[Venereal Disease, Prostitution and War] [From the U.S. Government Publishing Office, www.gpo.gov] VENEREAL DISEASE PROSTITU T I 0 N AND WAR A sound legislative program for the control of venereal disease and the repression of prostitution founded upon experience , Assembled by the Committee on Courte and Wartime Social Protection of the American Bar Association to aid States and communities in the development of a sound legislative program Washington, D. C. February, 1943 A ÆJL DEQU ATE LAWS are necessary before departments of locax governments can act with assurance and confidence« Since local governments are charged with the enforcement of a venereal disease control program and a program for the repression of prostitution, the Board of Governors of the American Bar Association calls upon the attorneys of America to aid in this vital war project.......The Board of Governors adopted the following resolution at its meeting in Chicago, Illinois, on January 16, 1943: o RESOLVED, that the Board of Governors of the American Bar Association approve the project of the Committee on Courts and Wartime Social Protection for interesting State and Local Bar Associations in procuring Legislative action and Enforcement programs respecting control of Venereal Diseases and Suppression of Prostitution. o "This report of the American Bar Associations Committee on Courts and Wartime Social Protection will be of real assistance, I believe, in the support of the venereal disease control and prostitution repressive programs." Thomas Parran Surgeon General United States Public Health Service AMERICAN BAR ASSOCIATION Committee on Courts and Wartime Social Protection Section of Criminal Law John M. Goldsmith, Chairman Tyler Building, Radford, Virginia Frank T. Cullitan, Vice-Chairman Cleveland, Ohio Edward A. Tamm, Adviser, Washington, D. C. Walter L. Green, Hyattsville, Maryland Peter Home, New York, New York Bascom Johnson, New York, New York Timothy N. Pfeiffer, New York, New York M. Rosengard, Chicago, Illinois Charles P. Taft, Washington, D. C. George C. Taylor, Knoxville, Tennessee John H. Wigmore, Chicago, Illinois - ii - TABLE OF CONTENTS o Page SECTION A I Manpower and Venereal Disease..........................1 II Society Pays................................. 1 III Venereal Disease and War.........................2 IV Conditions are Local........................... 3 V Federal Assistance........................... 5 VI A Warning to the States and Communities.............• 5 SECTION B Index to State Laws.................................... 8 State Statutes...................................... 11 SECTION C I Interstate Travel of Persons Infected.................67 II The American Social Hygiene Association, Inc... 68 SECTION D Conclusion..................................... 69 SECTION E Bibliography. ....................................... 70 - iii - SECTION F Page Appendix I - "Eight-Point Agreement".......................71 Appendix II - Venereal Disease Control Act.................73 Appendix III - The May Act. ............................ 75 Appendix IV - Statement of the House of Delegates of the American Medical Association.•. 76 Appendix V - Syphilis Prevalence per 1,000 Males Aged 21-35............................................77 - iv - VENEREAL DISEASE PROSTITUTION AND WAR* SECTION A I MANPOWER AND VENEREAL DISEASE We find that while democracy is engaged in the greatest struggle in all history, venereal disease, the scourge of her armed forces and industrial manpower, is continuing to exact its heavy toll. During the first World War, nearly 7 million man days were lost to the United States Army because of venereal disease. It is also definitely known that the number of new cases of venereal disease in the World War I Army were greater by 100,000 than the number of wounds incurred in battle. Of the first two million men examined, for military service in World War II, over 100,000 were found to be infected with syphilis. For this reason these men were rejected and returned to their respective localities. These men are an "aid and comfort to the enemy," as were those in World War I—because it took no powder or shot to stop them. Their rejection is doubly unfortunate because there is no assurance that each will not remain a carrier of the disease. In 1940, more than five times as many cases of syphilis were reported to Health Departments than were new cases of tuberculosis. More than twenty-five thousand men, women and children are blind because of its ravages. More than 40,000 persons with late syphilis, of whom about 8,000 were admitted during 1940, are in institutions for the mentally diseased. There is no accurate count of the number of cases of gonorrhea in the population, but it is known that in the armed forces, where an accurate count is available, two to five new cases of gonorrhea occur for every new case of syphilis. II SOCIETY PAYS The cost and drain of venereal disease upon the economic resources of the Nation is equally appalling. The syphilitic insane and blind, alone, cost the taxpayers t41,000,000 annually for care and treatment. * A study of the Committee on Courts and Wartime Social Protection of the American Bar Association, Criminal Law Section. Exclusive of administrative expense, the Veterans’ Administration had spent by June 30, 1940, $82,043,500 to care for disabilities caused by venereal disease incurred in the last war. With only two of the many devastating results costing so much, there are certainly grounds to believe that the annual cost of -these diseases is more than the entire sum expended for the construction of highways in the continental United States annually. It is, indeed, a most peculiar and strange indictment of a society that would be willing to spend more money to exterminate tuberculosis in cattle than it would to control the murderous brothers—syphilis and gonorrhea. Ill VENEREAL DISEASE AND WAR War, particularly a total war, when every ounce of manpower and every available resource is vital to survival, high-lights a Nation* s weakness as well as calling forth its strength. It is known that venereal disease is the largest single cause and several times the next largest cause of disability in the armed forces and one of the largest causes of disability among industrial workers. In order to increase the strength of the Nation these insidious diseases, gonorrhea and syphilis, which now amount to sabotage, must be wiped out. "Experience teaches that prostitution is the swamp which offers a most likely breeding ground for the germ of the disease," and that the tolerated red-light district or house of ill-fame with the professional prostitute in the local community forms the cesspool from which her infection spreads. "War is revolutionary per se; it completely revolutionizes the economic and social life of a country; it brings about a most radical dislocation of the family and the community; it transforms and transplants the individual and his rights and responsibilities; it compels new or changed appraisal of existing rights and duties; it demands the setting up and creating of new and different values. "War commands that public welfare temporarily cease to be governed wholly within state lines; and insists that it become national in its scope; it demands cooperation of each, and every, and all of the citizens of the country in the prosecution of the war. By the same token, government—national, state, and municipal—must recognize and carry out this precept and act as the coordinating agency of the total of individual efforts of its citizenry. - 2 - "If the government has the constitutional power, as it does, to ask its citizen temporarily to give up his basic liberty to »live and work where he will,» and may even compel him by force, if need be, against his will and without regard to his personal wishes, or even his religious or political convictions, to take his place in the ranks of the army of this country, and risk the chance of being shot down in its defense; and compel him against his will to take his place in a factory and work in the production of munitions and war materials; then the citizen has, every right to say to government that government owes him the reciprocal duty of protection against unusual exposure to disease and the like, which are not rightly part of ordinary hazards of war. On the other hand, government has the right to insist that all and each of its citizens; and each citizen has the right to demand of every other citizen, that he keep himself as free as is possible from exposure to disease; to the end that each and every citizen will be available, and not disabled (even temporarily) and be ready to assume and efficiently carry out his part of the war program. "Government has the power and, therefore, the duty to take those steps which will insure that the largest number of its citizens will at all times be available, to the end that maximum effort will make possible ultimate victory in the war. "The National Government has the right and duty to insist that officials of state and local governments do their full share in the carrying out of the objective; so that citizens everywhere will be physically fit and equally able to offer maximum efficiency. "Manpower" plus "resources" will win the war; neither can do the job without the other. "Any disease which disables "Manpower" must be suppressed quickly and ruthlessly. Venereal disease, having historically proven itself to be the greatest of disabling agents, cannot be permitted to continue playing havoc. Suppression, prevention, cure and rehabilitation, must be the "watchwords." a/ IV CONDITIONS ARE LOCAL Although of urgent National significance, conditions to be dealt with are local. "The fact that conditions are local and must, in large measure, be dealt with locally, must be constantly emphasized. • - a/ Chicago Bar Association, War Activities Committee, "A Brief on the Prostitution-Venereal Disease Control Program", (December, 1942, Chicago, Illinois) Mimeograph, 88 pages. 513154 0 - 43 -2 - 3 - "Here are some of the reasons: (a) The individual cause of syphilis or gonorrhea is local. (b) The activities of the individual prostitute or house of prostitution are local. (c) Men and women of the community, the soldier, sailor, and industrial workers must be protected under local conditions. e "The Federal Government can assist with plans, advice and money but nothing really effective happens unless it happens locally. The State Health and Welfare Departments, like the Federal Government, can help, but each town must have, in good operating order, facilities for dealing with this problem if permanent results are to be secured. The Health and Welfare Services of every community—public, private and voluntary—are involved in solving the local problem, with the active leadership of the Mayor, City Council, the Health and Welfare Directors, the Police force, and the citizens." b/ Further emphasis was placed upon the local nature of this problem by the now famous eight-point agreement entered into in the fall of 1939, by the War and Navy Departments, and The Federal Security Agency and later approved by the State and Territorial Health Officers on measures for the control of venereal diseases in areas where armed forces are concentrated. (Appendix I) This agreement recognizes that there must be: an "early diagnosis and treatment of the civilian population by the local health department; the probable source of venereal disease infection of military and naval personnel will be reported to the State or local health authorities; recalcitrant infected persons with communicable syphilis or gonorrhea to be forcibly isolated during the period of communicability. In civilian populations, it is the duty of the local health authorities to obtain the assistance of the local police authorities in enforcing such isolation; the local police department is responsible for the repression of commercialized and clandestine prostitution. The Local Health Department the State Health Department, the Public Health Service, the Army and Navy will cooperate with the local police authorities in repressing prostitution." Thus, it is seen that those directly responsible for the prosecution of the war and the well-being