Number of specimens from suspected cases of diphtheria, 368. Of this number 134 were positive.

Samples of water tested for the bacillus coli communis, 78. Of this number 40 were positive.

Specimens of blood tested for the Widal reaction, 75, of which 25 were positive.

Number of specimens from cases of suspected gonorrhoea, 32. Of this number 15 were positive.

The brain of eight dogs and one cat were examined for the Negri bodies. Three were positive.

Two specimens of suspected cerebrospinal meningitis were positive. One case of glanders and one of trichina.

This year's work will show an increase of 400 or more specimens examined over the number examined during the preceding year. The number examined during the fiscal year of 1907-'08 was 1212.

Upon motion, the report was adopted.

The special committee appointed on the embalmer's examining board regulations then made their report, and upon motion the report was adopted as amended by the committee. These regulations, together with a form of paster as specifically required under the law to be adopted by the State Board of Health, were then formally approved and adopted.

The annual election then took place, with the following result:

President, Dr. C. H. Lerrigo.

Vice president, Dr. Clay E. Coburn.

Engineer for the State Board of Health under the new water and sewage law, Prof W. C. Hoad.

Bacteriologist, Dr. S. A. Greenfield.

Assistant chief food and drug inspector, W. J. V. Deacon. The members of the advisory board were all unanimously elected. The following accounts were then audited:

QUARTERLY REPORT.

SEPTEMBER 28, 1909. GENTLEMEN-Since the passage of the new laws by the last legislature, the department has been so burdened with additional duties and accumulated work and responsibilities as to necessitate the hiring of more help and the enlargement of our quarters for doing the work. After repeated and insistent demands, the Executive Council has established this department on the north side of the east wing, and we now feel that we have room enough to turn around without going out into the hall to do it. We have not, however, sufficient help in the office to expeditiously and promptly take care of the constantly growing demands of the office. We should at least have one more stenographer and an additional clerk, which I trust the legislature will grant us at their next session.

Members of the State Board of Health:

On July 15, the attorney-general gave the department the following opinion relating to the now famous drinking cup order of the State Board of Health, made at its quarterly meeting in March, and which is as follows:

AUTHORITY OF BOARD OF HEALTH, DRINKING CUPS ON TRAINS.

"JULY 15, 1909.

"Dr. S. J. Crumbine, Secretary State Board of Health, State House:

"DEAR SIR-Several weeks ago a letter from your department concerning the question of the right of the Board of Health to make certain regulations with regard to common drinking cups on railway trains was received, but for some unaccountable reason was mislaid in some of the mail and has not received the attention it deserves.

"On a very careful examination of the matter, I find that the legislature, in the enactment of chapter 379 of the Laws of 1907, conferred full power upon the Board of Health as to all the matters mentioned in your letter. In that chapter, as you state in your letter, the legislature gives the Board power to 'obstruct and prevent not only the introduction of infectious diseases into the state, but also to obstruct and prevent the spread of infectious or contagious diseases into or within the state, to inspect and disinfect traveller's baggage, places and things, suspected of transmitting dangerous infectious diseases to or within the state.'

"Now a common drinking cup is one of the things subject to inspection, and if the Board in the exercise of an honest discretion finds that it is such a thing as is liable to transmit a dangerous infectious disease, it may be abolished, or in the language of the law, 'obstructed and prevented.'

"As this is the latest expression of the legislature on this subject, it is clear that it is intended that all trains and train service should be placed within the supervision of the Board of Health, regardless of any regulations placed in the hands of the Board of Railroad Commissioners by former laws.

"The above makes it almost unnecessary to answer your second question, as to the right of the Board to require disinfection of passenger cars at stated intervals, and other reasonable regulations to insure cleanliness and to prevent dangerous or infectious diseases being communicated in passenger coaches in this state. That you have such power does not admit of serious doubt, and I deem it the duty of the Board to make these provisions effective to protect the health of travellers and other people of the state by the exercise of sound discretion. "Your correspondence is herewith returned. "Very truly yours,

FRED S. JACKSON, Attorney-general."

Immediately after receiving this opinion, the regulation was published in the official state paper under date of July 20, 1909, whereupon the following letter was transmitted to all the railroads doing business in Kansas, together with the Pullman Company.

