SEC. 34. No person shall alter or forge, or attempt to alter or forge, any diploma or other evidence of graduation in the healing art, or any certificate or evidence of any kind, with the intent that it shall be used to evade the provisions of this Act. SEC. 35. No person shall alter or forge, or attempt to alter or forge, any license or evidence of registration, or counterfeit the seal of the commission, or make any counterfeit impression of that seal.

SEC. 36. No person having any office or duty to perform with respect to the licensing or registration of applicants for licenses and for registration under the provisions of this Act shall knowingly rate unfairly or give any unauthorized advantage to, or impose any unfair disadvantages on, any such applicant.

SEC. 37. Any person who swears or affirms to the truth of any matter or opinion that he knows to be false, for the purpose of evading, hindering, or impeding the purposes of this Act is guilty of perjury. Any person who swears or affirms falsely, outside of the District of Columbia, if his oath or affirmation be delivered to the commission in said District shall be guilty of perjury in said District and shall be tried and punished under the laws thereof.

SEC. 38. The commission may refuse to license or to register any person for any cause that in the judgment of the commission would, under the provisions of section 27 of this Act, authorize the Supreme Court of the District of Columbia to suspend or revoke a license or registration, if issued or granted. Before the commission refuses to license or register any applicant for any cause under the provisions of this section, it shall give that applicant an opportunity to be heard in person or by attorney, and to produce witnesses on his behalf. Witnesses may be produced on behalf of the commission and on behalf of any interested person. The attendance and testimony of witnesses may be compelled by subpoena issued by the Supreme Court of the District of Columbia, and said court is hereby authorized to issue and to enforce such subpoenas, on petition of the commission. Any person failing or refusing, without just cause, to appear and testify in response to any such subpoena, or in any way obstructing the course of any hearing to which he has been subpoenaed, is guilty of contempt of court and may be punished as other persons guilty of contempt of court are punished. Any member of the commission may administer oaths at any such hearing. On the petition of any applicant to whom a license or registration has been denied by the commission by virtue of this section, the action of the commission may be reviewed by the Supreme Court of the District of Columbia on a writ of certiorari, subject to appeal to the Court of Appeals of the District of Columbia, in the same manner as appeals are taken in similar cases.

SEC. 39. Any person violating the provisions of this Act shall upon conviction thereof be punished by a fine of not more than $100 or by imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court.

SEC. 40. If a person licensed or registered under the provisions of this Act be convicted in the Supreme Court of the District of Columbia of any felony, the court, without further hearing or procedure, may suspend for such time and under such conditions as it deems proper, or may revoke, the license or registration of the defendant, in addition to imposing any other penalty provided by law. An appeal by the defendant in any such case from the conviction of the offense shall act as a supersedeas to the judgment of the court suspending or revoking his license or registration.

SEC. 41. The unlawful practice of the healing art may be enjoined by the Supreme Court of the District of Columbia, sitting as a court of equity, on petition by the commission, or by the Commissioners of the District of Columbia, or by the major and superintendent of police of this District; but no such proceeding shall be entertained in advance of the conviction of the person sought to be enjoined, of violation of the provisions of this Act. In any such proceeding it shall not be necessary to show that any person is individually injured by the act or acts complained of. No injunction, either temporary or permanent, shall be granted until after final trial and final judgment on the merits of the case, nor until after a hearing is had on the petition. If on the trial it is shown that the respondent has been unlawfully practicing the healing art the court shall perpetually enjoin him from so practicing or continuing to practice, unless and until he has been duly licensed so to do. Procedure in such cases shall be the same as in any other injunction suit, as nearly as may be. The remedy by injunction given hereby is in addition to criminal prosecution and punishment based thereon, and not in lieu thereof. Such cases shall be advanced for trial on the docket of the trial court, and shall be advanced and tried in the appellate court, in the same manner and under the same law and regulations as apply to other suits for injunction.

SEC. 42. The provisions of this Act forbidding the practice of the healing art without a license shall not apply (a) to commissioned surgeons of the United States Army, Navy, or Public Health Service, or to medical officers in any other branch of the Federal Government whatsoever, in the discharge of their official duties; nor (b) to practitioners of the healing art duly licensed to practice their respective callings in States or Territories, or in jurisdictions under the control of the Federal Government, or in foreign countries, and actually called from such States, Territories, jurisdictions, or countries, in consultation, to visit specified patients in the District of Columbia or to give demonstrations or clinics under the auspices and for the members of an incorporated organization made up of licensed practitioners of the healing art in the District of Columbia; nor (c) to practitioners licensed to practice their respective callings in States and Territories, and in other jurisdictions forming a part of the United States, or in foreign countries, and cailed from such States, Territories, jurisdictions, or countries to visit, on their own behalf and not in consultation, specified patients in the District of Columbia: Provided, That all practitioners claiming exemption under the provisions of this section, except those called into the District of Columbia on consultations only, shall file with the commission, in such manner as the commission may prescribe, evidence of their right to such exemption. Upon proof of that right, to the satisfaction of the commission, the commission shall enter the name of the applicant in a register kept for that purpose and shall issue to the applicant a certificate in evidence of such registration.