of the armed personnel and war workers realize that the problem is essentially one to be solved locally. This must not be forgotten. b/ "Safeguards Plus Salvage", Journal of Social Hygiene, (January, 1942, Vol. 28, No. 1) pp. 4O-4S. - 4 - V FEDERAL ASSISTANCE The Congress of the United States« in adopting« on May 24« 1938« "The Venereal Disease Control Act" c/ (Appendix II) recognized that the control of venereal disease is a local problem: "Section 4-a, for the purpose of assisting States« Counties« Health Districts« and other political subdivisions of the states in establishing and maintaining adequate measures for the prevention, treatment, and control of the venereal diseases; for the purpose of making studies, investigations, and demonstrations to develop more effective measures of prevention, treatment, and control of the venereal diseases, including the training of personnel« • • there is authorized to be appropriated for the fiscal year ending June 30, 1939« not exceeding the sum of $3«000,000; for the fiscal year ending June 30« 1940, not exceeding the sum of $5,000,000, for the fiscal year ending June 30, 1941« not exceeding the sum of $7,000«000, for the fiscal years thereafter such sum as may be deemed necessary to carry out the purposes of Section 4~a to 4-e, inclusive« of this Act« "With the approval of the Secretary of the Treasury and after consultation with a conference of State and Territorial health officers, the Surgeon General of the Public Health Service is authorized to prescribe the rules and regulations necessary to carry out the purposes« • • of this Act«* Congress, in recognizing the need of a venereal disease control program, also recognized that a State or locality to secure the funds, must first comply with the standards set up by the Surgeon General of the Public Health Service« An important part of the minimum procedural standards have already been set in the above-mentioned eight-point agreement, and it would, therefore, be incumbent upon each State to comply with these minimum requirements« VI A WARNING TO THE STATES AND COMMUNITIES "I would point out that nothing will lead to undue centralization of power so quickly as decadence on the part of local governments. • • When the local agency set up by the people fails • • • the people will turn • inevitably to the agency of the Federal Government." DEMOCRACY IN GOVERNMENT, by John J. Parker, U. S. Circuit Judge, Fourth Circuit« c7 Public Law 540, 75th Congress, Chapter 267, 3rd Session. - 5 - The Congress in granting aid to the States and localities by enacting the Venereal Disease Control Act at the same time issued a warning that venereal diseases were rampant and must be wiped out. Furthermore, the May Act, by the mere fact of its adoption, is per se an admission that the states and localities are not equipped to solve this problem. From the evidence presented at the Committee Hearings on this legislation, it is found that there is neither uniformity of laws nor enforcement in the several States, and even within the States themselves, there is no uniformity of enforcement, as respects the political subdivisions thereof. To avoid an efficient law enforcement program in Cincinnati, the prostitute and her "pimp" used to cross the river into Newport, Kentucky. In Norfolk, Virginia, a vigorous campaign for the suppression of prostitution is virtually nullified by infected prostitutes operating in neighboring counties. Georgia does not prohibit pandering or procuring of a female for the purpose of prostitution; while in Florida, Georgia, Iowa, Kansas, New Mexico, North Carolina, Ohio, Oklahoma, Rhode Island and Tennessee, a person may, without legal prohibition, live off the earnings of a prostitute. In not one of the forty-eight states is the keeping of a house of prostitution, lewdness, or assignation declared to be a criminal nuisance and enjoined under the criminal code, but the much slower, and often more cumbersome, civil Abatement and Injunction Law must be resorted to. In Nevada, Oklahoma and Vermont there is no such law, but in Arizona and Nevada the "housekeeper" must beware of the zoning ordinance and not open up on a principal city street or near a church or school. It should be noted, however, that the carriers of syphilis and gonorrhea do not zone as easily. Neither the prostitute nor her customer need fear statutory criminal punishment in Arizona, Arkansas, Nevada, Tennessee and' West Virginia. At a special session of the Virginia Legislature, September, 1942, the "frequenter" of a house of ill-fame was eliminated from a proposed bill, overlooking the established fact that the "frequenter" is frequently a carrier, whereas in this same State the illegal purchaser of whiskey is as guilty as the seller. Fifteen states grant marriage licenses without regard to venereal disease infection; in four states the groom only must be examined; twenty-six states require such examination of both parties and only three pro-hibit marriage of persons with venereal disease. Twenty-two states do not require prenatal examinations for syphilis. Fortunately, twenty-six states have wisely protected the family, essential in peacetime and wartime, against the tragic savagery of this disease. - 6 - Is there any wonder that Chairman May, of the Committee on Military Affairs, in explaining his bill d/ warned: "that Congress having taken the leadership in aiding the states in a splendid Nationwide program to stamp out syphilis and gonorrhea, would not now stand by and watch the prostitutes destroy all the gain we have made." e/ It is again urgently submitted that the job of venereal disease control is a State and local undertaking. State or local havens for the prostitute, the pimp, the racketeer, the entrepreneur and the carriers of these devastating diseases are inconsistent with a sound society whether existing as a result of inadequate laws, tolerance, inefficient law enforcement, or any other case. If, "the local agency fails------the people will turn inevitably to the agency of the Federal government." Where else have they to turn? A health department in order to control venereal diseases, a police force to arrest in safety, and a prosecutor to convict, must first have adequate laws in order that each may proceed with assurance. The few illustrations given in this comment are for the purpose of emphasizing the need for a sound legislative program founded upon experience instead of all "eyes" on Washington and a national police force, it is hoped that State and local agencies of government will heed the warnings already given in setting up a sound, comprehensive Venereal Disease Control Program. With a desire to be helpful the laws, hereafter discussed, have been drawn mostly from existing State Statutes, some in toto and others in part from several separate statutes to make a whole. It is also to be noted that any legislation adopted should serve in peacetime as well as wartime. d/ Public Law 163, Chapter 287, 77th Congress, 1st Session (H.R. 2475) e/ "Hearings before the Committee on Military Affairs," House of Representatives, 77th Congress, 1st Session, onH. R. 2475, P- 3 (March 11, 12 and 18, 1941) - 7 - SECTION B INDEX OF STATE LAWS o Page 1. Public Health Act - How to be Construed..........• ••• 11 2. Legislation Empowering the State Board of Health to Make Rules and Regulations: Delegation of authority.• • • •.................... 12 3« Venereal Disease: Definition...................... 13 4« Jurisdiction of Board of Health: ..••..••••...........14 a. Jurisdiction Relationship of private physician b. Discontinuance of treatment c. Penalty $. Reports by Physicians, Nurses, Clergymen, Institutions and others. Procedure:.................... 15 a. Physician or other person attending, superintendent of penal institution, hospital, etc. b. Physician and others visiting or attending in hotels c. Superintendent of Schools 6. Instructions by Physicians for Patients............ 17 7. Examination: Suspected Persons, Vagrants, Investigations......................................... 18 a. Suspected persons b. Vagrants et als deemed to be 8. Examination for Venereal Disease of Persons Admitted to Certain Institutions - Treatment.••••••.. 20 9« Quarantine............................................21 10. Work by Quarantine Patients...........••••......••••• 23 11. Protection to Schools................................. 24 12. Certificates of Cure............................. 25 - 8 - Page 13• Spreading Venereal Disease»........................• • 26 14* Records of Infected Persons.......................... 27 15. Advertising of Venereal Disease Remedies Prohibited........................................... 28 16. Sale of Certain Appliances, Drugs or Medicinal Preparations. ....................................... 29 17» Sale of Remedies without Prescription Prohibited.... 30 18. Record by Druggists of Sales of Drugs for Venereal Diseases.................••••••......... .•••• 31 19« Premarital Examination Laws:................. ••••• 32 New Jersey West Virginia 20. Prenatal Examination for Syphilis................. 35 Missouri 21. Compulsory Prostitution of Women................... 37 1. Importation and exportation of women for 2. Placing female in charge of another for or induce, entice, procure - attempt 3. Induce, entice or procure for purposes of 4« Receiving money on account of placing in house or elsewhere - person to whom not married $. Paying money for placing 6. Receiving money as procurer 7. Holding in for purpose of paying debt 8. Accepting earnings - Evidence 9. Uncorroborated testimony of female 22. Keeping Disorderly Houses......................•••• 40 23* Male Person Living on Proceeds of Prostitution...... 42 24» Residing in or Frequenting House of Ill-fame or any Place Used for Lewdness or Prostitution.............43 25* Aiding Prostitution or Illicit Sexual Intercourse... 44 26. Using or Allowing use of Automobiles or other Vehicles to Aid or Promote Prostitution or Illicit Sexual Intercourse......................... 45 27. Transportation of Female for Purpose of Prostitution.............................•••••••..... • 46 - 9 - Page 28« Abduction........................................ 47 29» Adultery and Fornication - Incest - How Punished.... 48 30. Lewd and Lascivious Cohabitation - How Punished —Penalty for Second Offense.••••....................... 49 31. Treatment and Confinement of Prostitute.............50 32. Free Treatment by Local Board................... 53 33• Nuisance Statutes:............ ................... 54 a. Criminal, Penalty, Bond. b. Evidence and reputation. c. Equitable Injunction and Abatement. d. Contempt - Punishment. e. Abatement, Sale of furniture, closing of building. f. Disposition of proceeds of sale. g. Delivery of property to owner. 34 » No Person to be Excused from Testifying for State because Testimony may Incriminate Himself........... 59 35. Previous Convictions may be Alleged and Proved...... 60 36. "Prostitution" Defined...............................61 37. Engaging in Prostitution. ...........................62 38. Punishment for Violation:.......................... 63 a. Punishment where not otherwise specified. b. Bond: Confinement when not given. c. Cancellation of State or Ibcal license. d. Appearance of Prosecuting Attorney. 39« Constitutionality............................... 