Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-11-07
LOCAL BOARD OF HEALTH.


there has been more or less ~ "a dis-
inclination on the part u officers 100 ali-
feront portions OF the state 60 appoint
local boards and otherwise comply with
thu provision of ihc statute This fsN
ure on their par. caused seer iary b'ai-
~ Of the state board % health. who
has been seeking an enforcement OF 90.
law, 10 solicit an opinion from Aitor-
noy General bishop on the matter. The
inierroratory aud reply are. By request
hcTewith given In fuiii
Dear sir.-in your favor Of october
iiih. you submit the following.
"Will yuu please ADVISE tno atai,
board ~ health with reference 60 fuch
measures a. are necessary 90 enforce
compliance with sections iln3 ana llgb
Revised statutes. which provide Tor the
organization 10 local hlafdff Many ~
the localities !u the s.aic have ignored
the provision referred Co., and % g. DE-
sired 90 encct q complete organization
at the earliest possible slime.
Under section itOs. 90 which you refer.
u o. made the duty NJ ~ huafd ~
trustees or city council ofHvcfl moor
puratcd Gown or city ~ the STATE %
establish By ordinance board ni htait
Tor such town of city. 90 con ~ on
NMFN| or WNNfN NNNNHllNHH NIN" ~ HNA'.AHff
when practicable. ahal be- a phifIciih.
graduate nf regularly chartered
medical college. who shall De- executive
oflcsr ~ the board ana De known az
the health officer
Under subdivision s. 81 section COG.
Revised Statutes. the general power u
given 90 citlea and towns. TO make
regulation 10 secure the gcneral health
Of the city. 20 prevent the introduction
OF contagious Infectious. or malignant
diseases into the city. aud 90 make quar-
nutine laws and enforce the same Win.
IN the corporate limits ana withln
twelve miles thereof To create board
OF health and prescribe the powers anu
duties ~ ;hc Hame'
aertian iiOs. 10 which you refer. pro-
vldea that each board Of county COM
mlaalonera shall divide the county. OUT
aide u the limits of lncor'
porated cities and towns. Into
sanitary districts. and shall appoint "a
heaith uuicsr Tor each district, Who
ehall be. when practicable a physician.
Such district health Officers SHAH. Zoe
geiher with the hoard u cluriy com.
misllonsra. constitute the county board .
a. health.
sUodyision ~ u section eli. Revised
Statutes, invests the board ~ couuiy
commiasiouurn with she general power
go adopt such pfovisigns Tor the
Preservation 81 health In the county.
or any district therein. or por,i6n
th~r,of texcop, municipal corporatlouHl
as tht board fnay BEEN necessary, ana
b. provide Tor paying the expenses
thereof II shall b. the duty u The
board % county commissioners, by
oriinance. 20 appoint district health
ofiieefu, Who shall hold their Offices Tor
the term u sNa years. and shall serve
without compensation. The board N
health shall have a general tupefvla-
Ton u all the matters apperiainlnr 90 I
she sanitary condition u ihu county.
etc"
Under these provisions II IL clearly |
the duty Of the trustees Or city council /
Tor Incorporated towns or citlca of the /
State 20 establish boards Of health and |
saniiafy districts. and Il would seem. /
since she legislature, IN fta wiad pm. |
has enacted these provisions. which are
mandatory, that they should b. 90
eyrvtd ~ such public Officers and ihulr
pfgylflota executed and carried out.
The eN9tdlency Of the Law ought not u
te considered by them the only ausa.
TIN bilng question 81 duty as pub
ile ofhcrfs In executing the Will u the
legislature.
You ask 90 be ADVISED as to VIVA,
meaflrcH are Necessary g. snforcr
o1mpliancs with these provisions.
In oasss Whrrr such public officers
have irnord The lrw. ana neglect and
rvfute 70 carry out It, praylsllns. aec.
ton htl, Revised Statues. provides
hNefy VIM. omission % perform any
guy enjoihrd hy law upon any public
.lnegr' OF perton holding any public
Nuat ~ empll Ymrni. whore no special
provision shall have beer made f,r the
punishment Of such delinquency. II
llhlnhtalr az a miadruruuur.
Aur AhNtu section la "a provision found
~ our psnsl code. and Is general pros
Nln,ln .athcigntly broad 60 include
sNvry pnlcer IN the State. whether h.
be State, county. municipal or di9.
triei onlcgf, a Wilful omission 90
taffg out The provisions ~ raft1bur
llps ara iiH. supra. IN ms ofdni8n
would subject the delinquent officer 10
lsu.eeu ll1n and punishment Tor
Agnyn, as specially relating 4, o,pp.
" ofhcorr section b0i u tho ue,5ggt
statutes pfovideai ANY county rom,
missioner WIN refuses or psFlssts I.
lgtofin any duty imposed upon him.
NNh.ul lust cause therefor. VI wiifuily
violates any Law provided Tor his guy.
sfhmeht ~ such officer. or who. as com.
mlssnuef. wlfully. frauduisntiy az
.nHutuy attempts 90 perform any 49,
uhhsth9iltsd ~ law shall in additlou
lhs pehhlly provided IN the prnni
9qe' forfeit % the county ave hundred
etnala Jog every such act tl bo rg-
...-.A- ~. ''fit'fAA hNNNf NNN HnMl lHf
iurther liable un hls oficlal bond no any
lsIs9n injured thereby Tor all DAMAGE
WV county commissioner Of any
'ouhl} hiliully Neglect nr refuse 4, ~
seute the ptpvln lus o. ssril8ps ti0r
avn oi opinion that they would h. ia
ble 70 forfeit N he county 0ye bty
a. dollars Tor every such act ana
~, W aalliiu tu iag peualts pf,,l.a-I
IN section ils3. supra
bhnft subdivision Of saetL,, ss4
$1,000 alA.uitH relating 10 the dutise
euniy attorney u d provided I'M
shaH prosecute all actions ~ tb.
tNe9feig ot Tines peualties ana f,,f'i,
ufss aecrulnE 90 his county, ''''''''
Ihdrr ihiH pruvirlan h y..tft ...
qglls clear that h would \. IN. %
c,,,,, w, ,eunly attorney, In cases ybar..
Nnl 'Ylniiiihsiuusra ftfusr or rl.,i.'.,
v, pst1fm he duty lmp5s.t ~
YOU ~. above rsfefrrd u. 4. Irstt,,.,
'0e,ellhsa fQr tho forf.4tir. tr'.,'il
w aAld section 5J1 and ma t'ta,N' %
vision " said section al h .Nu
ings vnt alN o. institute proceed
a,s, ~ pnaef ne provisions "a s..ii',
~. supra when no M lpf.r,a,,I' wv.
mi,,.S Any sueh onense has bssn r,r5-
h.as The honor 10 be. very r.sr.,,
fully yours WY ''Aleei-
r. A. BISHOP.