The New York herald., 1850-04-25
The Public Hs<h-The New Act Relative
"A M Thereto.

1Ae Public He<h-The New Act Relative
'f ~ Thereto.
An act relative TO the public health in the city of
New York, was passed by the State Legislature
on the 10th of April, and copy Of it lies be-
fore us. When the draft of this act was brought
. before the Common Council, we gave a brief alb
stract Of its provisions but the bill has undergone
'eeveral notifications in its passage through the
Assembly and Senate, and we now, therefore, sub
Join resume Of what the law actually is. 1t is an
act relating to highly important subject, and its
provisions are of the most arbitrary kind, placing
enormous power in the hands of few individuals,
which they may abuse or perver without the
possibility of being brought to account There
is no appeal from their decisions. In times
OF plague and pestilence, certain degree OF
depotic power is necessary; but in free coun-
try remedy ought to be left to the aggrieved, in
case of wanton injury or unnecessary interference
with the liberty Of the subject We fear that this
law, like every other characterized by extreme
verify, will fall into desuetude and become dead
letter, or be only put into operation by fits and
starts and against obnoxious individuals, while ia
vorites will be allowed to escape with impunity
There reason apprehend will not be applied uni
fomly, and that it will, therefore, fail in the great
The Common Council, contrary to the intention of
the charter, have taken good to get themselves
made omnipotent by this act; while the City In
EpectoF is mere cipher, who has no power or dis
cretion of his own, but must wait upon the bidding
of the Common Council for every act he does. The
health laws previously in existence, gave the Com
mon Council the power of appointing the board Of
health, and they invariably appointed themselves.
he litv If fhau on uhra1
and hence they inserted clause in the act, di-
recty constituting the Mayor and Common Council
1he board of health, while they have made provi-
sion TO exclude the press, that thus the public
odium may not be able to fasten upon individual
delinquency; and each member may very conve-
Nently shift the responsibility from his own shoul-
ders to corporation, of which he is only unit, and
whose acts he cannot control. What the trainers
of the act ought to have done, and would have
donc if the public welfare was their object, was to
have nominated the heads of the medical profess
sion, who understand the laws of the human frame,
health and sickness, and the causes which generate
disease. What do the Common Council know about
these things! The very language of the act they
have drawn up betrays their deplorable ignorance of
the subject. According to the provisions of the
second title, all vessels having board cases of
s'con,agious disease must be subject to quarantine.
Now, what is I" contagious" disease 7 The itch
is one !; and there are two other diseases, of
an infamous character, resulting from vice, which
are contagious and communicated by contact alone.
Ought ships to be put under quarantine for cases of
this description? If so, then there are some thou
sands Of houses and persons in this city who ought
to be subjected to similar regulations prevent the
spreading Of "the contagion." AS another in
stance of The bungling way in which this act is
framed, We may refer to page I'd, in which we find
that " il is the duty of the Mayor and the Commis-
soners of Health, to render their advice to the Board
of Health and to the City Inspector" Now, who
are the Commissioners of Heath9 Why, the Pre-
sident of,he Board of Aldermen, the President of
the Board of Assistant Aldermen, and the City In
spector, &c, while the Mayor is the President Of
the Board of Health and the presidents of the two
boards of the Common.C Council are members. The
meaning THE section is, therefore, that the Mayor
and the presidents of the two boards, and the City
Inspector, shall render advice to themselves!
All former health laws are repealed by this act,
which goes into operation Immediately. II is
divided into three ttles-the first relates to the
stitution ofte Board of Health the legislative and
executive powers provided for carrying out the
stringent regulations of the bill the second emu.
merstes the quarantine regulations, and the third
the internal regulations for the public health OF the
city of New York. The following is a summary of
the provisions under each Of the three titles t.
JrIIE I.-or TIE OFFICERS THE PUBLIC uEsLrN
IN TIE CITY or NEW YORK.
The Mayor aud Common Council. when acting In
relation 70 the public health, shall be known the
10 be President The sessions, except when otherwise
ordered. to he with closed doors.
The President of the BOARD of Aldermen. the Pre-
of ha of
Officer. the Resident Physician. the Health Commis-
sioner and City Inspector, shall be the Commissioners
1t shail he the duty Of the Mavor and the Commis-
eoncr- of Health TO render their advice to the Board
OF Health and to the City Inspector Of said city In
regard TO all matters connected with the public
health thereof
The Mayor and tho Commissioners Of Health to
meet daily, at the ofce Of the Board of Health dur
ing such part Of the year and at such hours of the
day as said Board shall designate,
The Resident Physician TO receive S1 $50 per annum
10 bc paid by the Corporation and the Health Com.
missioner annual salary Of $500. In lieu Of fees
snd per ccntege, TO be paid by the Commissioners Of
Emigration and after the expiration Of the term Of
once Of the present Health Commissioner and Re-
sden Ph yscian said officers TO he hereafter appointed
by the Mayor. with the advice and consent Of the
board Of Aldermen
The Board Of Health may from time to time appoint
% many visiting hospital and ulting physicians
they may deem necessary designate their duties and
The Mayor by aud with the advice and consent Of
The Board Of Aldermen may appoint an Inspector Of
ve.scs, who shall under the direction Of the Mayor
Health perform the duties required Of him In this Act
and fsll bc entitled to receive the following fees For
each cargo inspected by him under such direction ST.
each vessel ceanscd and purified by him undor the
like direction IS which fees shall be paid by the
owner or consguce Of the cargo or vessel
TTuE n. or QuAR,STINE, AND REGULATIONS N TIE
NATURE OF QUARANTINE.
The snchorsge ground for vessels at Quarantine to
be where u. aud 10 b. designstcd by buoys All
vessel. from any place where pe.entis contsgous or
infctious diseases existed At the time Of their depar-
fure arriving between the 3st of May aud st Of octo
her 10 remain at Quarantine for % days after their
arrival and for such further time the Mayor aud
Commissioncrs Of Health may prescribe The Mayor
may issue his proclamation. declaring place where
there shall be TO believe pestlentia conts-
cious Infectious disease actually exists, to be
tnfected place within the meaning of the health law
The Board of Health may prohibit or regulate the
futernal intercourse, by land water between the
city Of New York and such infected place. Persons
refusing ncglcctng TO obey to b. liable to fine and
imprisonment, in the discretion Of the court.
The Board Of Health, or the Mayor and the Comms
sonrrs Of Health may order weasel at the wharvcs
NJ ha cttx In heir yfc