65 40. Repeal of Inconsistent Acts....................... 66 - 10 - 1. PUBLIC HEALTH ACT - HOW TO BE CONSTRUED This Act shall be known as the public health act and its provisions are to be liberally construed, with a view to effect its purpose of preventing by uniform measures, the spread of contagious, infectious and communicable diseases and to preserve and promote the health of the people of the state. Its provisions are not intended to repeal or supersede any statutes of the state now in force, which are promotive of the general health and not in conflict with or repugnant to its provisions, but they shall be deemed supplemental to such statutes; and where the provisions of this act are not in conflict with and repugnant to such statutes, they shall be construed consistently therewith, and as continuations thereof. California, Act 6238, Paragraph 1, Public Health Law 513154 0- 43 -3 - 11 - 2. LEGISLATION EMPOWERING THE STATE BOARD OF HEALTH TO MAKE RULES AND REGULATIONS. See A.S.H.A. Digest In some of the legislation empowering the State Board of Health "to make, adopt, promulgate and enforce reasonable rules and regulations” language is used which prohibits the Health Department from interfering with a segregated or isolated person "from choosing his own method of treatment, or in anywise limiting any diseased person in his right to choose or select whatever method or mode of treatment he may believe to be the most efficacious in the cure of his ailment." Certainly, it would seem that such a clause should be modified by adding: Provided the method or mode of treatment is one recognized and accepted by the State Board of Health or the United States Public Health Service as consistent with sound medical practice. The Courts generally have sustained the limited delegation of authority to State Boards of Health in adopting the rules and regulations necessaxy to carry out the intent of legislative enactment. However, a statute or series of correlated statutes embracing a legislative program should be as all inclusive as possible in order to avoid the question of too great a delegation of legislative authority. Virginia Code, Section 1487 See, 30 Delaware Laws, Chapter 53, Revised Code, 1935, 778 Section 35, Page 190, for broad general powers delegated to the Public Health authority. - 12 - 3. VENEREAL DISEASE - DEFINITION Syphilis, gonorrhea, chancroid, (granuloma inguinale, and lymphogranuloma venereum,)* hereinafter designated venereal diseases are hereby declared to be contagious, infectious, communicable and dangerous to the public health. Virginia Code, 1554b New Jersey 26: 4-28 Delaware Code, 1935, 778, Section 35, Page 190 * The venereal diseases listed in parenthesis have been added by the Committee to complete the definition. In referring to the various State Statutes which follow, at least the five venereal diseases designated should be included. In drafting any Statutes based upon existing laws in other States, the Committee believes that these venereal diseases should be specified and the other venereal diseases should be considered. - 13 - 4. JURISDICTION OF BOARD OF HEALTH a* All cases of venereal disease shall come under the jurisdiction of the State Board of Health and each case and probable source of infection shall be investigated by an officer or agent of the Board, the procedure adopted should be such as will extend every proper courtesy to the physician making a report under this chapter, duly respect the confidential nature of the information, leaving the private physician in charge of the care and treatment of the infected person, so long as that person continues to take the prescribed treatment under rules and regulations which will adequately protect the public health« b. Whenever any person suffering from syphilis, gonorrhea or chancroid shall fail to return to the physician treating such person, in reasonable time prior to securing a certificate of release from treatment from the Board of Health, such person shall be reported by name and address to the State Board of Health as delinquent in treatment« c« PUNISHMENT: Any person violating any provisions of this Act shall be guilty of a misdemeanor and punished as provided in Section____• New Jersey 26: 4-35 See: Statement of House of Delegates of the American Medical Association, Appendix IV. - 14 - 5- REPORTS BI PHYSICIANS, NURSES, CLERGYMEN, INSTITUTIONS AND OTHERS — PROCEDURE: a» Any physician or other person who makes a diagnosis in, attends, examines or treats a case of syphilis, gonorrhea or chancroid, and eveiy superintendent or manager of a hospital, dispensary, or charitable or penal institution in which -there is a case of venereal disease, shall report such case immediately in writing to the State Board of Health, or to a local Board of Health designated by the State Board of Health, stating the name and'address, or the office number, age, sex, color, conjugal condition and occupation of the diseased person, the date of onset of the disease, and probable source of the infection« b« All physicians, nurses, clergymen, attendants, owners, proprietors, managers, employees, and persons living with, or visiting any sick person, in any hotel, lodging house, house, building, office, structure, or other place where any person is ill of any infectious, contagious, or communicable disease, shall promptly report that fact to the health officer, together with the name of the person, if known, the place where he is confined, and the nature of the disease, if known. c. When no physician is in attendance it shall be the duty of the superintendent or other person in charge of any school, institution, hotel, boarding house, camp or vessel who shall have actual knowledge that any person in such school, institution, hotel, boarding house or camp, or on such vessel, as the case may be, is presently affected with any communicable disease, to report immediately the name and address of such affected - 15 - person to the local health officer; except that in those cities, towns, and counties which do not have local health departments, such report shall be made to the secretary of the local board of health or to the State Board of Health. < California Act 6238, Section 16, Health and Safety Code Virginia Code, Section 1515 New Jersey, 26s 4-39 - 16 - 6. INSTRUCTIONS BY PHYSICIANS FOR PATIENTS It shall be the duty of every physician and of every person who examines or treats a person having syphilis, gonorrhea or chancroid, to instruct him in measures for preventing the spread of such diseases, and to inform him of the necessity for treatment until cured and to hand him a copy of the circular of information and a copy of this act, both of which are obtainable for this purpose from the State Board of Health. Virginia Code, Section 1554d New Jersey 26: 4-34 Delaware, Rule VI, State Board of Health - 17 - 7. EXAMINATION: SUSPECTED PERSONS, VAGRANTS, INVESTIGATION (a) All State, city, county and other health officers shall use every available means to ascertain the existence of, and to investigate all cases of syphilis, gonorrhea, or chancroid, within their several territorial jurisdictions, and to ascertain the sources of such infections. Whenever the board of health or health officer of a health district shall have reasonable ground to believe that any person within the jurisdiction of such board or health officer is suffering from, or infected with, any infectious venereal disease and is likely to infect or to be the source of infection of any other person, such board of health or health officer shall cause a medical examination to be made of such person, for the purpose of ascertaining whether or not such person is in fact suffering from, or infected with, such disease, and every such person shall submit to such examination and permit such specimens of blood or bodily discharges to be taken for laboratory examinations as may be necessary to establish the presence or absence of such disease or infection, and such person may be detained until the results of such examinations are known, provided, that the required examination shall be made by the health officer, or, at the option of the person to be examined, by a licensed physician who, in the opinion of the health officer, is qualified for this work and is approved by him, and such licensed physician making such examination shall report thereon to the board of health, health department or health officer, but shall not issue a certificate of freedom from -4 • venereal disease to or for the person examined. Such suspected person - 18 - may apply to a magistrate for an order restraining such examination and no examination shall then be made except upon order of such magistrate. Before such examination each suspected person shall be informed of this right and be given an opportunity to avail himself or herself thereof. (b) Owing to the prevalence of such diseases amongst vagrants, prostitutes, keepers, inmates, employees, and frequenters of houses of ill-fame, prostitution, and assignation, persons "not of good fame,” persons guilty of fornication, adultery, lewd and lascivious conduct, and illicit cohabitation are to be considered and are hereby declared to be reasonably suspected of having syphilis, gonorrhea, or chancroid, and no person convicted of any of said charges shall be released until examined for such venereal diseases by the proper health officer, his deputy or assistants, or agents. Virginia Code, Section 1554© New York Public Health Law, Article 17-B, 343-M New Jersey 26: 4-30, 33 - Suspected Persons 513154 0 - 43 -4 - 19 - 8. EXAMINATION FOR VENEREAL DISEASE OF PERSONS ADMITTED TO CERTAIN INSTITUTIONS - TREATMENT: All persons upon admission as inmates to the State penitentiary. State penitentiary farm, or to any branch prison, or to any of the reformatories of the ^tate, or to any of the hospitals for the insane or colonies for the epileptic and feebleminded, shall be examined as to the existence or non-existence of any venereal disease, the presence of syphilis to be detected as nearly as possible by the Wassermann test; and any such person found to have a venereal disease shall be properly treated, and, if it be possible, cured. Virginia Code, Section 1543a - 20 - 9. QUARANTINE: Upon receipt of a report of a case of venereal disease in a person conducting himself or herself in such a manner as to be a menace to the public health, it shall be the duty of the health officer to institute measures for the protection of other persons from infection by such diseased person. (a) Local health officers are authorized and directed to quarantine persons who have, or are reasonably suspected of having, syphilis, gonorrhea, or chancroid whenever, in the opinion of said local health officer, or the State board of health, or the State health commissioner quarantine is necessary for the protection of the public health. In establishing quarantine the health officer shall, anywhere within the State, designate, and define the limits of, the areas in which the person known to have, or reasonably suspected of having, syphilis, gonorrhea, or chancroid, and his immediate attendant, are to be quarantined and no persons, other than the attending physician, shall enter, or remain in, or leave the area of quarantine without the permission or direction of the local health officer. No one but the local health officer, or his authorized deputy, shall terminate said quarantine, and this shall not be done until the suspected person has been found not to be infected and the diseased person has become free from the disease, as determined by the local health officer, • *or his authorized deputy, through clinical examinations and all necessary - 21 - laboratory tests, or until permission has been given him so to do by the State board of health or the State health commissioner* (b) The local health officer, or his duly authorized agent, may ft parole persons pending final cure, but he shall inform all persons who are about to be so released from quarantine for venereal disease, in case they are not cured, what further treatment should be taken to complete their cure* Virginia Code, Section 1554f New Jersey 26: 4-36, 37 Also see California and New York Regulations - 22 - 10. WORK BI QUARANTINE PATIENTS All persons in quarantine, for the maintenance and treatment of whom full remuneration ,is not regularly paid, may be required to perform such work as is proper under the circumstances. Virginia Code, Section 1554k - 23 - 11. PROTECTION TO SCHOOLS No instructor, teacher, pupil, or child affected with any contagious, infectious, or communicable disease which is or might be the subject of quarantine, or has been declared reportable, or who resides in any house, building, structure, tent, or other place where such disease exists or has recently existed, shall be permitted, by any superintendent, principal or teacher of any college, seminary, public or private school, to attend such college, seminary, or school, except by the written permission of the local health officer. California Act 6238, Sub-section 17 - 24 - 12. CERTIFICATES OF CURE Physicians, health officers and all other persons are prohibited