The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-08-07
POWERS OF The BOARD OF HEALTH.
May Select an Official, But Can Not
Create an Office.
Opinion Rendered by Corporation
Counsel-Reports of Officials
for the Month of July.

! The City Board of Health met in rog
ular monthly session last evening, Drs.
| Waggoner, Wizard, Parkinson and Ross
/ being present.
| Secretary Nichols submitted his report
for the month of July, showing the num-
Der of deaths to have been 40; annual
death rate tor the month per 1000, 10. OF
the deaths 70 were males, and 1t females;
10 were natives of this State, 10 of foreign
birth and II of other States. There were
But 6 cases of contagious diseases re-
ported; were from diphtheria and
from measles. There were 24 births dur
ing the month-males 20 and females t.
They were all white children. There
were two still births and three premature
births.
Assistant City Physician Ogden's re-
port for the month of July is as follows:
Number of patients treated at dispensary,
3I9; outside calls, 8; treated at County
Jail, 10; treated at Receivin & Hospital, s;
total, 34S.
The reports of Building and Sanitary
Inspector Herr and Plumbing Inspector
Mahoney were read and ordered placed
on file.
Dr. Ross suggested that hereafter the
what action he has taken on plans and
specifications for plum Ding work SUBJ
united to him. The suggestion was sub
mitted in the form of a motion and was
| adopted.
The bond of George F. Tong, master
| plumber, was read and approved.
a communication from Corporation
Counsel Deylip. addressed to DIR. Parkin
son, regarding the power OF the board TO
! appoint a Sanitary Inspector was read by
the Secretary. Mr.. Devlin, in his COM
munication, stated that the Office OF Sani-
tary inspector is provided for by the
charter; but the charter provides that the
| Board of Trustees may abolish any office
created by the charter, and in previous
| communication he informed DR.. Parkln-
son that IN his opinion the Trustees had.
under the provisions of the charter, the
| power to abolish the office.
Mr.. Deylin stated that If the Board of
| Health can practically again create the
| office by employing person to do the
work. it would follow that the action Of
the Board of Trustees in abolishing the
office would be nullity.
Section l73 of the charter, said Mr.. Dew
! lin, provides that all expenses necessarily
! incurred by the Board OF Health III carry
| ing out the provisions of law and OF the
charter shall be provided for by the Board
OF Trustees, who. he says. are authorized
and directed to make an appropriation
! therefor out OF the General Fund.
| The term ''all expenses" is one of in
/ definite Specification, and il is difficult to
| tell by what action the Board of Health
| would come under the head OF expenses;
| but the powers conferred upon the Board
| of Health must be construed with refer
ence to the other provisions of the char
! ter and IL seems to him that inasmuch as
| the Legislative power is vested in the
Board OF Trustees when they have exer-
| csed the power conferred upon them and
| decided that a certain Office is not neces-
| sary their decision, whether right or
| wrong, is binding and conclusive. If
| this were not so their power would be
nullity.
~ am therefore of the opinion" con-
! cludeS Mr.. Devlln, that when the Board
OF Trustees abolish an Office, the Board Of
| Health has no right to employ person 10
| perform similar duties to those of the
| office abolished, and make the same o
claim against the City Treasury"
| The board was informed, although not
officially, that the Mayor had approved
the ordinance adopted by the Trustees
authorizing the appointment OF a SAM
tary and Building Inspector.
DR.. Ross said it would be premature to
act in the matter until officially notified
| by the City Clerk.
The board decided to meet again next
| Tuesday evening for the purpose of
selecting the Inspector.
Applications for the place were read
from George w. Herr and Samuel Gott-
| iieb.
Dr. Ross said it would be necessary to
select live man for the position. so that
the duties of the Office would be properly
performed.
The board then adjourned.