National Republican., 1873-12-12
JURISDICTION OF STREETS.
BoIRD OF HEALrH AND BOARD OF
PUBLIC WORRs.

PUBLIC WORKS.
RECORps, LETTERS skNpUPiSioSs HUNTED
tr-wHO HAS Cii ARGE OF HIG1wASsA AND
EiWAis-THE LAW AND FACTS IN THE
MATTER.
Al the last regular meeting Of the Board Of
Health II will he remembered that q letter was
read from the Board OF Public Works in regard
to the opening Of Streets SC, which, at the time,
provoked a sharp discussion among the members,
caused the Introduction Of rather an indignant
resolution by DR.. Verdi, and was finally settled
by directing DR.. Bliss, the secretary, to communi.
cate TO the Board of Public Works the views Of
lingly undertook the task, and as a result OF his
lNboIs the following was forwarded yesterday.
AZ this is matter IN which all citizens are inter.
OFricE BOARD or HEALTH
HYno,gs Scsra y iPsSlsS O. wof H'y bi'rct Il i u o.
GsSTLENrx, The Board Of Health ackuovi.
edges tho receipt Of your communication Of tho
9th instant Informing us that "by the organic act
the Board Of Public Works is given entire control
Columtsa, and In the exercise Of this control the
Board Of Public Works docs not deem 4 proper
to have any OF tho streets, avenues or alleys In
tericred with or opened Tor the purpose OF drain.
Ing lots or houses without written permission from
~ and notifying this board not 20 make any
openings In the streets or alleys without hrst OBJ
talnlng permit, In writing from your Office"
The Board Of Health was aware Of this proyi-
attemp,sd to % nteTtere I ' Win the ySwers w or prS.
negatives OF the Board Of Public Works In the
prcmlses or 10 open any street avenue alley or
sewer, Tor the purpose UT draining any house or
lot. or for any other purpose.
In the exercise oi IL authority the Board Of
Health has lrom time to time notlhed the owner:
nm act OF the Legislative Assembly, entitled An
act In relation to draining certain lots,' and for
the purpose OF nbating what had been declared by
this board to be nuisance injurious to health, In
section IS of the code OF health. tPrintcd form of
notice invariably served in all such cases herewith
Under date Of October 81. ls7s, the health on.
Ger addressed communication to Mr., Henry I.
truit, plumber, requesting him to make certain
sewer connections at premises where the parties
hai failed to comply with the law, alter notice
duly served by order Of this board, IN which com.
munlcation it IA expressly stated that tho WORK
must be done TO the satisfaction oi the Board Ct
Public Works, and Of course In accordance with
" ,aes aud tSsaia'lons IS IS regards ses GPsnnS NJ
Cruit has applied for and received the necessary
permit" before commencing the work.
Under date Of November u, 1873, tho health
ofhcer addressed n communication TO your hon;
CRADLE board Informing you that Mr. Crult had
and % assinS your y eoope~,iSn @ IL The enforcement
Of the law to the end that the work might be
done 70 your satisfaction. Under date oi July Il,
Coz, addressed communicated to the honorable
Board Of Public Works, enclosing copy Of the
pears; I'VE have the honor 10 ask that upon our
toni the cases comprehenjsd BY the above laws,
you, In each case, execute the law by making the
required sewer connections" In reply to this
communication the following was received;
nGAnp OF PUBLIC WORKS.
DISTINCT or SoLuMnIA,
N. - = 49,, pi.; pWASisi;NppIoS; pd9. ~ gpiE "; I'S
SIR: In reply TO your Communication Of the 18th
Inst, quoting certain ordinances passed by the
Legislature IN reference to the dtainage o. ots Sy
property so conditioned fail to give proper nteh-
tlon, SC, em directed by the board to state that
they will checriuly make such drainage as may
be necessary for the proper enforcement Of the
law Whenever your honorable board make appli-
Very respectfully, CHARLES S. JouSsoS,
Under date Of July %, August !, 8 and Is, re.
spestlyely, this department requested your non.
In accordance with the foregoing agreement, in
response to which the following was RECEIVED:
August -, 1873.