from issuing certificates of freedom from venereal diseases, except in I giving such ordinary certificates of freedom from infectious diseases as may be necessary in reports of general examinations, and in certifying for the issuance of marriage licenses. And the certificate mentioned in other Sections of this Act, shall be retained by the Healih officer, with a copy of same going to the infected person* s physician or institution wherein said person has been receiving treatment or to the Court which ordered an examination of said person. Virginia Code, Section 1554i Washington Rule 61, State Board of Health - 25 - 13. SPREADING VENEREAL DISEASE It shall be a violation of this Act for any infected person to knowingly expose another person to infection with any of the said venereal diseases, or for any person to knowingly perform an act which exposes another person to infection with venereal disease, for which such offending person shall be guilty of a misdemeanor, and fined not to exceed one hundred dollars and confined in jail a term not to exceed six months. Virginia Code, Section 1554h - 26 - 14. RECORDS OF INFECTED PERSONS All information and reports concerning persons infected with venereal diseases shall be filed by health officers to idiom furnished until finally disposed of by burning, but they shall be kept inaccessible to the public except in so far as publicity may attend the performance of the duties imposed by the laws of the State. - Virginia Code, Section 1554J 513154 0 - 43 -5 - 27 - 15. a. ADVERTISING OF VENEREAL DISEASE REMEDIES PROHIBITED From and after the passage of this act it shall be unlawful for any person, firm, corporation or association, except boards of health or agencies approved by the state board of health, to post or otherwise exhibit or distribute in any manner whatsoever in any place, any advertising or other printed matter concerning venereal diseases, lost manhood, lost vitality, impotency, seminal emissions, self-abuse, varicocele, or excessive sexual indulgence, and calling attention to any medicine, device, compound, treatment or preparation that may be used therefor. b. PENALTY Any person violating the provisions of this Act shall upon conviction therefor be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than one year or by both such fine and imprisonment. California Act 90, Sections 1 and 2, General Laws, 1 Deering (1931) Page 24> See Also: Sections 26, 27, 1 Deering (1941) Page 925 Virginia (Michie) Code, 1942, Section 1554m New York Penal, 1142a, page 1892 West Virginia Code, Section 1319 16. SALE OF CERTAIN APPLIANCES, DRUGS OR MEDICINAL PREPARATIONS No appliances, drugs or medicinal preparations intended or having special utility for the prevention of venereal diseases and/or used in gynecological hygiene or treatments, shall be displayed, sold or otherwise disposed of in this State, except in places duly registered by the state board of pharmacy. Any person or persons, firm or corporation or member of a firm or officer, director or employee of a corporation, who violates any of the provisions of this section is guilty of a misdemeanor. New York Penal Law, 1747a - 29 - 17. SALE OF REMEDIES WITHOUT PRESCRIPTION PROHIBITED No druggist or other person, not a licensed physician under the laws of the state, shall prescribe, recommend, or sell to any person any drugs, medicines or other substances to be used for the cure or alleviation of syphilis, gonorrhea or chancroid, no matter whether said drugs, medicines or substances are patented or proprietary, or otherwise, or compound or mix any drugs, medicines or other compounds for any of said purposes aforesaid, except upon a written formula or order written for the person for whom the drugs or medicines are compounded and signed by a physician licensed to practice under the laws of the State. All drugs, medicines or substances that are commonly known to the medical profession as being commonly used for such purposes as aforesaid for the cure or alleviation of said diseases, whether the name is on the bottles or labels or not, shall be construed as coming within the prohibition above; and all drug stores shall be at all times open to the inspection of any local health officer, or to any party designated by the director of the bureau of venereal diseases of the State, to see whether the provisions of this section are being carried out by said druggists or stores. A sale by a clerk shall also be considered as a sale by the owner or proprietor, and both may be prosecuted hereunder for a misdemeanor. West Virginia (Michie) Code, Section 1318 - 30 - 18. RECORD BY DRUGGISTS OF SALES OF DRUGS FOR VENEREAL DISEASES Any druggist or other person who sells any drugs, compound, specific or preparation of any kind used for, or believed by the druggist or person to be intended to be used for, the treatment of any of said I venereal diseases, shall secure and keep a record of the name and address of the person making such purchases, except when such drug, compound, specific or preparation is used in filling a written prescription by a physician licensed to practice medicine under the laws of this State. A copy of said record shall be mailed, or otherwise delivered, each week to the State board of health. Such records shall be kept inaccessible to the public. Virginia Code 1942, Section 1554g New York Penal Law 1747a, Thompson 1939, Part 1, Page 1926 - 31 - 19. PREMARITAL EXAMINATION LAWS State laws requiring premarital examination are of three general types. If a party is infected. New Jersey prohibits marriage; Wyoming requires a certificate of freedom "from syphilis, gonorrhea and chancroid" from a physician; California, West Virginia, Indiana, and several other States permit the Courts to waive the requirements; Virginia permits the marriage of infected persons but requires the parties to continue treatment under the supervision of the State Health Department. Sound public policy dictates a premarital examination with regulations for control of the infected. Examples of each are given. NEW JERSEY (37: 1-9) "WHEN ISSUANCE OF LICENSE PROHIBITED: — No marriage license shall be issued when either of the contracting parties, at the time of making application therefor, is infected with gonorrhea, syphilis or chancroid in a communicable stage, is under the influence of intoxicating liquor or a narcotic drug, or is an imbecile, epileptic or of an unsound mind. Nor shall any such license be issued to a person who is or has been an inmate of an insane asylum or institution for indigent persons, unless it appears that such person has been satisfactorily discharged therefrom." WEST VIRGINIA (Chapter 81, Laws of 1939, Code, Section 4684) "APPLICATION FOR LICENSE; REQUIREMENTS FOR ISSUANCE OF LICENSE: — Every license for marriage shall be issued by the Clerk of the county court of the county in which the female to be married usually resides: Provided, however, That such license shall be issued not sooner than three days after the filing with said clerk of a written application therefor. The day upon which such application is filed shall be counted as the first day, but two full days shall elapse after the day of such filing before the license shall be issued: Provided further. That before any such license is issued each applicant therefor shall file with the clerk a certificate or certificates from any physician duly licensed in the state, stating that each party thereto has been given such examination, including a standard serological test, as may be necessary - 32 - for the discovery of syphilis, made not more than thirty days prior to the date of such application, and stating that in the opinion of the physician the person therein named either is not infected with syphilis, or, if so infected, is not in the state of the disease which is or may later become communicable. "The application for a marriage license shall contain a statement of the full names of both parties, their respective ages and their places of birth and residence. It shall be signed by one or the other of the parties to the contemplated marriage, and shall be verified by such party to be true to the best of his or her knowledge and belief; and shall be recorded in the register of marriages provided for in section eleven (Section 4689) of this article. The date of its filing shall be noted in said register, which notation or a certified copy thereof shall be legal evidence of the facts therein contained. "STANDARD SEROLOGICAL TEST: — A standard serological test shall be a laboratory test for syphilis approved by the state commissioner of health, and shall be performed by the state department of health or by a laboratory approved for this purpose by the state department of health. "CONTENT AND FORM OF STATEMENTS: — Each physician’s statement, shall be accompanied by a statement from the person in charge of the laboratory making the serological test, or from some other person authorized by the person in charge of such laboratory to make such statement, setting forth the name of the test, the date it was completed, the name and address of the person whose blood was tested, but not stating the result of the test, and shall be attached to the application and forthwith filed with the licensing authority. The physician* s statement and the laboratory statement shall be on the same form sheet. Upon a separate form, a detailed report of the laboratory test showing the result of the test shall be transmitted by the person in charge of the laboratory to the physician. "ISSUANCE OF LICENSE IN CASE OF EMERGENCY OR EXTRAORDINARY CIRCUMSTANCES: — In case of an emergency or extraordinary circumstances, as shown by affidavit or other proof, a judge of the circuit court of the county in which an application for a marriage license is to be filed may direct the clerk of the county court by order, duly entered in the office of the clerk of the circuit court, to issue such license at any time before the expiration of the three-day limit and to dispense with those requirements which relate to the filing with the licensing authority by either or both of the parties of the physician* s certificate and laboratory statement. The order shall be accompanied by a written memorandum from the judge reciting his reason or reasons for granting the order. - 33 - "The order and the accompanying memorandum shall be attached to and filed with the application by the licensing authority who shall thereupon proceed with the issuance of the marriage license in accordance with the terms of the judge’s order. The licensing authority and his clerks and employees shall hold the contents of the judge* s memorandum in absolute confidence. In the absence or incapacity to act of the judge of the circuit court of the county in which the application is to be filed, the order and accompanying memorandum may be made to the clerk of the county court of such county by the judge of any judicial circuit adjoining the circuit in which such county is situated. "PENALTIES: — Any applicant for a marriage license, any physician or representative of a laboratory who shall knowingly misrepresent any of the facts called for in the physician’s statement or laboratory report, respectively; and any licensing authority who shall make a false entry as to the date of application for a marriage license; and any licensing authority who shall issue a marriage license prior to the end of the required three-day period or without the required physician’s statement and laboratory report (unless these shall have been dispensed with by judicial order pursuant to section six-c (Section 4684(3), or who shall issue such license despite his having reason to believe that any of the facts contained in said statement or report have been misrepresented, or shall issue a license on any Sunday or after five o’ clock P.M. and before eight o’clock A.M. on any week day, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred nor more than one thousand dollars, or confined in jail for not less than three nor more than nine months, or both such fine and confinement in the discretion of the court.” See Pennsylvania (Acts of Assembly No. 76, 1939) which permits appeal to State Board of Health when statement from physician is denied. Also, Colorado, which