Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-01-12
STILL IN A MUDDLE.

IOWn COUNCIL dlll llle DOdIu vi ucailu 10
to the right of the council to revise the
rules and regulations submitted by the
board, is still in process of settlement,
and the health machinery, though still
moving along in way, is not yet based
upon an enforcible law. In other words,
while the health regulations may be en-
forced all right enough, so long as no one
objects, at the first attempt to force some
citizen of pugnacity and influence to do
something that he does not want to do,
there will be lawsuit, with the result,
probably, that the town council will get
knocked out, all because of little irreg-
ularity which can now be corrected with
ease but which, later OH, will invite no
end of trouble.
1t will be remembered that some weeks
ago the board Of health agreed upon GER
tain rules and regulations and submitted
them to the town council for ratification.
Instead of ratifying the rules and regula-
tions as the law provides, the council un-
dertook to amend them in certain partic-
ulars, and without submitting these
amendments back for the concurrence OF
the board Of health, went ahead and had
the revised rules and regulations publish
ed as an ordinance.
Though there were several amend
ments, the most Objectionable one, as al
ready explained, was that in which the
council assumes to claim joint discretion
with the board of health as to what might
constitute a nuisance. Members OF the
board of health held, in the first place,
that the amendment was unnecessary and
uncalled for, and calculated to bring
about complications and in the second
place, that it was illegal and consequently
vitiated the whole law. In this view ol
the case, at recent meeting, the board
refused to accept the amendments anu
sent committee to the town council to
notify that body of its action, and also 10
ask that the rules and regulations be rat
flied as originally adopted.
This committee, composed of Messrs.
L. R. Williams and John NJ. Hope, went
before the board about the 18th of Decem-
ber and discharged its commission.
There was considerable discussion, as the
result of which no conclusion was arrived
at further than all informal understand
ing to the effect that if Attorney Brice
should say that the regulations would
be legal as originally prepared by the
board of health, they would be ratified in
that shape" Attorney Brice was not ID
town, however, and the question was not
submitted TO him for settlement.
Accordingly, the situation remained IN
statu quo until last Friday night, when,
at the instance of Intendant Lowry, there
was joint meeting of the town council
and board of health in the council cham
ber, with Mr.. Brice present to explain
the law. All the members of both bodies
were on hand, except Warden Parish OF
the town council, who was out of town.
Intendant Lowry explained the object
of the meeting. 1t was not the intention
of the town council, he said, to in any
way interfere with the enforcement of the
health laws. The council did not desire
to stand in the way Of the board OF
health but, on the contrary, was ready
and willing to hold up the hands OF the
board under all circumstances. And with
a full explanation of the law by Attorney
Brice, he was in hopes that the two
bodies could come to satisfactory under
standing as to the powers and duties OF
each.
Mr.. Brice then went into lengthy ex-
phantom Of the scope and intent OF the
law under which the board of health is
supposed to be acting. The principal
points in his explanations were to the
effect that there is no doubt that the town
council is the judicial and executive au-
thority in the enforcement of health reg
ulations. A mere declaration of the
board of health that thing is nuisance
would not constitute it such. 1t would be
incumbent upon the board to prove a
nuisance. In such trial, the town coun-
Gil would be Judge, and, therefore, the
amendment to the health regulations
placing such matter in the discretion of
the town council, is unnecessary sur
plusage. He thought it would be better
if the amendment were stricken out and
the ordinance re-published, as then there
could be no danger of complications /;
but still, he insisted that the amendments
inserted by the town council did not in
anywise vitiate the ordinance. 1t was
perfectly clear that health regulations
must be approved by the town council
before they can become operative, land
the right to approve carries with it the
right to amend"
Mr.. Hope suggested that in view of
Mr.. Brice's explanation Of the law, then
the best thing for the council to do would
be to. allow the board to re-submit new
set of rules and regulations, which might
be ratified as submitted. He thought that
this action would remedy the whole diff
Guilty and obviate the possibility of future
complications.
DR.. Walker asked Of Mr.. Brice "lf
the town council is to make these regula-
tions and enforce them, what use is there
for a board of health at all? Under your
construction of the law, it is vested with
neither authority nor discretion but is
merely creature of the town council"
Warden Moore explained that the
board of health occupied the relation Of
a committee of the corporation, and that
its duties were advisory rather than 9TH
erwiSe.
Somewhat loath to accept this view, DIR.
Walker asked: Suppose, for instance,
we were threatened with an epidemic of
smallpox, and the board should order
compulsory vaccination, and the town
council should say that compulsory vac
cination was unnecessary, what would be
done about it?"
Attorney Bricc and Warden Moore both
agreed that in Il case of this kind, the
board of health would be supreme,
,rhnrounnn Nr Wnlsnr nuidnntlv NOT