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

such an opinion we feel confident that
Mr.. Brice spoke without mature delibera-
ton. The governor, for instance, may
approve or veto; but under no circum-
stances has he the right to change
comma and after law is passed, wheth-
er he considers it good or bad, it is his
duty to enforce it.
But let us go back to the intent of the
legislature. Originally responsibility for
health regulations was imposed by the
charter on the town council. In 1894 the
general assembly passed an act providing
for the creation of boards Of health and
elaborately prescribing their powers and
duties. These boards were to be elected
by the people-just as is the town coun-
Gil, for ;nstauce-and in matters pertain
ing to local health regulations, they were
given practically supreme authority that
could only be questioned in the circuit
court. On account of the danger of pos
sible confiction, it was not thought ne
cessary to vest in boards of health the
power to give the force of law to their
rules and regulations, and it was accord
ingly provided that these rules and regu-
lations should become law the same as
other ordiances After time, it was
found that many towns failed to elect
boards of health as the law required, and
in 1897 the act was amended so as to pro-
vide for appointment instead of election.
The balance of the act, however, remain
ed unchanged, and boards of health, after
appointment, have the same authority
and responsibility as they used to have
when elected by they people.
Why the act requires the approval Of
rules and regulations of the board OF
health is not difficult to understand. II is
merely a necessary process to complete
the formality of giving life to the law. 1t
is not understood that such regulations
must commend themselves to the judg-
ment of the town council. This is not
the sense in which approval is meant.
The town council has no responsibility in
the matter further than to enforce the
law, and although whether it has the
right to withhold it's approval may be a
matter of doubt that it has no right
whatever to amend, we feel confident.
Give the town council the right to
amend in one particular, and it can
amend in all. 1t would not have to ac-
cept any suggestions whatever from the
board of health, and the board of health
would have no responsibility. The fact
that the law requires the members of the
board of health to take oath to faithfully
discharge their duties, and provides pen
alties in the event of failure, seems to be
conclusive evidence that this board is of
original jurisdiction, and that its work is
not subject to revision. Were the condi-
tions otherwise, it is difficult to see how
competent, capable men, could hold such
a position and retain their self-respect.
A few days ago, a law-abiding citizen
of Yorkville announced it as his inten-
ton not to obey certain regulations of the
board of health. When demonstrated
with by a member of the board, the gen.
tleman said: "But you have no law"
The member suggested that this was a
mistake, and the gentleman asked: care
these regulations published by the town
council the regulations you passed ?'
The member of the board was forced to
confess that they were not, and the gen.
tleman announced that when the law was
made law he would obey.
So here is all the trouble. 1t is just as
easy to do things right as wrong. Unless
they are done right, they will not hold.
Most people are inclined to submit pa
tiently to anything, and in the case of
these, whether the rules and regulations
are legal or not, their effect will be just
the same. But others are not so tractable.
They believe in government; but prefer
to be governed by law-law which oper-
ates on all alike. To remove all doubt as
to the legality Of these regulations is a
simple procedure. The council has only
to strike out it's alterations and re-publish
the paper as originally agreed upon by
the board of health. With this done, the
law may be enforced without difficulty
against no matter whom; but, otherwise,
there is no telling when there may be
trouble.