was regarded, the board of health was well within the limits of its powers when it required the victim of it to be isolated. The disease was incurable, and the isolation would necessarily continue throughout the remainder of the patient's life.

In the case at bar the State board of health, or a board of health in the city of Chicago duly organized pursuant to the authority given the city council by the legislature, undoubtedly has the right to establish reasonable quarantine regulations with respect to relatrix so long as she is discharging the germs of a contagious and infectious disease. Whether the authority exists to compel a person apparently well to submit to an examination to determine whether he is a germ carrier is not before us, for the reason that relatrix submitted to the examination which revealed that she is such a carrier. The only question presented for determination is whether she is legally and properly detained under quarantine in her home. In order to determine this question we mist determine whether an authority authorized by the legislature of this State to determine when a person is afflicted with a contagious or infectious disease and to quarantine against the spread of such disease has acted in establishing the quarantine over the home and person of relatrix. The legislature has granted to cities the power to appoint a board of health and to prescribe its duties and powers. A board of health must necessarily consist of more than one person, and it generally consists of several persons. Many authorities contend that the administration of public health should be vested in an individual and that that individual should be a person trained in the science of public health. This contention is based on the ground that this form of administra tion of the health laws is productive of efficiency and economy. The same argument might be made in favor of an absolute monarchy, but the experience of the world has been that other forms of government, perhaps more cumbersome and less efficient, insure to the people a more reasonable and less arbitrary administration of the laws. Whatever may be best, the Legislature of Illinois has said that the public health of cities shall be regulated and guarded by a board of health, and until the legislature grants to cities the power to supervise the sanitary and health conditions of the city by another instrumentality the cities must content themselves with the power has been given to them. The city council had no authority to delegate to a health officer the powers and duties which the legislature said it might delegate to a board of health. The powers given to boards of health are extraordinary, and the legislature was evidently unwilling to leave to one person the determination of such important and drastic measures as are given to such boards. In the judgment and fidelity of a greater number acting together is the greatest security against the abuse of extraor dinary power. In Taylor v. Adair County (119 Ky. 374, 84 S. W. 299) it was held that a county board of health did not have power to delegate its duties to a health officer. In Commonwealth v. Yost (197 Pa. 171, 46 Atl. 845) it was held that a board of health had no authority to delegate to its secretary power to act in a matter requiring the action of the board. In Young". County of Blackhawk (66 Iowa 460, 23 N. W. 923) it was held that a board of health could not delegate its powers to a committee appointed by the board.

that

The health commissioner of Chicago is purely a ministerial officer, and has no legislative powers whatever. The statute gives to no such individual authority to make rules and regulations which shall have the effect of law. The city has no right to give him authority to determine when a contagious and infectious disease exists and to establish a quarantine. His authority is limited to carrying into execution proper orders of a legally constituted board of health. (People v. Board of Education, supra.)

The department of health of Chicago reported the case of relatrix to the State depart ment of health, and requested that department to authorize a modified quarantine. This authority was granted. While the original quarantine was established without authority of a legally constituted board of health, the State department of health has, by authorizing the modified quarantine, in effect established such quarantine on the report of the department of health of the city of Chicago, and respondents are therefore

restraining relatrix as agents of the State department. She is bound to respect the rules and regulations promulgated by the State department of health respecting the modified quarantine under which she is placed, and for a violation of these rules she is subject to the penalties provided by the statutes. In order that she may know what the rules and regulations are, it is necessary that she be furnished a copy of them. Relatrix is therefore remanded to the custody of respondents as agents of the State department of health.

Relatrix remanded.

Duncan, J., dissenting.

DEATH RATES IN A GROUP OF INSURED PERSONS.

DEATH RATES FOR PRINCIPAL CAUSES, FEBRUARY AND MARCH, 1922, AND COMPARISON OF RATES BY COLOR FOR FIRST QUARTERS OF 1920, 1921, AND 1922.

The accompanying tables are taken from the Statistical Bulletin of the Metropolitan Life Insurance Co., for April, 1922. They present the mortality data of the industrial department of the company for February and March, 1922, and compare, by color, the death rates among the policy holders for the first quarters of 1920, 1921, and 1922. The figures for 1922 are based on a strength of approximately 14,000,000 insured persons.

The gross death rate for this group was 14.9 per cent higher for March than for February, 1922 (February, 10.1; March, 11.6 per 1,000). Influenza was an important factor in this increase, the death rate from this disease increasing from 46.1 per 100,000 in February to 70.6 in March. Increased mortality was also noted from pneumonia, tuberculosis, and practically all important causes of death, including organic diseases.

Death rates (annual basis) for principal causes per 100,000 lives exposed, for February and March, 1922, and March and year, 1921.

Death rates (annual basis) for principal causes per 100,000 persons exposed, compared by color for the first quarters, January to March, of 1920, 1921, and 1922.

DEATHS DURING WEEK ENDED MAY 13, 1922.

Summary of information received by telegraph from industrial insurance companies for week ended May 13, 1922, and corresponding week, 1921. (From the Weekly Health Index, May 16, 1922, issued by the Bureau of the Census, Department of Commerce.)

Deaths from all causes in certain large cities of the United States during the week ended May 13, 1922, infant mortality, annual death rate, and comparison with corresponding week of 1921. (From the Weekly Health Index, May 16, 1922, issued by the Bureau of the Census, Department of Commerce.)

Annual rate per 1,000 population.

Deaths under 1 year per 1,000 births--an annual rate based on deaths under 1 year for the week and estimated births for 1921. Citie left blank are not in the registration area for births.

• Enumerated population Jan. 1, 1920.

PREVALENCE OF DISEASE.

No health department, State or local, can effectively prevent or control disease without knowledge of when, where, and under what conditions cases are occurring.

UNITED STATES.

CURRENT STATE SUMMARIES.

Telegraphic Reports for Week Ended May 20, 1922.

These reports are preliminary, and the figures are subject to change when later returns are received by the State health officers.