permits appeal to the Courts or State Board of Health may waive requirements. (1940 Accumulative Supplement, Chapter 107). For summary, see Digest, A.S.H.A. 1942 Supplement, Appendix 3« - 34 - 20. PRENATAL EXAMINATION FOR SYPHILIS SECTION I - BLOOD TESTS TO BE MADE—WHEN—BI WHOM: — Every licensed physician, midwife, Registered nurse and all persons who may undertake, in a professional way, the obstetrical and gynecological care of pregnant women in the State of Missouri shall, if the woman consents in the case of each woman so attended, take or cause to be taken a sample of venous blood of such woman at the time of the first examination, or not later than twenty (20) days after said first examination, and subject such sample to an approved and standard serological test for syphilis. An approved and standard test for syphilis shall mean a test made in a laboratory approved by The State Board of Health of Missouri. Such tests shall be made free of charge by The State Board of Health of Missouri on request. SECTION II - RESULTS TO BE NOTED: — As soon as the result of the test is determined, and if the test is positive or doubtfully positive for syphilis, the physician, or such other obstetrical or gynecological attendant shall fill out a form to be furnished by The State Board of Health of Missouri, with such finding noted thereon, and send it to the county or municipal department of health of the county or city in which the pregnant woman is then residing. In no event shall this finding be made public by any person. SECTION III - BIRTH REPORTS SHALL INDICATE WHETHER TEST WAS MADE: — In reporting every birth, and still-birth physicians and other persons attending pregnancy cases and required to report births and 513154 0 - 43 -6 - 35 - still-births, shall state on the report of birth, or still-birth, whether a blood test for syphilis has been made during such pregnancy upon a specimen of venous blood taken from the woman who bore the child, and, if made, the date when and where such test was made, and if not made, the reason why such test was not made. No report of birth, or stillbirth shall contain the result of such blood test. SECTION IV - MISDEMEANOR: — Any licensed physician, midwife, registered nurse and all persons who may undertake, in a professional way, the obstetrical and gynecological care of pregnant women in the State of Missouri, who shall publish in any manner not required by law the result of said blood test, or who, if a blood test is made, fails to follow the provisions of this Act or who misrepresents the facts required to be reported in this Act shall, on conviction be adjudged guilty of a misdemeanor, and be punished by imprisonment in the County Jail not exceeding one year, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Missouri Laws, 1941, page 367 New Section - 36 - 21. COMPULSORY PROSTITUTION OF WOMEN 1. The importation of women and girls into this state or the exportation of women and girls from this state for immoral purposes is hereby prohibited and whoever shall induce, entice or procure, or attempt to induce, entice or procure, to come into this state or to go from the state, any woman or girl for the purpose of prostitution or concubinage, or for any other immoral purpose, or to enter any house of prostitution in this state or any one who shall aid any such woman or girl in obtaining transportation to or within this state, shall be deemed guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two years nor more than twenty years and by a fine not exceeding five thousand dollars. 2. Any person who shall place any female in the charge or custody of any other person for immoral purposes or in a house of prostitution or elsewhere with intent that she shall live a life of prostitution; or any person who shall compel or shall induce, entice or procure, or attempt to induce, entice, procure or compel any female to reside with him or with any other person for immoral purposes, or for the purposes of prostitution or shall compel or attempt to induce, entice, procure or compel any such female to reside in a house of prostitution or compel or attempt to induce entice, procure or compel her to live a life of prostitution shall be guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for not less than two years nor more than twenty years and by a fine not exceeding five thousand dollars. - 37 - 3« Any person who shall induce, entice or procure, or attempt to induce, entice or procure any woman or girl for the purpose of prostitution or concubinage, or for any other immoral purpose, or to enter any house of prostitution in this state shall be deemed guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two years nor more than twenty years and by a fine not exceeding five thousand dollars. 4. Any person who shall receive any money or other valuable thing for or on account of placing in a house of prostitution or elsewhere any female for the purpose of causing her to cohabit with any male person or persons to whom she is not married shall be guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two years nor more than twenty years and by a fine not exceeding one thousand dollars. 5. Any person who shall pay any money or other valuable thing to procure any female for the purpose of placing her for immoral purposes in any house of prostitution or elsewhere, with or without her consent, shall be guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two years nor more than twenty years and by a fine not exceeding five thousand dollars. 6. Any person who shall knowingly receive any money or other valuable thing for or on account of procuring and placing in the custody of another person for immoral purposes any woman, with or without her consent, shall be guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than three years nor more than twenty-five years and by a fine not exceeding five thousand dollars. - 38 - 7• Any person who shall hold, detain, restrain or attempt to hold, detain or restrain in any house of prostitution or other place, any female for the purpose of compelling such female, directly or indirectly, by her voluntary or involuntary service or labor to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred in such house of prostitution or in any other place shall be deemed guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two nor more than twenty years and by a fine not exceeding five thousand dollars. 8. Any person who shall knowingly accept, receive, levy, or appropriate any money or other valuable thing without consideration, from the proceeds or earnings of any woman engaged in prostitution shall be deemed guilty of a felony and, on conviction thereof, shall be punishable by imprisonment for a period of not less than two years nor more than twenty years and by a fine not exceeding one thousand dollars. Any such acceptance, receipt, levy, or appropriation of such money or valuable thing shall upon any proceeding or trial for violation of this section be presumptive evidence of lack of consideration. 9- No conviction shall be had under this section upon the testimony of the female unless supported by other evidence. New York Penal Law, Article 220, Section 24^0 - 39 - 22. KEEPING DISORDERLY HOUSES Whosoever shall keep or maintain a house of ill-fame or assignation of any description or a place for the encouragement or practice by persons of lewdness, fornication, unlawful sexual intercourse or for any other indecent or disorderly act or obscene purpose therein or any place of public resort at which the decency, peace or comfort of a neighborhood is disturbed shall be guilty of a misdemeanor. When the lessee, proprietor, or keeper of a disorderly house or other building or any other person is convicted under this section, the lease or contract for letting the premises or the part thereof in which such violation occurred shall, at the option of the owner, agent or lessor, become void and the owner, agent or lessor may have the like remedy to recover the possession as against a tenant holding over after the expiration of his term. Whosoever as owner, agent or lessor shall agree to lease or rent or contract for letting any building or part thereof knowing or with good reason to know, that it is intended to be used for any of the uses or purposes herein prohibited or whosoever as owner, agent or lessor knowingly or with good reason to know permits any house or room or other part of any building or premises of which he may be the owner, agent or lessor to be used in whole or in part for any of the uses or purposes herein prohibited, shall be guilty of a misdemeanor. Upon conviction of any person for a violation of the provisions of this section, the court before whom such conviction shall have been had, - 40 - or the clerk of such court if there be a clerk, shall forthwith make and file in the office of the clerk of the county, in which said conviction shall have been had, a certified statement of said conviction and sentence, if any; and the clerk of said county «hall immediately enter in the judgment docket book in said office the amount of the penalty or fine imposed, as a judgment against the person so convicted or sentenced. New York Penal Law, Article 106, Section 1146 - 41 - 23. MALE PERSON LIVING ON PROCEEDS OF PROSTITUTION Every male person who lives wholly or in part on the earnings of prostitution, or who in any public place solicits for immoral purposes, is guilty of a misdemeanor. A male person who lives with or is habitually in the company of a prostitute and has no visible means of support, shall be presumed to be living on the earnings of prostitution. New York Penal Law, Article 106, Section 1143 - 42 - 24- RESIDING IN OR FREQUENTING HOUSE OF ILL-FAME OR ANY PLACE USED FOR LEWDNESS OR PROSTITUTION It shall be unlawful for any person to frequent, reside in or visit, for immoral purposes, any house of ill-fame, brothel or bawdy house or any place within or without any building or structure within this State, which is used or is to be used for lewdness, assignation or prostitution. - Virginia Code (Michie) Section 454Sa See also New Jersy 2: 15S-2, which makes stronger the above provision by adding the words ’’enter or remain in any conveyance, or vehicle for the purpose of prostitution, lewdness or assignation”• - 43 - 2$. AIDING PROSTITUTION OR ILLICIT SEXUAL INTERCOURSE That it shall be unlawful for any person, firm or corporation or any officer, employee or agent thereof, with knowledge or good reason to believe the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport on foot or in any way, any person to a place whether within or without any building or structure, used or to be used for the purpose of lewdness, assignation or prostitution within this State; or to procure or assist in procuring for the purposes of illicit sexual intercourse, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution. Virginia Code (Michie), Section 4543b - U - 26. USING OR ALLOWING USE OF AUTOMOBILES OR OTHER VEHICLES TO AID OR PROMOTE PROSTITUTION OR ILLICIT SEXUAL INTERCOURSE It shall be unlawful for any owner or chauffeur of any jitney, jitney bus, automobile, motor car, or other vehicle, with knowledge or reason to believe the same to be used for immoral purpose, whether drawn by animal or motive power, to use the same or to allow the same to be used, for the purposes of prostitution or illicit or illegal sexual intercourse, or to aid or promote such prostitution, illicit or illegal sexual intercourse by the use of any such jitney, jitney bus, automobile motor car or other vehicle, whether drawn by animal or motive power. Virginia Code (Michie) Section 454Sd - 45 - 27. TRANSPORTATION OF FEMALE FOR PURPOSE OF PROSTITUTION Any person or persons transporting, or attempting to transport, by any railroad, steamboat, railway, or by any other means of conveyance, through or across this State, any Iemale for the purposes within the intent of this Act, may be presented, indicted, tried and convicted in any county or city in which any part of said transportation may have taken place. Virginia Code, Section 4579 - 46 - 28. ABDUCTION A person who: 1. Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of eighteen years, for the purpose of prostitution; or, not being her husband, for the purpose of sexual intercourse; or, without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage; or, 2. Inveigles or entices an unmarried female, of previous chaste character, into a house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution or sexual intercourse; or, 3. Takes or detains a female unlawfully against her will, with the intent to compel her, by force, menace or duress, to marry him, or to marry any other person, or to be defiled; or, 4« Being parent, guardian or other person having legal charge of the person of a female under the age of eighteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse; Is guilty of abduction and punishable by imprisonment for not more than ten years, or by a fine of not more than one thousand dollars, or by both. New York Penal Law, Article 4, Section 70 - 47 - 29. ADULTERY AND FORNICATION - INCEST - HOW PUNISHED If any person commit adultery or fornication, he shall be fined not less than twenty dollars. And if he commit adultery or fornication with any person, whom he is forbidden by law to marry, he shall be deemed guilty of a misdemeanor; provided however that if he commit adultery or fornication with his daughter or his granddaughter he shall be confined in the penitentiary not less than one nor more than ten years or in the discretion of the court or jury trying the case, confined in jail not exceeding twelve months, and by fine not exceeding five hundred dollars, either or both. Virginia Code, Section L&13 - us - 30. LEWD AND LASCIVIOUS COHABITATION - HOW PUNISHED - PENALTY FOR SECOND OFFENSE If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open and gross lewdness and lasciviousness, they shall be fined not less than fifty nor more than five hundred dollars; and, upon a repetition of the offense, and conviction thereof, they may also be confined in jail not less than six nor more than twelve months. Virginia Code, Section 4545 - 49 - 31. CHAPTER 18 — AN ACT to amend and re-enact Chapter 404 of the Acts of 1918, approved March 23, 1918, entitled "An Act to provide for the examination and punishment of persons convicted of prostitution, or of keeping houses of ill-fame or assignation, and for commitment of such persons to city farms or hospitals," so as to include inmates of a house of ill-fame and persons soliciting for immoral purposes, and so as to prohibit, before conviction, the release on bail before examination and before being pronounced not dangerous in the community on account of a venereal disease, of any person arrested on a charge of any such crime, and if not convicted but found infected to provide for confinement of such persons and expense of such confinement« Approved October 5, 1942 1. Be it enacted by the General Assembly of Virginia, That chapter four hundred and four of the Acts of nineteen hundred and eighteen, approved March twenty-third, nineteen hundred and eighteen, entitled "An Act to provide for the examination and punishment of persons convicted of prostitution, or of keeping houses of ill-fame or assignation, and for commitment of such persons to city farms or hospitals," be amended and re-enacted so as to read as follows: - 50 - Section 1. Any person arrested in this State upon a charge of prostitution or of being a keeper, frequenter or inmate of a house of ill-fame, prostitution or assignation, or of soliciting for immoral purposes, shall be subjected to a physical examination for contagious venereal disease by the local board of health, of the county or city in which such person is being held, or by a competent physician appointed and designated by the trial justice or court of the county or city in which such person is being held, and no person, whether convicted or not, shall be admitted to bail or released until pronounced by said board, or physician, not dangerous in the community on account of such venereal disease; provided, however, that such physical examination of every such person shall begin as soon after the arrest as is reasonably possible not exceeding three days, and shall be completed as soon as reasonably practicable. Section 2. Any person convicted of being a prostitute, keeper or inmate of a house of ill-fame, prostitution or assignation, or soliciting for immoral purposes, shall not be fined but shall be committed to a city farm or hospital,' as in the discretion of the court or justice is deemed best or in case there is not a city farm or hospital in which such convicted person can be confined, such person shall be committed to jail. Section 3. The judges and justices are authorized to commit, with the consent of the farm board, persons convicted of being prostitutes, or for keeping or conducting a house of prostitution or assignation to any county or city farm established in accordance with an act approved March fourteenth, nineteen hundred and fourteen, or any hospital for the treatment of venereal diseases which have been or may be established in this State. - 51 - Section 4* The State Board of Public Welfare shall report to the Governor all persons confined in the jails of the State for prostitution, or for keeping a house of ill-fame or assignation, and the Governoi’ is hereby authorized, with the consent of the farm board, to remove such persons from the jails to city farms or other suitable institutions. And the State shall pay to institutions receiving and caring for such persons the same that the sheriff or sergeant was receiving for their keep in jails from which they are removed. Section 5. Whenever any person arrested and physically examined as provided in section one of this act, is found to be infected with a contagious venereal disease, the trial justice or other court in which the charge against such person was pending or was tried, if such person be not convicted of the offense charged, may order that such person be confined in such manner as is provided for convicted persons so infected in sections three and four of this act, or in any other suitable place, and the expense of such confinement shall be paid in like manner as for persons confined pursuant to the provisions of said sections three and four. 2. An emergency existing, this act shall be in force from its passage. Virginia Acts of Assembly (Oct. 5,1942) Extra Session, p.24) NOTE: The word "frequenter” in Section 1 was eliminated by the Legislature. The Bill was originally drafted by the Attorney General and the State Health Commissioner of Virginia after consultation with Army and Navy personnel as a result of the activities of prostitutes in the Norfolk, Virginia, area. This Act is subject to the criticism that it does not permit persons infected with a venereal disease to voluntarily subject themselves to examination, confinement and treatment in a State Institution. Under Section 3, it is hoped by the Virginia authorities to use the abandoned CCC camps as hospitals and places of rehabilitation. - 52 - 32. FREE TREATMENT BY LOCAL BOARD Any person suffering from a venereal disease in the infectious stage and who is unable to pay for treatment may apply for care and treatment to the local board having jurisdiction of the place in which he resides. If the board after investigation finds that the person is in fact unable to pay for treatment, it shall be provided without cost. New Jersey 26: 4-26 - 53 - 33. (a) HOUSES OF PROSTITUTION, ASSIGNATION AND LEWDNESS DEEMED COMMON NUISANCE—HOW PERSON PUNISHED FOR MAINTAINING, OR FOR AIDING AND ABETTING OR KNOWINGLY ASSOCIATING WITH OTHERS IN MAINTAINING SAME—BONDS All buildings, houses, structures, boathouses, trailers, tents, clubs, fraternity and lodge rooms, boats, cars and places of every description, including the ground, itself, used for the purpose of lewdness, assignation, or prostitution, or in or upon which such lewdness, assignation, or prostitution is conducted, permitted, or carried on, continued, or exists, or frequented for such purposes, and the furniture, fixtures, musical instruments and contents, shall be held, taken and deemed common nuisances. Any person who shall erect, establish, maintain, continue, use, own, occupy or lease, or who shall aid or abet or frequent or knowingly be associated with others in maintaining such common nuisances, shall be guilty of a misdemeanor and, in addition thereto, judgment may be given that such building, house, structure, boathouse, trailer, tent, club, fraternity and lodge room, car, boat or other place, or any room or part thereof, be closed up, but the Court may, upon the owners giving bond in the penalty of not less than $1,000 and with security to be approved by the Court, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this Act for a period of five years turn the same over to its owner; or proceedings may be had in equity as provided in Section 5« (b) EVIDENCE—REPUTATION OF PLACE AND PERSONS—ADMISSIBILITY IN TRIALS In the trial of any person charged with a violation of any of the provisions of Section 1-a of this Act, evidence and testimony concerning the reputation of any building, house, structure, boathouse, tent, trailer, - 54 - car, boat, or other place, and of the person or persons who reside in or frequent the same and of the defendant shall be admissible in evidence in support of the charge. (c) The Board, duly authorized agents of the Board, the Attorney for the Commonwealth, or any citizen of the county, city or town where such nuisance as is defined in Section 4(a) of this Act, exists, or is kept or maintained, may, in addition to remedies given in the punishment imposed in this act, maintain a suit in equity to perpetually enjoin the same. The courts of equity shall have jurisdiction thereof and every case where the bill charges on the knowledge and belief of plaintiff and is sworn to by two reputable citizens that said building, house, structure, boathouse, trailer, tent, club, fraternity and lodge rooms, boat, car or other places including the ground, itself, is used for the purpose of lewdness, assignation, prostitution, or said acts are conducted, permitted, carried on, continued or exist or are frequented for such purposes, an injunction shall be granted as soon as the bill is presented to the court or judge in vacation. The injunction shall restrain the owners, tenants, their agents, employees, servants and any person connected with said house, building or other places named in this section, and all persons whomsoever from continuing said acts in said house, building or other places named in this section, and shall also restrain all persons from removing any furniture, fixtures or other articles from said premises until the further order of the court. Upon the hearing of the cause, when it shall have been matured and set for hearing, as required by law, upon - 55 - depositions of witnesses, documentary and oral evidence, if the court or judge in vacation, shall be satisfied that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it or he shall continue the injunction against said house, building or other places mentioned in this section, for such period of time as the court may think proper, with the right to dissolve the injunction upon the application of the owner of such house, building or place, if tlie proper cause is shown for dissolution. If the complaint is filed by a citizen it shall not be dismissed by him before a final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the commonwealth, or the Attorney-General for the State, in writing, or in open court. In any case if the court is of the opinion that the suit ought not be dismissed, it may direct the attorney for the commonwealth to prosecute it to judgment and if the suit is pending for more than one term of court, any citizen or commonwealth’s attorney may be substituted for the complaining party and prosecute said suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen. ( d) CONTEMPT PROCEEDINGS—PROCEDURE—PUNISHMENT In case of violation of any injunction granted to restrain such nuisance, the court, or, in vacation, a judgment thereof, may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of the court an information, under oath, setting out the - $6 - alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceeding demand the production and oral examination of the witnesses. A party found guilty of contempt under-the provisions of this section, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in jail not less than three months nor more than six months, or in the discretion of the court by both fine and imprisonment. (e) ABATEMENT OF NUISANCE—SALE OF FURNITURE, ETC.