"JULY 24, 1909.

"Mr. A. L. Mohler, Gen. Mgr., Union Pacific R. R., Omaha, Neb.:

"DEAR SIR-At the regular quarterly meeting of the State Board of Health, held March 31, 1909, a resolution was unanimously adopted, abolishing the so-called common drinking cup, a copy of which regulation is herewith enclosed.

"Pending a decision of the attorney-general as to whether or not such action of the State Board of Health was legal, the resolution was not published in the official state paper until July 20. The resolution having been made and published in accordance with chapter 379 of the Session Laws of 1907, it is therefore in full force and effect. I desire to have your company's hearty coöperation in the enforcement of this regulation upon the date fixed, namely, September 1, 1909.

"I desire, also, to call your attention to chapter 122 of the Session Laws of 1909, a copy of which is herewith enclosed. I desire to especially call your attention to sections 2, 3 and 5, and in accordance with section 3 this department herewith requests that a cuspidor be provided for each seat in each smoking car and smoking compartment of a car operating in this state. The department holds that a handful or two of moist sawdust used to sweep a car while in transit or the mere moistening of a broom before sweeping such car will not comply with the provisions of section 2. A sufficient quantity of moistened material of some sort that is approved by your company should be used in order that a cloud of dust may not be raised about the heads of the passengers, if the cars are swept in transit. Very truly yours,

S. J. CRUMBINE, M. D., Secretary."

A communication was also addressed to the secretary of each state board of health in the United States, advising them of the action of the Board, and which is as follows:

"To the Secretaries of the State Boards of Health:

"July 26, 1909.

"DEAR DOCTOR-I am enclosing you herewith a copy of a resolution adopted by the Kansas State Board of Health at the quarterly meeting held in March.

"Pending a decision as to the legality of such regulation as contemplated by the resolution, the promulgation of the same was delayed. A decision was recently given, to the effect that the Board has the power and authority to make such a regulation, and it was its duty so to do, if the public drinking cup was found to be a medium for the dissemination of infectious diseases.

"The resolution has been regularly published in the official state paper and copies of the same sent by registered mail to every railroad company operating in the state, and the state superintendent of public instruction, and the heads of the state and private educational institutions.

"We sincerely hope that other state boards may coöperate in this matter to the end that the common drinking cup may be abolished throughout the United States.

"Cordially yours, S. J. CRUMBINE, M. D., Secretary."

The following letters from the various state boards of health are indicative of the sentiment which seems to prevail throughout the country concerning the abolishment of the common drinking cup nuisance.

"JACKSONVILLE, FLA., July 31, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "MY DEAR DOCTOR-I am in receipt of your circular letter of the 26th instant, inclosing a copy of a resolution adopted by your Board in regard

to the common drinking cup and which is said by the legal authority of your state to be practicable and lawful under the statutes of the state.

"The state board of health of Florida will very shortly revise its rules and regulations under the permission of an enactment passed by the last legislature, in April of this year, giving authority to formulate a sanitary code for the correction of certain supposed sanitary defects, and it is proposed to incorporate this feature in the new rules.

"I am obliged to you for your kindly remembrance of this office. "Yours very truly, JOSEPH Y. PORTER, State Health Officer." "BALTIMORE, MD., August 3, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "DEAR DOCTOR-I have at hand your letter of July 26th, inclosing copy of the regulations passed by the Kansas State Board of Health in reference to the use of common drinking cups in railway trains, schools and institutions. In accordance with your request these resolutions will be referred to the board at the next meeting.

"Yours very truly, MARSHALL LANGTON PRICE, Secretary."

"OAKLAND, NEB., July 29, 1909.

"Dr. S. J. Crumbine, Secretary, Topeka, Kan.:

"DEAR DOCTOR-Your letter of the 26th, inclosing the order of the Kansas state board for the abolishing of the common drinking cup. I thank you for a copy of this order by your board and shall present same at the next meeting of the Nebraska State Board of Health. We have taken the matter up, in fact did so immediately upon receipt of your first letter in regard to the matter. Nearly all of the roads operating in and through Nebraska express their willingness to adopt the suggestion. Our main difficulty at present is to get the board proper to officially pass on the question. I think that we will succeed in the end, even if we have to put up a big fight.

