In Re Shepard

The petition in this matter is presented by a friend of Irene Shepard, and alleges that the latter is held under quarantine and isolation by the respondent, Dr. Alex M. Lesem, but that she is not afflicted with any disease quarantinable or isolable under the law. It is further alleged that the respondent has no information of the existence in Mrs. Shepard “of such diseases as may ... be made the cause” for her quarantine and isolation.

The respondent, by his return to the writ, alleges' that Mrs. Shepard is isolated in a hospital under his charge, “suspected of being infected with a contagious, infectious and communicable disease, namely, syphilis and gonococcus infection”; that, in his opinion, “it is now necessary to isolate the said Irene Shepard until an examination is made to determine whether said Irene Shepard is infected with said diseases or either .of them”; and “that there is rea- ' sonable cause to believe that she is so infected.” He further alleges that Mrs. Shepard refuses to submit herself to the desired examination.

The circumstances under which the woman is detained, stating them most favorably to the contention of respondent and disregarding Mrs. Shepard’s…