The sun., 1897-02-09
SPLITTING Nv THE CARS
Aua the I,ierni and Invai,d Proposition. .f
the Honrd of ncnlth.

the Bonrd OF Health.
To THE EDITOR OF THE SuS-Sir: I rerc.v.
that the Board OF Heath are propo. irg to tak.
some steps toward enforcing their ordiuanc,
against splitting In the cars. but intend 10 pr,.
ceed more cautiously than come impatient ,s,,
pie would like. venture to suggest that tho
Beard OF Health cannot 90 too slow In Til. mat,
ter. That II would be desirable to stop IN.
habit Of public expcctoration there cannott..
question. But can the Board OF Health dot,
The powers CT that board are necessarily and
properly enormous. But they are not witlpu,
limit. The board cannot by an ordnance maso
anything q crime which they choose to declar.
so. To give them power thus TO legsla'e asains,
the liberty OF the citizen. the act, condition n,
practice must have some undoubted. well de.
fined relations to health. They can. for ihst.nc,
undoubtedl forbid the transport in a public
CONVEYANCE OF a SMALLPOX patient. But b tao
clear that all splitting In the cars. whether by
healthy or unhealthy persons. Is likely to be 50
Injurious to health that the Board OF Health
have authority to declare 1t n criinet
Is even no clear that splitting in the cart eva,
bv an unhealthy person Is so likely TO prudur,
injury to others that IL can be made "A crime .o-
healthy person to spit In the cars? | doubt If.
verv much know all the talk about bacillL
microbes. &c. But science tells US they ar.
every where. and certainly not every act which
transfers them from one position to another or
which stirs them up can be made crime. I'm
were. we should all become criminals. volun.
tarlly or voluntarily. II sny deliberate opln.
lon that arrested for splitting IN the cnr. cam
not be legally convicted, even 10 lie would no,
have an action for false imprison rlent agaip,,
the ofIlcer who arrests him.
Tho Court OF Appeals decided as lately a.
lS03 In People We. Board Of Health of Yonker..
40 y. Y. page !, that the decision o, a board
that thing 10 nuisance Is not conclusive but
may be disputed.
believe II would be wise 10 settle this aueu.
tion by n test case.
while upon this subject let me sngrest TIA,
the Board OF Health has recently made a. other
ordinance which Is even more clearly invalid
They have declared that no person shall sell
milk without permit from the board. I, 'N,y
have this power. then We have no need of Legs.
lature or Of Raine- Liquor law The regulating
Of the snle OF liquors and malt drink. Ger aiuly
comes Into the domain OF health quite as thor.
ourhly as tho regulating Of the sale o, mix.
tnguestioDsbly some mik-most milk l. no,
Injurious to health. But there are many who
claim that the sale OF all spirits and al. beer is
injurious to health.
Upon the subject Of this milk ordinance hero
10 recent decision OF the Appellate II vision ot
the Supreme Court which seems decisive, In
the case rc't~ to. which is reported in e. Hgg,
page 81 II appeared that the Board " Health
VI Flushing had passed an ordinance ;ha, 20
cows shall be kept within 200 feet OF any dwell
ing without special permit obtained from tho
Roard OF Health" The Supreme Court he'd
that this ordinance was invalid. They u sLt
have made a general ordinance that no COW
should be kept within the limit named or they
might have declared that particular COW
stable was "A nuisance. But when they under.
tOOk to exercise licensing they
authority they J ID not possess. The Court .Ay-:
-" The Board o. Health. by, the ordinance und,r
cows within 200 feet OF dwelling house,
but so keeping cows without n special permit
In other words. the board has taken n i,-els
TIE power uf licensing COW stables. No such
power has been granted it by the Legislature.
can be passed upon the subject. then such al e.
dlnnnce should be enacted. and all will be oouad
then the board should proc-ed by sIeciaI ordes
in the particular case. when the uer,on a.
tackled may defend himself ~ IL. courts. Tie
powers ve,ted In boards OF health are very
great; probably necessarily so. BCt TO 80
these boards The licensing power or power ~
behalf OF -ome favored Individual nigh; lead
TO the greatest abuse and jobbery." | cnuaot
find thnt our Board OF Health has in hi. re-
sheet any larger power thar that OF Flushing
There Is: mistake io', another recent or.
that is the ordinance requiring garbage sshss,
and other matters to be deposited In sepNrAts
recep,aeles. Tais may be and doubtless i.A
ofrrfu-e. But it IL not health pro-
yrson VISION. II II -. = nHi W one ,hai comes within ihs
J ol ,ce power. TO he executed 10y some other city
authority.
have referred 10 i lauiablc. All sooi r,tiSeas
would be glad to have their provisions held legal
IN Bnt u Is scSve all nees-ssary ,ha, The enormous
confined within Their proper scope .or. ey-l
properly exercised. they override all the ordinary
provisions for the prntsCtror ~
the citizen and bis property. The exerris.uf these
powers should h" the more carefully watched
because Of the inevitable tendency .. ,hr.e -
" hom they are ronfded to stretch and extend
them, An instance OF this latter tendency
Shown IN the recent declaration Of our F.ard
ni Health which has prnctcnllv only go
physician among fs active memhrr,I iNst
Whist we cav consumption IS contagious or eu'n-
The tremendous scope ~ thi. d-rih.
ration makes one tr-mblr. Itvala. it pa's n
The power of the Board Of HeNlth 70 mate
\ consumptive patient and move Linn ~ 'cr 20
q hospital That this is what the loa-i !. look
declaration that large appropriation Guc,; .
be made to erect consnmptivs .r!'al which.
m management OF the hosrd,s s,rter,",oss :, wAo
.hough very able in his sphere h,s am n
I&nrred. & no great. II any. experience in 'he prac-
teal treatment NJ consurn Nt!vrs
much discussion before snch cour.c cntcrr!
upon; discussion among conrcteni med al
md scientific men, who arc ce-iRinly ly no
means agreed n 20 the rnrrectneSs o' the course
" the Board OF Health; discussion .r0'n
itlved IN the course proposed; d,srus,i"" Also
rs to whether the Beard O! Health ought. IN
INV proper disirihutton of murciiai powers. 20
'onduct any ospitHls, whether their powers
night nigh. net 70 he confined 10 rcna-g' super;
'isIon OF disease and securing IT, ISOLATION.
I'm aware hat they have ~ lat" wears procured
or themselves nse that !anS age .i"-
icnedly-'he control of twn hn>utas. 10
,mal!pox Hospital and the willard NA~Fcr
hospital. hnt | fud there i ingyn .Ue.'.on
nised by those more comuet cnt g. Jrd-e tLanE
in as TO the wisdo.n OF th's grant u 3'v
LAWYER