Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-06
TIE cETY,s HEALTH.

the Board Of Health.
The Board of Health reconYened at the
Seeretary's Office on Saturday evening. DR..
Montgomery presided in the absence Of DR..
Cluness.
In response to the request OF the Board Of
Health, City Attorney W. A. Anderson was
present at the meeting, and was called upon
for his views upon the powers of the Board
and the legal aspect of the situation. Mr..
Anderson delivered an extended oral opinion
He belisYes that under subdivision s OF Sec
ton of the charter, the Board of Trustees
has power TO determine what are nuisances,
and to prevent and remove the same that
all matters pertaining to the public health
come under the great and almost unlimited
power called the "Poiice Power Of the
State" So great il this power that often, in
extreme caass, it even goes beyond the cor
stitutiOnal inhibition that private property
cannot be taken for public uses without lust
compensation, fof under it property is often
taken and destroyed without any compensa-
ton, and cited illustrations. one of which
was the case of Mesker vs. Van Rensselaer,,
IA Wendell, n. Y, 397. In that case the de-
PENDANT, with other citizsns, the defendant
being an Alderman of tins city of Albany,
during q season when
TIE AsIATIc CHOLERA WAS PREVAILING
To an alarming extent in the country, and
when the highest degree Of care in the SAM.
tary condition of every building, whether in
the city or country, was essential to prevent
the approach of the disease, pulled down snd
demolished row of tenements occupied By
large number Of the poorest classes ia the
community, who suffered the premises TO re-
main in such filthy condition as to Justify
m ~ II nif
zens, even in oruinsry times, of its deleterious
effect upon the general health, but especially
so when this fearful epidemic was devastating
the country and WAS source of danger to
the health and lives of the people, The
owner of the property sought TO recover
damages for this destruction. The Court
held that, under the circumstances, the house
was public nuisance, and ths defendant was
justified IS one oE the public, in abating it,
As q general rule, ordinary nuisahces cannot
be thus suaamariy absted. The PROCESS OF
Courts, civil and criminal. should be in
vuked. But n cases where the danger is i'm
minent, and
THE SAFETY OF THE COMMUNITY
Il at stake, the great 'Police Power" is
called into reqgisiti0n, snd is a complete
defense. Under our State Constitution
there is no way in which we can FL up the
slough on l street 30 % to make the expense
lien OF charge upon the property. If
we should proceed TO abate the nuisance in |
that manuerJ it would only result in enhanc-
ing the value of the property CT those who |
are violstiug our health laws. Vigorous
prosecutions OK these parties viii compel them
TO I'll in these pastilenEsl holes, and If this |
should fail, we have the extreme remedy be- |
fore mentioned. Under the power Of emf |
heut domain the city might condemn this dis |
trict and acquire title, and then I'LL up the |
slough This slough itself In o state Of ma
ture cannot be legal nuisance, and in order |
to make it such, the act of man must have |
contributed to its existence. The acts of the |
property owners on the south side of this |
slough have contributed largely to creating |
public nuisance. Ii they viii not sbate this |
nuisance, then extremes might be justifable. |
An ordinary nuisance, such as
SLAUGHTER HOUSES OR NoxIoUs BUSINESS
Can be removed, but here in order to abate |
we would be compelled TO improve the prop |
erty of the wrong doer. This makes the case |
peculiar one. There are three remedies |
First, indictment or criminal prosecutions
second, civil actions; third, abatement |
Where the Board OF Trustees in the exercise |
Of lis delegated powers res I'VE to abAte any
nuisance which may endauger the health Of |
the community, Courts cannot and will not |
control the manner in which it shall be done, |
and will not interfere in the matter of It's in- |
ternal police and administrative government, |
unless soma clear right has been invaded, The |
mere declaration of the Bosrd that any par
ticular thing OF act IS q public nuisance |
would not make it such, unless It had that !
character. MIR. Justice Miller, of the u. S. |
Supreme Court, IN 10 Wallace, 49, declares
the rule In such cases. The owner of prem |
ises upon which nuisance is maintained, is |
liable if he knows, or has reason to know, |
how the premises are OF were to be used. Any |
person contributing to the nuisance is liabls |
either jointly with others or alone.