—CLOSING OF BUILDING If the existence of the nuisance be established in a suit in equity, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall decree the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of five years, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed, he shall be punished as for contempt, as provided in the preceding section. (f) DISPOSITION OF PROCEEDS OF SALE The proceeds of the sale of the personal property, as provided in the preceding section, shall be applied to the payment of the costs of the suit and abatement, including such reasonable attorney fee to be - 57 - decreed to the attorney for the complainant, as the court shall think just, and the balance, if any, shall be paid to the defendant. (g) WHEN PROPERTY TO BE DELIVERED TO OWNER ON GIVING BOND If the owner appears and pays all costs of the proceedings and files a bond with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or by the judge, in vacation, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept within a period of five years thereafter, the court, or, in vacation, the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to said owner and said order of abatement cancelled so far as the same may relate to said property; and if the proceeding be a suit in equity and said bond be given and costs therein paid before judgment and order of abatement, the suit shall be thereby abated as to said building only. But the release of the property under the provisions of this section, shall not release it from judgment, lien, penalty, or liability to which it may be subject by law. The preceding seven sections (a to g, inclusive) are based upon the civil "Injunction and Abatement" laws found in many states and the Criminal Nuisance Statute, Section 4675(55), of the Virginia Alcoholic Beverage Control Act, which has proven highly successful in this State. - 58 - 3k- NO PERSON TO BE EXCUSED FROM TESTIFYING FOR STATE BECAUSE TESTIMONY MAY INCRIMINATE HIMSELF No person shall be excused from testifying for the State as to any offense committed by another under this act by reason of his testimony tending to incriminate himself, but the testimony given by such person on behalf of the State when called to the stand by the court trying the case, or by the attorney for the State, or when summoned by the State and sworn as a witness by the court or clerk and sent before the grand jury, shall in no case be used against him nor shall he be prosecuted as to the offense as to which he testifies, except that said immunity shall not relieve any person infected with a communicable disease from taking the treatment prescribed by law, under other sections of this Act. Virginia Code, Section 4675(63) - 59 - 35. PREVIOUS CONVICTIONS MAY BE ALLEGED AND PROVED In any indictment, information or warrant charging any person w^-th having violated any provision of this act it may be alleged, and evidence may thereafter be introduced at the trial of such person to prove, that such person has been previously convicted of a violation or violations of this act. Virginia Code, 1942, Section 4675(61b) - 60 - 36. «»PROSTITUTION" DEFINED The term "prostitution", as used in this chapter, shall include the giving or receiving of the body for sexual intercourse for hire, and the giving or receiving of the body for indiscriminate sexual intercourse without hire. New Jersey 2: 158-1 - 61 - 37. ENGAGING IN PROSTITUTION Any person who shall engage in prostitution, or assignation or knowingly aid or abet prostitution, lewdness, or assignation, shall be guilty of a misdemeanor. New Jersey 2: 158-2 - 62 - 38. PUNISHMENT PRESCRIBED FOR VIOLATIONS OF ACT AND FOR VIOLATIONS OF REGULATIONS MADE BY BOARD—BOND MAY BE REQUIRED BY JUSTICES, MAYOR, COURT OR JUDGE—NOT TO PREVENT BOARD FROM CANCELLING LICENSE a. Any person convicted of a misdemeanor under the provisions of this act, or convicted of violating any other provision of this act, or convicted of violating any regulation made by the Board under the provisions of this act, shall, unless otherwise provided, be punished by a fine not exceeding five hundred dollars or confinement in jail not exceeding twelve months or both in the discretion of the jury or of the justice or of the Magistrate or of the court trying the case without 8. jury. b. In addition to the penalties imposed by this act for violations thereof, any justice, magistrate or court, before whom any person is convicted of violating any provision of this act, may require such defendant to execute bond, with approved security, in the penalty of not more than one thousand dollars, conditioned that the said defendant will not violate any of the provisions of this act, for the term of one year. If any such bond be required and be not given, the defendant shall be committed to jail until it is given, or until he is discharged by the said justice, magistrate or court, provided he shall not be confined therefor for a longer period than six months. If any such bond required by a court be not given during the term of the court by which conviction is had, it may be given before the judge thereof in vacation or before the clerk of the said court. c. The provisions of this act shall not be construed to prevent the Court from cancelling any State or local license held by any person convicted of violating any provisions of this act. - 63 - d. The attorneys for the Commonwealth (Prosecuting Attorneys) are hereby directed to appear and represent the Commonwealth before the court, magistrate or justice trying any person for any violation of this act in their respective jurisdictions, and no court, magistrate or justice shall hear such a case unless the respective attorney for the Commonwealth or his assistant is present or has been duly notified of such a case pending. Virginia Code, 1942, Section 4675(62), 15541 - 64 - 39. CONSTITUTIONALITY If any part or parts, section, subsection, sentence, clause or phrase of this act is for any reason declared unconstitutional, such decision shall not affect the validity of the remaining portions of this act, which shall remain in force as if such act had been passed with the unconstitutional part or parts, section, subsection, sentence, clause or phrase thereof eliminated; and the General Assembly hereby declares that it would have passed this act if such unconstitutional part or parts, section, subsection, sentence, clause, or phrase had not been included herein. Virginia Code, Section 4675(68) - 65 ~ 40. REPEAL OF ACT All acts and parts of acts, general, special, private and local, including charter provisions of cities and towns, inconsistent with any of the provisions of this act, are hereby repealed to the extent of such inconsistency. Virginia Code, Section 4675(88) - 66 - SECTION C I INTERSTATE TRAVEL OF PERSONS INFECTED Section 25, of Title 42, United States Code Annotated, Chapter 1, entitled "Public Health Service" taken from the Act July 9, 1918, 40 Statute 886, provides: "The duties of the Division of Venereal Diseases shall be in accordance with rules and regulations prescribed by the Secretary of the Treasury . • • to control and prevent spread of this disease in interstate traffic." Pursuant to Section 25, the U. S. Public Health Service through the Treasury Department under date of December 21, 1923, issued the following regulation: "Any person infected with syphilis, gonorrhea or chancroid who wishes to engage in interstate travel must first obtain a permit in writing from the local Health Officer under whose jurisdiction he resides. This permit shall state that in the opinion of the Health Officer such travel is not dangerous to the public health." Although the Supreme Court of the United States and most of the State Courts have held administrative regulations valid, it is doubtful whether the United States Public Health Service or the Treasury Department fyas the power to provide for a valid punishment under the above quoted regulation. The regulation, itself, is a good one, but it would certainly be most helpful if the Congress of the United States would pass a law embodying the regulation and add thereto such penalty for interstate travel as Congress deemed wise. - 67 - II THE AMERICAN SOCIAL HYGIENE ASSOCIATION, INC. One of the greatest sources of information and aids to any venereal disease control program is the American Social Hygiene Association, 1790 Broadway, New York City. There is available from this source: (a) "Digest of Laws dealing with prostitution and other sex offenses” which "has been compiled in response to many requests re- ceived by the American Social Hygiene Associ- ation for information on this subject." 'Riis is a readily accessible digest summarizing Federal laws and the laws of the forty-eight states. For anyone interested, particularly members of the various state legislatures, this valuable contribution to the Venereal Disease Control Program,, should not be overlooked. - 68 - SECTION D CONCLUSION It is hoped that this brief may assist in strengthening the muscles for war by aiding in the betterment of the health of the people of this great Nation and alleviating much of the human wreckage and suffering and economic stress caused by the great unwanted contagious, infectious, communicable and dangerous venereal diseases• Respectfully submitted, John Marshall Goldsmith, Chairman Frank T. Cullitan, Vice-Chairman Edward A. Tamm, Adviser Walter L. Green Peter Horne Bascom Johnson Timothy N. Pfeiffer M» Rosengard Charles P. Taft George C. Taylor John H. Wigmore Radford, Virginia January 8, 1943» - 69 - SECTION E BIBLIOGRAPHY Digest of Laws and Regulations, The American Social Hygiene Association, including 1942 Supplement, Publication No. A-274. Digest of Laws Dealing with Prostitution, etc., The American Social Hygiene Association, Publication No. A-422. Parker, Hon. John J. (U. S. Circuit Judge, 4th Circuit) Democracy in Government Parran, Thomas, M.D. and Vonderlehr, R. A., M.D., Plain Words about Venereal Disease. Parran, Thomas, M. D., Shadow on the Land. “Hearings before The Committee, on Military Affairs, House of Representatives, 77th Congress, First Session, on H. R. 2475•” Statutes or Revised Codes of the States. Broughton, Philip S., "Prostitution and the War". - 70 - / SECTION F APPENDIX APPENDIX I An Agreement by the War and Navy Departments, the Federal Security Agency, and State Health Departments on Measures for the Control of the Venereal Diseases in Areas Where Armed Forces or National Defense Employees are Concentrated. 1/ It is recognized that the following services should be developed by State and local health and police authorities in cooperation with the Medical Corps of the United States Army, the Bureau of Medicine and Surgery of the United States Navy, the United States Public Health Service, and interested voluntary organizations: 1» Early diagnosis and adequate treatment by the Army and the Navy of enlisted personnel infected with the venereal diseases. 2. Early diagnosis and treatment of the civilian population by the local health department. 3. When authentic information can be obtained as to the probable source of venereal disease infection of military or naval personnel, 2/ the facts will be reported by medical officers of the Army or Navy to the State or local health authorities as may be required. If additional authentic information is available as to extramarital contacts with diseased military or naval personnel during the communicable stage, this should also be reported. 4. All contacts of enlisted men with infected civilians to be reported to the medical officers in charge of the Army and Navy by the local or State health authorities. 5. Recalcitrant infected persons with communicable syphilis or gonorrhea to be forcibly isolated during the period of communicability; in civilian populations, it is the duty of the local health authorities to obtain the assistance of the local police authorities in enforcing such isolation. 