Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-02-26
and altogether the trio makes a strong
team
BOARD OF HEALTH.

The Yorkville board Of health held an
other meeting in the Office of DR.. Miles
J. Walker, the chairman, on Thursday
night, for the purpose of again consider
ing the health rules and regulations.
After a full and harmonious discussion,
it was decided to readopt the rules and
regulations that were originally submit
ted to the town council and nullified by
the unauthorized amendments of that
body. The only change made in these
original rules and regulations, was in the
nature of an unimportant amendment
providing that waterclosets must be in
spected by the board of health before
being condemned as nuisances.
This amendment was in Difference to
the recent request Of the town council;
but as matter Of fact does not signify
any change in the rules and regulations
as originally adopted, for they permitted
the same discretion. The main, and, in
fact, the only point Of difference between
the board of health and the town council,
is the right Of the council to change or
amend rules and regulations submitted
by the board.
A brief review of the whole matter
will be of interest just at this time. The
controversy began in October last when
the board of health, moved by the COM
plants of citizens, submitted to the town
council set of resolutions, among which
was the following:
/. That in the absence of a sewage sys-
TEN, the presence of a water closet in
"private residence" is a nuisance. There
are several such nuisances in the town.
Having been advised that it was with
out power to act in its then unorganized
condition, the board of health requested
the town council to take steps to remove
the nuisance indicated. The town coun-
Gil held several conferences in regard to
the resolutions; but failed to say what ac-
ton, if any, it would take. The resolu-
ton, therefore, became dead letter.
Realizing that in its then condition it
was without power to enforce whatever
regulations it might deem necessary for
the preservation of the health of the
town, the board of health went to work,
organized in accordance with law by
electing health officer and secretary,
and then drew up and submitted to the
council for ratification, certain rules aud
regulations.
The council considered the rules and
regulations submitted by the board, and
on its own motion amended them so as to
secure itself joint discretion with the
board Of health in their enforcement.
The principal reason given for this action
was that the "rules and regulations" as
submitted, gave the board of health too
much power.
The board of health took the position
that under the law the town council had
no right to amend rules and regulations
submitted that it must either ratify or
reject. This position was backed up with
the srgument that if the council had a
right to amend in one particular, it had
right to amend in all, and this being true,
there was no use for board of health.
Accordingly the board refused to accept
the amendments, and re-adopted the rules
and regulations as originally submitted.
After further conferences on the part Of
the town council, there was finally a
Joint conference with some of the MEM
bers of the board of health, and it was
virtually agreed by the council that if the
board of health would readopt its rules
and regulations so as to include the
amendment referred to above, the coun-
Gil would ratify.
Among the arguments of the council
has been the fact that the adoption Of
the rules and regulations would interfere
with sanitary conditions at the Jail, which
are now the best that is possible to devise.
AS a matter Of fact, however, the board Of
health has never condemned water-closets
except in "private residences" and only
then in the resolutions submitted before
the board perfected its legal organization.
This resolution was never given the force
of law by the town council, and the board
of health did not include 1t in subsequent
rules and regulations. So the argument
as to the sanitary conditions at the Jail
has never really applied to the ques-
ton at issue.
If the town council now does what it
has intimated it will do, and ratities the
last rules and regulations submitted by
the board of health, without amendment,
then these regulations, as soon as they are
published, as required by the statute, will
become the law Of the town and may be
enforced as such. In the meantime, how
ever, the town continues as it has been all
along, without health rules and regufa-
tions that are enforcible as law.