The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-19
BOARD OF HEALTH.

BOARD OF HEALTH.
Met pursuant to adjournment. Present: DR..
Chopin, President; DR.. Austin, DR.. Jones, Col.
Hsrdie, Mr.. Mott and Mr.. Boyd.
Secretary Taylor read the minutes Of the pre-
ceding meeting. Mr.. Mott objected to their
approval, on the ground that they were incom-
plete, inasmuch as they did not contain the pro-
ceedings Of the executive session, and he moved
that they lie over till the next meeting, which
motion prevailed.
The Secretary then read the following opinion
of the attorneys of the board with reference to
the additional charges, over and above the fixed
charge Of five dollars, imposed on vessels for
each sick person landed st the Quarantine Station
| New ORLEANS, October 18, 1877.
DIR. B. F. Taylor, Secretary of the Board Of
| Health:
| Dear Sir-Your favor received and contents
considered respecting the construction of article
six OF certain rules and regulations adopted by
toe Board of Health in 1866. This rule applies
| to the internal arrangements OF the hospital at
the Quarantine, and TO the duties OF the steward,
and not the resident physician, as Is stated in
your communication.
| These are matters of internal arrangements
which the Board of Health certainly COZ trolls and
| they have right to make rules and regulations,
Legislature, 80 long as said rules and regulations
| dc not conflict with the laws OF the State.
Rules and regulations passed by the Board OF
Health are not laws, and where they conflict with
| laws they are OF no force and effect. The Board
of Health can regulate their hospital charges at
their discretion in our opinion, but the law fixes
beyond all questions the amount that can be ex-
| acted from ressels, their captains aud o,oners.
| That amount is fixed by statue at IS for every
| sick person landed, which money shall be appro-
priated to hospital expenses. II this sum should
not be adequate In each instance to meet the ex-
penses incurred In the case OF, and attention to,
sick persons, IL seems to us competent for the
Board Of Health to make such requisite and
charges as to sick persons detained at the quar-
antine ststion, as would be equitable and proper,
but the vessels, captains or owners cannot be
made TO pay moro than IS for each and every per-
son landed. Verv respectfully,
KENNEDY AUSTIN, Attorneys.
II being unlawful 10 the opinion OF the attor-
neys. to assess upon vessels other cha in
excess Of the IS prescribed by law for the Of
the sick, Mr.. Mott renewed the following resoiu-
ton offered at the last meeting;
Whereas, the following vessels were charged
at Quarantine Station as follows: Bark Harold
Sl45, bark Maria Carolina $40, steamship Care.
lima $50, steamship Margaret s55, and steamships
Grscia s73, while under section 3043 Of the Re-
vised Statutes, said charges should have been as
follows: Bark Harold s45 instead OF $145, bark
Maria Carolina $35, steamship Carolina $50,
steamship Margaret $55, and steamship Gracis
$50.
Reso1oea, That the secretary of the board be
directed to refund to the said vessels the over
charge above mentioned, and to call the atten-
tion OF the resident physician to the provision of
the said section OF the Revised Statntes.
The resolution was adopted and the restitution
OF the excess collected ordered.
President Chopin announced that he had
granted, with the approval of the City Council,
upon the parties complying with the require
ments of the law, license to another sanitary
and excavating company, which makes the fourth
now in operation.
Mr.. Mott then read q letter addressed to the
board by Mr.. Hernandez, agent Of the steamer
Margaret, complaining Of her unnecessary deten-
ton at the Quarantine Station, and alleging that
there was not case OF yellow fever on board, as
charged. He stated that this man had escaped
from the Quarantine, and on arrival in this city
had been brought to the president Of the board
in the presence Of two members, and that he Was
not then 30 affected. He stated also that in conse
quence of the arbitrary detention OF his vessels
he hsd lost q valuable mail contract.
DR.. Finney, resident physician at the Quarantine
Station. being present in obedience to the sum-
mons Of the board, was asked about the case and
replied, THAT there WAS most certainly case Of
president declared that DIR. Finney's statement
must be accepted, and that he was vested with
discretion that must be respected and sustained.
DR.. Finney, with the permission OF the board, |
asked If it was obligatory on him, under the law
and the Governors proclamation, to detain all
vessels arriving from infected ports the full term
of ten days.
The president said that such were not his in |
structions; that he was vested with certain |
discretion. and was osly required to satisfy him |
self that vessels were properly disinfected.
Mr.. Boyd inquired as to the manner in which |
the accounts Of the board were kept, and by |
whom moneys we're paid ont checks signed, etc. /
He wss informed that these matters were all in |
the hands of the secretary. Mr., Boyd denied all |
intention OF impugning any one; but, II the sec
retary did not object, he thought that these mat
ters should be conducted in the orthodox way,
that checks should be signed by the Secretary |
and countersigned by the President.
He, therefore, moved that all checks be signed |
by the President and Secretary, and 1t was 80 re-
solved.
The President read letter addressed to DR..
Fnney, resident physician ut the Quarantine
Station, asking his presence at the meeting in
vessels and the use Of carbolic acid as a disin-
fectant would report.
DIR, Jones moved an executive session.
Mr.. Mott asked permission, before this ques-
tion was put to ask Dr.. Finney il he had an thor
ized any one to say that he {Mr. Motif was preju-
diced against him Dr, Finnsy)
DR.. Finney replied thst he had authorized no
such statement, and Has not under such an i'm
preston.
The board then went into executive session.
Go to- ORnerg only for new and choice china, /
glass and crpcksTy.
Read Navras invitation to the China Palace.
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