SEC. 43. The provisions of this Act shall not be construed to apply to (a) the treatment of any case of actual emergency; or (b) to the practice of massage, or dietetics, or the use of hygienic measures, for the relief of disease or to the practice of any other form of physiotherapy for the relief of disease, or to the practice of X-ray or laboratory technicians, under the direction of a person licensed to practice the healing art in the District of Columbia: Provided, That clinical and radiographic laboratories in operation and practitioners of clystertory treatment, within the District of Columbia January 1, 1928, may continue to so operate under the provisions of this Act; or (c) to the use of ordinary hygienic, dietetic, or domestic remedies: Provided, That such use is not in violation of the provisions of sections 1 and 2 of this Act; or (d) to persons treating human ailments by prayer or spiritual means, as an exercise or enjoyment of religious freedom: Provided, That the laws, rules, and regulations relating to communicable diseases and sanitary matters are not violated; or (e) to the sale, manufacture, or advertising of drugs and medicines: Provided, That the vendor, maker, or advertiser, refrains from any attempt to diagnose: Provided, That it shall not be necessary to negative any of the aforesaid exemptions in any prosecution brought under this Act, but the burden of proof of any such exemption shall be on the defendant. SEC. 44. All money payable under the provisions of this Act shall be paid to the collector of taxes of the District of Columbia and be by him deposited as a special fund to the credit of the commission. The commission shall pay from such fund all of the expenses of carrying this Act into effect. Payments by the commission shall be made by check, signed by the president and treasurer of the commission. Members of the several examining boards and all officers and employees of the commission shall be paid at such rates as the commission deems proper.

SEC. 45. As soon as practicable after the approval of this Act the Board of Medical Supervisors of the District of Columbia, the Board of Medical Examiners of said District, the Board of Homeopathic Medical Examiners, and the Board of Electric Medical Examiners shall deliver to the Commission on Licensure to Practice the Healing Art in the District of Columbia all records and property in their possession, respectively. The Board of Medical Supervisors of the District of Columbia shall transfer to said commission all money remaining to the credit of said board after the payment in full of all outstanding obligations against it; and the money so transferred may be used by the commission to defray the expenses of carrying this Act into effect in the same manner as other money coming into the custody of the commission is used for that purpose.

SEC. 46. It shall be the duty of the Commissioners of the District of Columbia and of the major and superintendent of police of said District to enforce the provisions of this Act. Criminal prosecution shall be conducted by the United States district attorney for the District of Columbia. Proceedings looking toward the suspension or revocation of licenses or registration and toward the issue of injunctions, under the provisions of this Act, shall be conducted by said United States district attorney when instituted on behalf of the commission, and by the corporation counsel for the District of Columbia when instituted on behalf of the

commissioners of said District or by the major and superintendent of police of said District.

SEC. 47. The commission shall report annually to Congress, on the first Monday in December, its proceedings under the provisions of this Act during the next preceding fiscal year, with recommendations for such further legislation as may be necessary to protect the people of the District of Columbia from ignorance and quackery in the practice of the healing art in said District.

SEC. 48. This Act may be cited as the "Healing Arts Practice Act, District of Columbia, 1928."

SEC. 49. Matters pending before the Board of Medical Supervisors of the District of Columbia at the time of the approval of this Act shall be disposed of by the commission in accordance with the provisions of this Act, unless in the judgment of the commission it would be unjust or oppressive so to do; any matter, which in the judgment of the commission, it would be unjust or oppressive so to dispose of, may be disposed of by the commission, insofar as may be practicable, in accordance with the provisions of the law in force when the matter first came before the Board of Medical Supervisors. Criminal prosecutions may be instituted and, if instituted at the time of the approval of this Act, may be continued, and penalties may be imposed, under the provisions of the law in force at the time of the alleged offense, notwithstanding the passage of this Act. Except as provided above, all laws contrary to this Act or inconsistent therewith are hereby repealed.

80TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT
No. 1582

PROVIDING THAT CHILDREN BE COMMITTED TO THE BOARD OF
PUBLIC WELFARE IN LIEU OF BEING COMMITTED TO THE NA-
TIONAL TRAINING SCHOOL FOR GIRLS

MARCH 19, 1948.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

Mr. MILLER of Nebraska, from the Committee on the District of
Columbia, submitted the following

REPORT

[To accompany H. R. 5227]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 5227) to provide that children be committed to the Board of Public Welfare in lieu of being committed to the National Training School for Girls; that the property and personnel of the National Training School for Girls be available for the care of children committed to or accepted by the Board of Public Welfare, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the bill is to provide that children be committed to the Board of Public Welfare in lieu of being committed to the National Training School for Girls; and that the property and personnel of the National Training School for Girls be available for the care of children committed to or accepted by the Board of Public Welfare.

The transmitting letter from the District of Columbia Commissioners and a favorable report from the juvenile court is made a part of this record.

GOVERNMENT OF THE DISTRICT OF COLUMBIA,
Washington, D. C., January 27, 1948.

Hon. JOSEPH W. MARTIN,
Speaker, House of Representatives, Washington, D. C.

MY DEAR MR. MARTIN: The Commissioners of the District of Columbia have the honor to submit herewith a draft of a bill entitled "A bill to provide that children be committed to the Board of Public Welfare in lieu of being committed to the National Training School for Girls; that the property and personnel of the National Training School for Girls be available for the care of children committed to or accepted by the Board of Public Welfare, and for other purposes,' which they request be introduced and enacted at an early date.

Under the proposed legislation delinquent children (Negro girls) would be committed to the Board of Public Welfare instead of the National Training School for Girls; also the physical resources of the Training School would be made available to the Board for the care and training of Negro girls committed to it or under its care, without reference to the type of commitment or the period for which commitments are made.

The National Training School for Girls was incorporated by act of Congress on July 9, 1888, under the name of the Reform School for Girls. Its first building was opened November 6, 1893, on a 19-acre farm at the corner of what is now MacArthur Boulevard and Loughboro Road. Additional buildings were built as the number of girls under care at the school increased from an original 29 to a peak of 119 in 1928. The population, as of the beginning of December 1947 had decreased to 22.

Until 1941, both white and Negro girls were admitted to this school, but the number of white girls was never more than a small fraction of the number of Negro girls. Since 1941 the school has been limited to Negro girls. The few delinquent white girls who need a training-school type of care have been placed by the Board in private institutions under contract.

The number of Negro girls committed to the National Training School for Girls has been decreasing in recent years. Commitments to the school were 35 in the fiscal year 1943; 17 in the fiscal year 1946; and 17 in the fiscal year 1947. Only two girls have been committed since February 1947. As a result, while there were 42 girls in the institution in December 1946, there were 22 there in December 1947, and at least 15 of these will be ready for parole by January 31, 1948.

Commitment to the National Training School for Girls must be until age 21. On the other hand, the court may commit children direct to the Board of Public Welfare for any time up to the age of 21. The number of commitments to the National Training School for Girls is, therefore, dependent upon the number of Negro girls whose offenses are serious enough, and whose need is sufficient, to justify long-time custody in such an institution. The reduction in number of commitments indicates that the number of such girls has lessened to the point where either the institution should be closed or its program changed to one for which there is a greater need.

The need exists for an institution of the industrial home school type for adolescent Negro girls. The Board of Public Welfare has two such schools, one on Wisconsin Avenue for white boys and girls, and one at Blue Plains for Negro boys, but none for Negro girls. These home schools are operated by the Board of Public Welfare without limitation as to type of commitment or length of stay. The Board may place any white child or Negro boy in its care in one of these home schools for as long as he needs, and can benefit by, the school's program. The Board, in its discretion, may then take the child from the home school and place him in a foster home, or return him to his own home, or help him establish himself as self-supporting and independent, if he is old enough and ready for independence; or it may return him to the home school after placement, if he is found to need further care in the school.

There is urgent need for an institution of the industrial home school type for Negro girls so as to make available for them the type of care and training which the two industrial home schools are providing so successfully for white children and Negro boys. The legislation here proposed will make the resources of the National Training School for Girls available to the Board of Public Welfare for that purpose.

The proposed draft of bill was submitted to the Bureau of the Budget and returned to the Commissioners with the advice that there is no objection on the part of that office to the presentation of the bill to Congress.

Respectfully,

JOHN RUSSELL YOUNG, President, Board of Commissioners, D. C.