Honorable Bodrrl " RschA;
GENTLEMEN; am directed to say in reply 70
communications, dated July 2s, August l.. and
Is, respectively, from y"mr honorable board, call
ing the attention Of the Board ofPublic Works to
certain nuisanees therein specified, and reluc.-
ing abatement Of the same by the Board Of Public
Works, that by the organic act II Ia made the
duty Of the Board Of Health not only to declare
what shall constitute nuisance injurious to
health, hut Il also makes Il the duty Of said
henrd to aoate ihe same; aha ,HrtNs ~ nh JmI
board Of Public Works IL unwilling to assumo the
responsibility Of doing that which u expressly
defined to be the duty Of a eo-orGi7Gie branch Cf
ht Disirief GorsrEm6Ht
enclose two opinions Of Col. VIM. 4. Cook. nt.
lorncy for the board, bearing upon this ssfJcc;
Tor Your information.
Very respectfully,
CHAELEs $. JOHNSON,
Assistant Secretary.
The two opinions above referred TO are dated
June and Angus. !, ,n.. ie: respes'!yslN In 60
The Board of Health and board Cf pa6ls
Works both created by the act Of C9nEtsss 81
February a. ISL but as respects their uuues ANl
powers are independent OF each other"
Amer quoting from the opioniop Of Hon. Clement
States. approved by b. II. Bristow, Acting Attor-
| ncy General at the time, he states:
"ltthis opinion ofthe Department Of Justice be
| correct the Board Of Health can abate nusanccs
| by Its own proceedings, or In modes which Il may
| designate or provide, without connecting In any
marneL. the Board Of Public Works with Its
| action"
In his opinion Of Angus, 10 he states as follows
| "Rcicrrlng TO the communicating OF Dr 7. T.
Keanc requesting the Board Of Pnblic Works TO
drain, sc, certain lots declared to be nuisances
by the board of Health, inelose copy Of an opn-
ion furnished you on the 9TH q June, 1873
| In that opinion, relating directly 10 removal OF
with ici., alleys lie ChssnpeGko, and Ohio canal
nnccs by tHc Bcari Of Health. Ii possesses in il.
sclfthe right Of Lemoyal or abatcInent, and can
| lot require the Board 81 Public Works to act as
'Tlle organic act has invested each Of these
bodies WITH Important and distinctive powers, and
the distinctions uf the act should be practically
maintained. While harmony OF action should ex.
Isl between the two, the one should not be eeuyp
other The act of the Ltl;s,Rtve Assembly q
August q. ISL, ClTrier LIN, referred TO in the
| communication Of DR.. kccne, seems to be miscon-
s,rued. 1t expressly directs the Board Of Health
90 cause the premises TO be drained, and connects
the Board ofPutllc Works with the draining only
to tho extent that II should be done to its satlsfac
| tIun-wOr,ls which Of themselves obviously imply
that the drainage IL not TO be done by IT, lcannot,
there fore recommend that You, in any Of the
referred to me- carry ont the request Of the Hoard
Of Health. II you did go, Il would be diticult; II
net impossible for ne TO yindieatc you in the
cOur:s. hut the Board Of Health can be sustained
| In the abatement Of nusanecs outside Of the ave
nucs, streets and alleys, when you could not he;
AMI II shoulG Uc, bpt IN Ns own anu inhepehucht
action.
specially yours, WV. .Cook,
Attorney, u, o."
| Tho Board Of Health. In carrying out the re-
guircmeuts cf the law Of August q, 1871, motif.
the owners uf lots bordering on puhlic or prlvat,
sewers to makc the necessary connections there
with, subject always to the regulations OF th'
Board Of Public Works, which is distinctly staiet
In the text Of the law and printed entire upon t'
iaco CC the ofcial notice einanatlng from this dc
The BOARD Of Health Is not responsible for III,
acts OF private parties committed In contempt o
any order or regulation u the Board Of Public
WORKS,
BY orGcr Of the board. d. W. RLIss,
Secretary.
RARE OLD BOOK SHOP.
One or the uualntCst things in Philadelphia II
PcrlngtCE's Book shop. II South Seventh street
whoro the most curious books in all languages
are always to bc found. Mr. =. belongs to one 0