The record-union., 1895-06-19
WANT TO KNOW WHERE THEY'RE At.
Members of the Board of Health in a
Quandary
Sanitary Inspector Muddle-Reports Of
City Physician and Other
Health Ofncials.

The City Board OF Health met last even
ing, Drs. Huntington, Parkinson, ii. l..
Nichols and Waggoner and President
Lawton being present
Health Officer Fowler reported IS
deaths for the month of May, as against
43 for the same month in 1894; q were
males and II females. There were u
births, IL males and IA females. Burial
permits issued, IS; removals, 2; patients
attended at Receiving Hospital. 5.
Assistant City Physician Ogden re-
ported 257 new patients treated; old pa
tients, ITO; total, 427; shipping and re-
moval permits issued, 3.
The reports of Plumbing Inspector
Mahoney and Sanitary Inspector Herr
were read and ordered filed.
SANITARY INSPECTOR.
The following communication from
Corporation Counsel Robert T. Devlin
was read:
"In response to your request for an
opinion as to whether the Board of Trus-
Gees have power to abolish the Office of
Sanitary Inspector, l beg leave to say
Section 2l5 Of the city charter provides
Whenever in the judgment of the Board
OF Trustees no necessity exists for the
continuation of any office created or pro-
vided for by this charter, said board, by
an ordinance for that purpose, adopted
by not less than seven affirmative votes,
may discontinue such Office
This ls q plain provision OF the char
ter and confers upon the Board of Trus-
tees power to abolish an Office by the
vote prescribed.
The powers that may be conferred
upon the governing body Of a city by
virtue of provisions contained in a city
charter adopted by the people them-
selves have never been defined by our
Supreme Court. While it may be argued
that this provision is unconstitutional,
yet in the absence of any decision of the
supreme Court upon the powers that
may be exercised kby the governing
body of q municipal corporation, the
only course is to follow the plain Lam
guage of the charter. BY so doing your
question must beaanswered that the
Board of Trustees have the power to
abolish the Office"
Sanitary Inspector Herr announced
that, in pursuance of the resolution
adopted by the board authorizing the
Health Officer to appoint such an officer,
he had been appointed Sanitary Inspector
of the city.
DR.. Parkinson said if the Board of
AAoaAsH A~1 hOt tu6 pOW OF 10 appOlut Ou0
Sanitary inspector, then 1t has not the
power 10 appoint any number of inspect
ors when necessity requires such action
as provided in the charter.
On motion of DR.. Huntington, DR..
Parkinson was appointed committee of
one to confer with the Corporation Coun-
sci as to the rights and powers of the
board IN appointing an inspector, or any
number of inspectors il necessary, and
also as to the validity of the damand
against the city of q. w. Herr for serv-
ices rendered as Sanitary Inspector un-
der the direction of the Board of Health.
LOT CONDEMNED.
President Lawton stated that the Board
OF Trustees had condemned the Mayo lot
at Fifth and @ streets. and that the agent
OF the property commenced to-day TO
fill up the lot Mr.. Lawton said the
Board of Trustees contemplate condemn
ing the lot on the southwest corner OF
Sixth and ID streets.
The board then adjourned.