reckless and unbusinesslike extravagance of the present republican administration, which resulted in -an increase in the state's appropriation of ten million dollars in excess of the cost of operating the state under the Bryan administration. We also condemn the present republican administration for its illegal use of a million and a half dollars of the gasoline tax money which was levied exclusively for good roads, and for its failure to inelude in its recent tax levy the money it borrowed from other funds and used for current expenses, and made no provision in its recent tax levy to repay same, which has already created a deficit which it will require a deficiency appropriation by the next legislature to repay, unless the state board of equalization re-assemble and increase their tax levy sufficient to pay the excessive expense of the present administration.

Agriculture and live stock being the basic industries of Nebraska, and on the success of which rests the success of all the business and prosperity of the people, legislation that will protect and promote their welfare and encourage their development must be the first consideration of the state. Co-operative marketing should be encouraged by the state government and all needed assistance given to enable agriculture to reduce its marketing expense and bring the producer and consumer together for the mutual benefit of both.

We favor strengthening the state's anti-trust laws to protect the people from trusts and monopolies and favor the development by the public under the district system of the unused water power in the state.

The bank guaranty law, which has carried Nebraska through the depression, and under which no depositor has lost a dollar through a bank failure, is seriously menaced by the present administration. We are opposed to any modification of the bank guaranty law that would in any way weaken it or lessen the protection by the state of the depositor's interest. The democratic party pledges the depositors of Nebraska to uphold and maintain the bank guaranty law for their protection.

.The Nebraska direct primary law, which has prevented the special interests and political bosses from forcing their candidates on the tickets for the voters to choose from, and which now permits the people to select their own candidates, must be upheld and preserved.

Upholding the constitution, and respect for the laws of the state and nation, are the highest duties of every citizen. The democratic party believes in law enforcement, and if entrusted with power will

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make every effort to enforce the laws of the state and nation impartially, as it did during Governor Bryan's administration.

Child labor in industry dwarfs the child physically and mentally and should not be permitted in any enlightened and civilized country.

Woman has been enfranchised, and should be recognized on an equality with men in employment, compensation and jury service. The health and welfare of the children of the state and care of mothers are of first importance, and should be given every consideration that law and administration can offer.

An eight-hour day and a living wage at American standards with a margin for old age is a right that labor is entitled to, and should be supported by all good citizens. We recognize the right of collective bargaining by labor's representatives in negotiations between capital and labor.

The attitude of the people toward the state railway commission continues. to be unfriendly. Created by the people to protect their interests, the belief has become widespread that the commission is rendering a greater service to the public service corporations than to the people, or being of doubtful service to the people it has become of certain service to these corporations. This discontent manifested itself two years ago by the near defeat of one of its members at the election and this year by the defeat of another at the primary. From its inception, the members of the commission, with but few exceptions, have been republicans and for the past ten years all republicans. Relief can not be hoped for in the election of another republican to the commission. The situation demands the application of that sound dramatic principle, "Equal rights to all and special privileges to none," and for its proper application the democratic party recommends its candidate.

We strongly indorse our candidates for the various state offices. Exceptionally able men have been nominated by our party. The administrative affairs of the state will be well served if democrats are elected to all state offices.

The people of Nebraska are entitled to efficiency and economy in government. No one has a right to take a dollar away from the taxpayers unless that dollar is needed for the welfare and progress of the state. Extravagance and waste of the people's money and reckless disregard of the taxpayer's ability to pay have no place in the business affairs of the state. Honesty and fair dealing with the people is as little as should be expected from public officials. The democratic party pledges the people of Nebraska a reduction of the cost of the state government and the reduction of taxes at least 25 per cent, and the abolition of every duplication and overlapping of the state's activities and the removal from office of every unnecessary employe now imposed upon the people at largely increased salaries by the present republican administration. These issues are so vital to the welfare of the people of Nebraska that they should not permit the injection of unimportant and immaterial issues until efficiency, economy and prosperity are restored to the people of our great state.

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Upon the foregoing statements of principle, we plead for the election of the men designated by the democrats of Nebraska to carry these principles into application in state affairs.

Electors of the state are urged to form personal acquaintance with our state nominees. Each one has a record which will bear closest scrutiny.

Lastly, let none imagine that it will be possible for Governor Bryan, strong as he is, to carry this statement of principles to success single handed. He ought to have a legislature in sympathy with these views and we earnestly urge the election of such a legislative body.

REPUBLICAN PLATFORM ADOPTED AT THE STATE CONVENTION
IN LINCOLN, SEPTEMBER 2, 1926

The republican party of Nebraska in convention at Lincoln on this second day of September, 1926, adopts the following resolutions:

We renew and reaffirm our support of the republican national ad-. ministration. We commend President Coolidge for his unchanging policy of economy, reducing the public debt in excess of five billion of dollars, eliminating the number of federal employes by many thousands, and note with satisfaction that a continuation of such policies will result in a rapid and complete liquidation of the public debt. We commend his ceaseless efforts to preserve and increase the prosperity of the American nation; for his sound and consistent foreign policy, and for his enforcement of the national laws.