THE LANDLORD IS RESPONSIBLE
For anything upon his premises which, By |
Improper use, may b5come nuisance, 81 |
though II IN fact becomes nuisance through |
the fault of the tenant. Section 73l of the |
Gods of Civil Procedure says: "Auything |
which Is injurious to health, or indecent or |
offensive to the senses, or an obstruction to |
the free use Of property, so as to intsrfere |
with the comfortable enjoyment of life or |
property, il a nuisance and the subject of |
sn action. Such action may be brought by |
aRy person whose property is iDjuriousy ef- |
fec.ed, or whose personal enjoyment Is lea |
ssued by the nuisance, and by tbs Judgment |
the uuissncs may be enioinsd or sbased as |
wen as damages recovered" The def1iiion !
Is the came, with some additions il Section |
so OF tho Penal Code, where the remedy is |
By criminal prosecution. Section 1884 Of
the Clyli Code says: " A public nuisance |
may be abatei by s1y public body or officer !
authorized thereto by law"
POWERS OF BOARD OF HEALTH.
The Board of Health has . general SUPER
vision over ell matters pertaining to The san
itary condition Of the city, and Is given full |
power over foul and defective drainage, and |
OF the disinfecing and cleaning Of streets and |
alleys. cellars, cssspools, or nuisances Of any
description, and Of low places within the city |
limits calculated 30 receive and retain un- !
healthy deposits. Il is also provided that all |
the necessary expense incurred in carrying |
out these provisions shall be paid out Of the |
street fund. The Board of Health possesses !
no legislative p1wers-csnnot sdopt any order |
thst eau be legally enforced. cFiminally or by |
sBy Court. Under Article XII, Section Is. |
Constitution 1879, no legislative power can be |
delegated to the Bosrd of Health, or any
oshsr Board, Commission, body or person. |
The Board Of Trustees only is invested with |
this power, and that only to the extent emu.
msrated 10 the charter. The Board of Health |
can adop5 rules and regulations, but in order |
TO make them effective they should receive |
the sanction of the Trustees in the form of
TN ordinance.
Mr.. Anderson stated that the Board of
Trustees will be
IN FULL ACCORD WITH THE BOARD OF HEALTH.
Aud all things necessary to the sanitary con.
dition of the city would be done. That he |
would use every endeAvor TO enforce the laws
and ordinances, and advised immediate and
vigorous prosecution Of those who are main
tanning nuisancss, even if all othsr business
had to be stopped, aad even If the two JUS
tees Courts had to be called into Eequisition
making prompt prosecutions
Dr. Hatch moved to refer The ordinance
approved on the previous evening to the City !
Attorney, to put it into such form as can be |
enforced. The motion was carried.
After some discussion the following resolu-
tons were passed
WHEREAS, In view of the approach, in the near
future, of an epidemic Of CHOLERA, and that to limit
the disease to the least possible minimum the city
placed in the best sanitary condition prac-
ticble by the thorough and frequent cleansing of
all streets, alleys courts, whsryes, private and pub
lie buildings and empty and low lots the abatement
Of all nuisauces, daily removal Of ofa efficient
sewerage, the cleansing, ventilation and disnfection
OF cssspools and water closets, and the humiliation
OF thst most significant of all signs OF danger Of
the location of cholera the pryy odor; therefore,
be it
Rs3olUed, That SO much Of lots Nos. 5, 6, Z ard
s. !n blocks between Second and Third, Third and
Fourth, and Fourth and Fifth and and streets
as are under water are in condition inmica to the
preservation OF the public health, sud that Third,
Fourth and Fifth Streets north OF street, to the
north side OF the alley between II and Streets and
the alley between Il and streets from Third 70
Q