The daily gazette., 1877-07-17
THE HEALTH GUARDIANS
REGULAR MEETING, LAST EVENING
A TROUBLESOME SMOKE STACK

A'NNcA<An &EhAlNo LA5Ii EtENlNd-
A TROUBLESOME SMOKE STACK
REPORTS ETC. t-7v- '.lis
The Board Of Health held its regular
semi monthly meeting last evening,
President Roberts In the chair.
The Seventh Ward Committee, re-
ported that the nuisance al Wawaset
and Adams streets, had been referred
oy we Secretary to the street Com
missioner. ,.. '''' '''. '.'.F =
The Tenth Ward Committee re-
ported that the nuisance in the alley
on Chestnut stree had been abated.
The report was accepted. .-
The Committee on Impurities In thief
brandywIne water, had no report to
make.
The Committee on Contract and
Licenses, presented the following
communication from the City Solicitor
In reference TO the penalty for cleans
| ing cesspools:
To THE BOARD OF HEALTH:
| Ny opinion is asked whether the Board
OF Health has power to pass and enforce the
paragraph or section 8 of regulations pass
| ed June 4, 1877 imposing fine OF $50, u pom
any owner or tenant OF any property, who
shall have any cesspool or privy well
cleaned in violation OF these rules
The Board of Health, has all the powers
and authority that could be exercised Dy
the City Council Itself, in enforcing the laws
and ordinances Of the city having reference
| TO the health and cleanliness of the city j
do not think 1t has any legislative power
Is not a corporation but simply depart.
ment OF tho city government clothed with
power TO adopt such regulations and m cas-
| ures as will enable IL to enforce the health
! OF the city. Being but the creature OF the
City Council which is the legislative body
OF the city and having no permanent char
acter or legislative power, 1t cannot in my
judgment exercise the right to impos new
hnes or penalties, powers which belong on
| ly TO the legislative body, and therefore al
| regulations defining nuisances, and i'm pos
ing fines or penalties therefore should be by
resolutions or ordinances of the City COun
| Gil. AS there has been no adjudication by
the Superior Court, uponany appeal there
/ TO, defining the powers of the Board o
| Health, under the charter and ordinance
of the city. think that course the onl,
8. A. MACALLIsTER,
City Solicitor,
On motion of Mr.. Mullen the mat
ter was referred to the Committee oil
Contracts and Licenses, to confer will
City Council, and endeavor to hav.
an ordinance passed making the penal
| W WV loh q NAOibbhcu VI VIC AutCS an
regulation. 30
Mr.. Mullen presented communica
tion from Elisha Barton and 9TH er
complaining of the smoke stack, a
Quinby & Co.'S saw mill corner o
Front and Msdison streets. 90 motto
: of Mr.. Simmons il was referred to th
committee of the ward, with power t.
act. .i.rl..
P. G. Plunkett q Co., complained @
q nuisance at No. 205 West Frontstret
in shape of water in the cellar. Re
ferred to committee of the ward.
Mr.. Burke stated that the Executiv
Officer Of the Western District, ha
, informed him that the cellars of tn
j houses at 1O21-23 West Front street CO.
tained water, and be would like
know what to do in the matter. u
motion the matter was referred to th
committee of that ward with power I
abate the nuisance. f uI NluI
The following orders were directe
to be drawn: Geo. W. Vernon s. Sol
: : $5 ; Allen Ruth, $5l.20 w. F. Gille
pie, $2l.63. ......-..
!, On motion adjourned.