New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-29

OFFICE OF ArrRNEY GENERAL,
New Orleans, June 23 lsC7.
DR.. S. A. Smith President of the Board of Health:
Slr-l received your communication of
the 26th instant. In reply to the questions
therein propounded for my opinion, beg
to cay:
Under section six of the statute establish
ing quarantine, the board of health has
power to remove, or cause to be removed,
any substance which it may deem detri-
mental to the health of the city of New
Orleans, and the commissioners of streets
must execute the orders of the board
of health, relative to such removal, when
ever the same are not in conflict with the
ordinances of the city or the laws of the
state. The board, under the same section,
is fully empowered to issue warrants to any
constable, police officer, or sheriff in the
state to apprehend and remove such person
or persons as cannot otherwise be subjected
to the provisions of the quarantine act, or
| who shall have violated the same. Finally
the board of health, whenever it shall be
necessary to do SO, may issue its warrant to
the sheriff of the city or parish where any
vessel may be, having violated the pro-
visions of the statute, commanding him to
remove said vessel to the quarantine
ground, and to arrest the officers Of such
vessel.
The board of health, under section six, has
power to issue its order or warrant for no
other purpose and under no other cirCum-
| stances than those hereinahove particularly
| set FORTH unless additional authority be
conferred upon the board by sanitary or
dinance for the city, approved by the coun.
| ell, and published as a city ordinance, and
| then only to the extent of the authority
| therein impaired.
| Second. The board of health, after the
| passage of health ordinance and its appro.
| val and publication as a city ordinance, still
| possesses the power to grant orders for the
| removal OF unhealthy substances, and, il
| vessels, to the extent herein above set forth
This power on the part of the board to caus'
such removals is in no way affected by thu
adoption of a city sanitary ordinance, AM
exists whether there is or there is not sucl
ordinance.
Third. Should the street commissioner
| sheriff, constable, or police officer refuse Il
obey the order or warrant for removal EN-
anating from the board of health he will bt
guilty of dereliction of duty, and be liable
to be punished accordingly.
| Moreover, writ of mandamus can be oh
tanned from tribunal of competent juris
diction requiring the officer in fault to per
| form the duty eXacted of him,
Fourth. The board Of health, under sec
ton six, is fully authorized to employ OFF
GERS in addition to those appointed unde
the quarantine statute, and to define tn
duties of such additional officers, an
through the power thus conferred, hcalt
! officers instituted by the city ordnance ma
be recognized as officers of the board {
health, and clothed with authority to issu
such warrants as the board itself may hav
the power to grant. Unless the health office
| instituted by the city ordinance become a
officer of the board of health, the power
issue warrants cannot be conferred upo
him.
have the honor to be, very respectfully
your obedient servant,
B. l.. LYNCH,
Attorney General.