"I noted in a newspaper article the other day, that the great Pennsylvania railroad system had discarded the common drinking cup on their trains and are also furnishing the individual paraffin drinking cups to their passengers without extra charge. This, without orders or instructions from any commission or board of health whatever.

"Yours respectfully,

E. J. C. SWARD, Secretary."

LANSING, MICH., July 30, 1909. "S. J. Crumbine, M. D., Secretary State Board of Health, Topeka, Kan.: "MY DEAR DOCTOR-Yours of the 26th inst., inclosing copy of resolution adopted by your State Board of Health, received, and I wish to commend the action of the Kansas State Board of Health in taking this advanced step looking to the protection of the public in the common drinking cup. I believe it is a step in the right direction, and I believe the courts will sustain your action, provided it should be contested. "I shall bring this matter before our state board at its next regular meeting and shall urge a similar action by our board.

"Trusting you may be successful in enforcing the same throughout your state, I am, Very truly yours,

F. W. SHUMWAY, Secretary.”

"ST. PAUL, MINN., July 31, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "MY DEAR DOCTOR-Yours of July 26th received with resolutions relating to the common drinking cup. I think you are on the right track. Sentiment should be directed against such a drinking cup wherever it is found, not simply the drinking cup on the cars. I will be pleased to learn of any further action of your board or of the courts in this matter in your state for I want to bring the subject before our own board at its next meeting, early in October. Very truly,

H. M. BRACKEN, Executive Officer."

"MADISON, Wis., July 30, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "DEAR DOCTOR-Your communication of the 26th inst., with copy of resolutions received, and we thank you for the same. We are pleased to learn that a decision by the proper authority has been rendered giving the board of health of your state power to issue such an order. We will look forward with interest for the results of such a resolution or ruling of your board and feel that in Wisconsin we will be able to take up some similar proposition in the very near future.

"We are endeavoring to establish a plan by which the railroads doing business in this state will establish a method by which individuals who may desire to obtain at a small fraction of cost, individual drinking cups, may do so.

"We believe the educational factor of a plan of this kind would assist us in working to the complete abolishment of the common drinking cup. "With best wishes for your success, and we shall be pleased to hear from time to time concerning the workings of this order.

"Very truly yours,

C. A. HARPER, Secretary."

If

PROVIDENCE, R. I., August 16, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "DEAR DOCTOR-Allow me to congratulate you upon your ruling in regard to the use of the common drinking cup in railway trains. we can induce the railroads here to simply put in the penny slot machines I imagine it would be about as far as we can get at the present time. It should be an interstate regulation and thereby save many states the difficulty of obtaining proper laws and also avoiding the excuse that the laws of Kansas do not go beyond its borders.

"Yours truly,

GARDNER T. SWARTS, Secretary."

"HELENA, MONT., July 31, 1909. "Dr. S. J. Crumbine, Secretary State Board of Health, Topeka, Kan.: "DEAR DOCTOR-I am in receipt of your favor of the 26th inst., inclosing copy of resolution in regard to drinking cups. I certainly indorse this resolution, but would suggest that if it be within the power of the board that the order further provide that corporations, school boards, etc., shall supply individual cups for use of passengers, pupils, etc. These cups, as you know, can be supplied at a very small cost by using the paraffin cups. Yours very truly,

T. D. TUTTLE, Secretary.”

A communication was also addressed to the state superintendent of public instruction and the state educational institutions and all private schools of which we could find an address. The following circular letter issued by Superintendent Fairchild to county and city superintendents and boards of education throughout the state indicates that this information was quite generally disseminated.

"TOPEKA, August 6, 1909. "To County Superintendents, City Superintendents and Boards of Education:

"GENTLEMEN-The following resolution adopted by the State Board of Health is presented to you for your information:

"WHEREAS, It has been repeatedly demonstrated that the use of what is usually known as the common drinking cup is dangerous, and is an undoubted source of communication of infectious diseases, now, therefore, in the interest of the public health,

"Be it ruled by the Kansas State Board of Health, That the use of the common drinking cup on railroad trains, in railroad stations, in the public and private schools and the state educational institutions of the