We again approve the proposed amendment to the federal constitution by Senator Norris changing the time of the beginning of the terms of the president and of the congress.

We approve and will support all reasonable means for the development of a well rounded transportation system by making commercially available the inland water ways of the Missouri-Mississippi river systems; by the development of American sea ports and American shipping; by the opening of the great lakes-St. Lawrence river way. We commend Senators Howell and Norris and our republican congressmen for their active support of these measures. We are committed to the establishment of such railroad rates as will preserve and protect the productions and industries of the middle west.

We favor such measures as will secure uniformity of regulations of marriage and divorce; all efforts to increase literacy; all efforts to better the conditions of employed women and children. We approve the rigid suppression of traffic in narcotics.

We stand for strict law observance and law enforcement.

Labor of all kinds should receive an adequate wage for service rendered. We pledge our support to lower the cost of living, and to promote industrial peace and progress.

We are proud of Governor McMullen and the record he has made. We congratulate the state of Nebraska on the diligence, the efficiency,

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the economy, he has exhibited. At the beginning of his administration many of the state institutions were in a condition of neglect and lack of-repair whereby the health, comfort and opportunity for improvement of the unfortunate wards of the state were materially lessened. He found in the state treasury a large deficit due to the neglect of his predecessor to meet the obligations of the state. By Governor McMullen's practice of true economy the wards of the state have been adequately cared for; the finances of the state have been brought into orderly control; the credit of the state has been maintained above just criticism; and yet, taxes have been substantially reduced. This is a record of which republicans are proud and deserve the endorsement of all taxpayers.

We especially commend the administration of Governor McMullen for its restoration to efficiency the workmen's compensation department of the state government.

Under the present republican administration the work of eliminating tuberculosis in cattle has made great progress and the herds of the state will soon be free from this disease. The public health has thereby been safeguarded. The purity of the food products has been increased, and the state has been protected from the importation of diseased animals from other states.

The republican party two years ago advocated a tax on gasoline for road construction and the republican legislature of 1925 enacted the present law for such purpose. A reduction of two dollars and upward on motor vehicle license fees was made by the last republican legislature and counties now receive for their own road program seventy (70) per cent of all license money collected and the taxpayer has been relieved from all taxes upon his property for the construction or maintenance of federal and state highways. The resulting improvement in the public highways is without parallel. The cost of all construction and maintenance of all state aid roads has been substantially reduced.

It will not be forgotten that these results have been attained by the republican administration without the sale of any bonds; without the payment of any interest; and without the levy of any tax whatsoever save that levied upon gasoline, and we recommend no change.

We urge the enactment by the next legislature of effective amendments to the anti-trust laws governing the purchase or sale of the various products and commodities making plain and unequivocal the meaning intent and purpose of such laws thereby protecting the public against combinations and destructive discrimination.

We favor the adoption of needed legislation to secure for Nebraska the benefits of the Federal Forestation Law.

In education we commend such ideals as will dignify and promote the science of agriculture. We believe the wonderful agricultural resources of the state should be fully developed by the same intelligent and educated zeal as. is applied in any other profession. The great resources and advantages of the State of Nebraska should be given nation-wide publicity.

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We commend Governor McMullen and our senators and representatives in congress for their courageous stand and untiring efforts to secure for agriculture economic equality with other industries in our national life. The farmer is entitled to production cost and a reasonable profit the same as other industries and should be accorded legislative advantages equal to those that have been accorded all other wealth producing industries. We urge the enactment by congress of such laws. In the solution of the farm problem, we favor the policy adopted by the farmers' conference at Des Moines and their committee of twenty-two, as that policy insures the full benefit of the protective tariff to the American farmer. We hereby commend our senators and representatives in congress for the loyal support they have heretofore given to such legislation, and pledge their continued support.

We have observed with pleasure the large number of young men who have, within the last few years, enlisted in the ranks of the republican party. Many of them are veterans of the world war who have found in their activities in our party an expression of their idealism.

The republican party has much in common with these young men. We believe with them that in time of war the nation should draft for its defense not only its citizens, but also every resource which may contribute to success. We invite their aid in the constructive work which lies before the progressive men of our state and nation, believing that they will find free scope and the greatest opportunity for their efforts within the republican party.

The republican candidates for congress and state offices are eminently qualified to carry out progressive republican principles and to them we commit our hearty support.

We reaffirm our faith in and our allegiance to the principles of the republican party, and we point to it as the only party from which the public can expect true, economical, efficient, progressive and sound government.