6. Decrease as far as possible the opportunities for contacts with infected persons. The local police department is responsible for the repression of commercialized and clandestine prostitution. The local health departments, the State Health Department, the Public Health Service, the Army, and the Navy will cooperate with the local police authorities in repressing prostitution. \/ Adopted by the Conference of State and Territorial Health Officers, May 7-13, 1940. 2/ Familial contacts with naval patients will not be reported. - 71 - 7. An aggressive program of education both among enlisted personnel and the civilian population regarding the dangers of the venereal diseases, the methods for preventing these infections, and the steps which should be taken if a person suspects that he is infected. 8. The local police and health authorities, the State Department of Health, the Public Health Service, the Army, and the Navy desire the assistance of representatives of the American Social Hygiene Association or affiliated social hygiene societies or other voluntary welfare organizations or groups in developing and stimulating public support for the above measures. - 72 - APPENDIX II (Public—No. 540—75th Congress) (Chapter 267—3d Session) (s. 3290) AN ACT To impose additional duties upon the United States Public Health Service in connection with the investigation and control of the venereal diseases. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the Act approved July 9, 1918, is hereby amended by adding, after section 4 of chapter XV (40 Stat. 886; U.S.C., title 42, sec. 25), sections 4a, 4b, 4c, 4d, and 4© to read as follows: "Sec. 4a. For the purpose of assisting States, counties, health districts, and other political subdivisions of the States in establishing and maintaining adequate measures for the prevention, treatment, and control of the venereal diseases; for the purpose of making studies, investigations, and demonstrations to develop more effective measures of prevention, treatment, and control of the venereal diseases, including the training of personnel; for the pay, allowances, and traveling expenses of commissioned officers and other personnel assigned to duties in carrying out the purposes of sections 4© to 4©, inclusive, of this Act in the District of Columbia and elsewhere; and for the printing of reports, documents, and other material relating thereto, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1939, not exceeding the sum of $3,000,000; for the fiscal year ending June 30, 1940, not exceeding the sum of $5,000,000; for the fiscal year ending June 30, 1941, not exceeding the sum of $7,000,000; and for each fiscal year thereafter, such sum as may be deemed necessary to carry out the purposes of sections 4© to 4e, inclusive, of this Act. "Sec. 4b. Prior to the beginning of each fiscal year the Surgeon General of the Public health Service shall determine, out of the appropriations made pursuant to section 4a, the sum to be allotted to the several States, including the District of Columbia, Alaska, Puerto Rico, Virgin Islands, and Hawaii. The Surgeon General shall then allot such sum to the several States upon the basis of (1) the population, (2) the extent of the venereal-disease problem, and (3) the financial needs of the respective States. Upon making such allotments he shall certify the amounts thereof to the Secretary of the Treasury. The amount of an allotment to any State for any fiscal year remaining unpaid at the end of such fiscal year shall be available for allotment to the States for the succeeding fiscal year in addition to the amount appropriated and available for such fiscal year. - 73 - "Sec. 4c. Prior to the beginning of each quarter of the fiscal year the Surgeon General of the Public Health Service shall determine the amount to be paid to each State for such quarter from the allotment to such State, and shall certify the amount so determined to the Secretary of the Treasury. Upon receipt of such certification, the Secretary of the Treasury shall, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay in accordance with such certification. The moneys so paid to any State shall be expended in carrying out the purposes specified in section 4a > and in accordance with plans presented by the health authority of such State and approved by ihe Surgeon General of the Public Health Service. "Sec. 4d. With the approval of the Secretary of the Treasury and after consultation with a conference of State and Territorial health officers, the Surgeon General of the Public Health Service is authorized to prescribed the rules and regulations necessary to carry out the purposes of sections 4& to 4e, inclusive, of this Act. "Sec. 4©» Sections 4a to 4e, inclusive, of this Act shall not be construed as superseding or limiting the functions, under any other Act, of the Public Health Service relating to the prevention, treatment, and control of venereal diseases, or the expenditure of money therefor." Approved, May 24, 1938. - 74 - APPENDIX III THE MAX ACT (Public Law 163 - 77th Congress) (Chapter 287 - 1st Session) (H. R. 2475) AN ACT To prohibit prostitution within such reasonable distance of military and/or naval establishments as the Secretaries of War and/or Navy shall determine to be needful to the efficiency, health, and welfare of the Army and/or Navy. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That until May 15, 1945, it shall be unlawful, within such reasonable distance of any military or naval camp, station, fort, post, yard, base, cantonment, training or mobilization place as the Secretaries of War and/or Navy shall determine to be needful to the efficiency, health, and welfare of the Army and/or Navy, and shall designate and publish in general orders or bulletins, to engage in prostitution or to aid or abet prostitution or to procure or solicit for the purposes of prostitution, or to keep or set up a house of ill-fame, brothel, or bawdy house, or to receive any person for purposes of lewdness, assignation, or prostitution into any vehicle, conveyance, place, structure, or building, or to permit any person to remain for the purpose of lewdness, assignation, or prostitution in any vehicle, conveyance, place, structure, or building or to lease, or rent, or contract to lease or rent any vehicle, conveyance, place, structure, or building, or part thereof, knowing or with good reason to know that it is intended to be used for any of the purposes herein prohibited; and any person, corporation, partnership, or association violating the provisions of this Act shall, unless otherwise punishable under the Articles of War or the Articles for the Government of the Navy, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment, and any person subject to military or naval law violating this Act shall be punished as provided by the Articles of War or the Articles for the Government of the Navy, and the Secretaries of War and of the Navy and the Federal Security Administrator are each hereby authorized and directed to take such steps as they deem necessary to suppress and prevent the violation thereof, and to accept the cooperation of the authorities of States and their counties, districts, and other political subdivisions in carrying out the purposes of this Act: Provided, That nothing in this Act shall be construed as conferring on the personnel of the War and Navy Department or the Federal Security Agency any authority to make criminal investigations, searches, seizures, or arrests of civilians charged with violations of this Act. Approved, July 11, 1941» - 75 - APPENDIX IV STATEMENT OF THE HOUSE OF DELEGATES OF THE AMERICAN MEDICAL ASSOCIATION The House of Delegates of the American Medical Association takes the following stand: ♦ FIRST, that the control of venereal disease requires elimination of commercialized prostitution. SECOND, that medical inspection of prostitutes is untrustworthy, inefficient, gives a false sense of security, and fails to prevent the spread of infection. THIRD, that commercialized prostitution is unlawful, and physicians who knowingly examine prostitutes for the purpose of providing them with medical certificates to be used in soliciting are participating in an illegal activity, and are violating the principles of accepted professional ethics. Meeting of the American Medical Association June 9, 1942 - 76 - APPENDIX V SYPHILIS PREVALENCE PER 1,000 MALES AGED 21-35 Rates among Two Million Selectees and Volunteers Reported Through August 31, 1941, Corrected for Age, Race and Residence within Each State WHITE NEGRO TOTAL State.Division.Resion Syphilis Rate State .Division .Redon Syphilis Rate j State .Division .Region Syphilis Rato 1. New Mexico 54.2 1. Florida 405.9 1. Mississippi 171.5 2. Texas 53.4 2. Texas 343.2 2. Florida 158.6 3. Florida 53.3 3. Georgia 327.6 3. South Carolina I45.5 4. Arizona 48.9 4. Maryland 324.6 4. Georgia 133.2 5. South Carolina 48.8 5. Mississippi 321.6 5. Louisiana 116.5 6. West Virginia 46.9 6. Arkansas 314.3 6. Arkansas 98.6 7. Oklahoma 39.5 7. New Mexico 304.8 7. Texas 93.4 8. Tennessee 39.4 8. South Carolina 296.3 8. District of Col. 92.7 9. Georgia 39.0 9. Arizona 295.8 9. Alabama 92.3 10. Louisiana 37.9 10. Tennessee 277.8 10. North Carolina 84.6 11. Mississippi 35.2 11. Dist. of Columbia 272.9 11. Tennessee 81.1 12, Nevada 32.1 12. Louisiana 272.0 12. Virginia 80.8 13. Virginia 31.0 13. Indiana 267.2 13» Maryland 77.3 14. Arkansas 30.0 14. Oklahoma 254.5 14« Arisona 60.4 15« Indiana 29.9 15. Virginia 245.9 15. West Virginia 57.2 16. Missouri 28.5 16. Delaware 239.6 16. New Mexico 56.5 17. North Carolina 28.5 17. North Carolina • 237.4 17. Oklahoma 54.7 18. Maryland 28.4 18. Missouri 231.6 18. Delaware 51.5 19. Alabama 28.2 19. Alabama 227.1 19. Missouri 41*6 20. California 27.0 20. California 212.3 20. Indiana 38.3 21. Maine 26.9 21. West Virginia 211.7 21. Nevada 32.1 22. Wyoming 25.8 22. Illinois 211.4 22. California 30.7 23. Dist. of Columbia 23.8 23. Kansas 210.5 23. Ohio 30.I 24. Ohio 21.9 24. Connecticut 207.1 24. Illinois 30.0 25. Delaware 21.8 25. Nebraska 204.4 25. Kansas 26.9 26. Illinois 21.1 26. Colorado 201.3 26. Maine 26.9 27« Kansas 20.5 27. New York 197.3 27. Wyoming 25.8 28. Colorado 20.2 28. New Jersey 193.0 28. Pennsylvania 24.7 29. Pennsylvania 17.0 29. Ohio 191.2 29» Michigan 23.5 30. Michigan 16.4 30. Pennsylvania 190.5 30. New York 22.8 31. Iowa 15.9 31. Michigan 182.6 31. New Jersey 22.0 32. Washington 15.6 32. Iowa 182.1 32. Colorado 21-9 33. New York 14.7 33. Washington 174.6 33. Iowa 16.8 34« Montana 14.1 34. Wisconsin 157.0 34- Washington 16.2 35. New Jersey 12.6 35. Minnesota 141.9 35. Montana 14.I 36. Nebraska 11.2 36. Massachusetts II5.8 36. Nebraska 13.1 37. Rhode Island 9.6 37. Rhode Island 91.8 37. Connecticut 12.5 38. South Dakota 9.6 Maine * 38. Rhode Island 10.6 39. Connecticut 9.0 Montana ♦ 39. Massachusetts 10.3 4Ó. Massachusetts 9.0 Nevada ♦ 40. South Dakota 9.6 41. Minnesota 8.6 New Hampshire ♦ 41. Minnesota 9.I 42. Utah 7.3 North Dakota ♦ 42. Utah 7.3 43. North Dakota 6.9 South Dakota ♦ 43. Wisconsin 7.0 44. New Hampshire 6.6 Utah « 44. North Dakota 6.9 45. Wisconsin 6.4 Wyoming « 45« New Hampshire 6.6 1. West South Central 45.4 1. West South Central 307.1 1. East South Central IO9.5 2. South Atlantic 36.8 2. South Atlantic 296.1 2. South Atlantic 102.9 3. East South Central 34.6 3. East South Central 277.2 3. West South Central 91.9 4. Mountain 26.4 4. Mountain 270.8 4. Mountain 28.9 £ 5 • Pacific 24.7 5. West North Central 222.3 5. Pacific 27.8 k"6. East North Central 19.7 6. Pacific 210.6 6. East North Central 27.1 7. West North Central 17.1 7. East North Central 204.6 7. Middle Atlantic 23.4 8. Middle Atlantic 15.2 8. Middle Atlantic 194.2 8. West North Central 22.2 9. New England 10.7 9. New England 146.2 9. New England 12.2 1. 15 Southern States A 1. 15 Southern States A 1. 15 Southern States & District of Columbia 39.5 District of Columbia 294.0 Dist. of Columbia 1UU.5 2. 29 Northern States 17.9 2. 29 Northern States 201.4 2. 29 Northern State« 24.O 44 States and the Dist. of Columbia 23.5 44 States and the Diet.of Columbia 272.0 44 States and the Dist. of Columbia 47.7 U. S. GOVERNMENT PRINTING OFFICE : 1943 O- 513154 * Number tested insufficient for rate adjustment. - 77 -