Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-18
MEMPHIS APPEAL
FRIDAY, :: FEBRUARY IS, 1876.
OF HEALTH

POWERS OFTHE BOARD OF HEALTH
The devil got sick, the devil monk would be;
The devil got well, the devil monk was ne.
We are not sick, therefore, we no
longer live in dread of epidemics.
Lulled to a sense Of security because we
have not had smallpox, cholera or vel.
low-fever to work their will since the
fearful vlsitatioDs Of 1873, few Of our
citizsns, whose intelligence should
lift them above such obtuseness, ignor-
ance or faulty, are disposed not merely
to csvil and fiud fault with the board Of
health for the energy with which that
body is prosecuting its duties, but to offer
distractions and delays, and so Tetsrd
or wholly defeat the ends for which the
board was established. This is wrong in
spirit as it is in fac. 1t is narrowing
the interest aud purposes Of the munich
pslity to Individual whim and
caprice. Nay, it is worss-it is defy
ing the Law and setting an
example for the viciously inclined that
they will not be slow to follow. The
board of health, compose Of gentlemen
OF experience, proceed upon the plan
tina. an ounce OF prevention is better
than pound Of cure, and is not attend
ed with the risks of the caring process.
They believe in removing the fifth and
offsl which sccumulstes so fast as al
most to defy daily efforts to dispose OF,
and they have given strict and stringent
orders 70. that effect, setting, themselves,
a good example by cleansing the streets
and alleys. But, as we have said, there
are those who deny their power to effect
this good purpose beyond the limits OF
the highways. These worthless even go
so far as to say that the health officer can
not only not invade their cellars and
lack yards, but that he cannot order OBJ
structions from the sidewalks, and they
propose to become veritable obstruction
lists and invoke the aid Of the
courts, the technicaiLies Of law and the
power OF officials to sustain them.
Without'more III lnipausing 10 condemn,
in unstinted measure, conduct 50 selfish
and so utterly at variance with the duty
that one citizen owes to snothe', neither
to infringe upon public rights nor set
himself up in opposition to the general
veal, we quote, for the especial benefit Of
this class, the following sections of the
ordinance creating the board Of health,
an ordinance drawn up with care, and
which, it will be seen, confers upon the
health officer aud his co2djutoTs, the
authority and po,Cer to enforce every
regulation, which, in their judgment,
may be necessary to maintain The public
heath:
Sc stion 2. Thst, in order to preserve
the heslth of this city, the board of
health is hereby invested with full power
and authority to m AXE any and all rules,
and orders necessary to pre-
serve the health of the city, and to cup
press and check the progress Of diseases
OF all kinds; and, TO enable them to
execute and carry out fully the provi-
sions Of this section, the chairman, or
any member of said board in the sb.
sence Of the chairman, shall have full
power and authority to order and direct
the chief of police, and the police force
of the city, 10 remove any nuisance, or
execute any order of the board of health,
within the limits Of the city, and all
members of the police force are hereby
required TO obey such orders, and fall
ure to obey such orders shall be deemed
a misdemeanor, and punished as ether
misdemesnors, and TO require all UNDER
takers aid other persons 10 furnish SUCH
information at such time and IN such
form as the board of health may require,
ard the failure on the part Of any under
tAkeF or other person to comply with
such order shall subject the offender TO
fine Of fifty dollars for each offense.
Section 8. That any Ierson who shall
violate any rule or regulation made by
the board Of health for the prevention or
suppression of disease, or shall refuse or
neglect to obey such rules or regulations,
shall be deemed guilty Of misde mean
or, and upon conviction before the re-
corder shall be fined in a sum not to ex-
coed fifty dollars
This covers the whole ground raised
by those who objec. to the energetic
conduct of the board OF health. But for
fear they may be as ignorant ia regard
u the ordinances of the city touching
nuissnees and misdemesnors as they
sesm OF pretend 10 be Ia regard to the
scope Of the powers OF the board Of
health, we also quote for their benefit
section 6, OF article 4, OF the ordinances,
Bridgcs's Digest, 1878, as follows, show
ing that sidewalks are not to be OBJ
s;ructed, aud that merchants, except
when receiving or forwarding goods,
hsve no right to trench upon and use
the public streets and alleys for business
pu-pgses-thst II they have more goods
than their stores or warehouses will con-
tain they should rent Others. Here it is:
6. To OF struct the streets or sidewalks
with boxes, barIe's, or any other thing,
except when receiving or forwarding
goods, wares or merchandise, and thea
only for reasonable time, and except.
ibg cotton bales, which msy be so placed
as no. to Distract the flow of water In
tie cutters, and not TO interfere with the
psFsWsy to or from any residence or
business house, and not 70 occupy more
than eight feet OF front from the outside
Of the pavement or passway, and not to
he placed on any pavement or fcotwsy,
or obstruct any crossing or fOotTsy; pro-
vided, that if any person feels aggrieved
by tia placing OF such cotton on the
streets as aforesaid, and shall call upon
any policeman to notify the owner 10 re-
move the same, and II such cotton is not
removed within twenty-fJur hours after
such potice, theA tie owner thereof
shall be subject TO the penalties for OBJ
strJciing streets.
We trust it will not be necessary to say
any more upon this subject. The board
Of health has not only the law, but pub
lie opinion on its side. With the men,
oily before them OF the three thousand