The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-09-29

Corporation Attorney Says the
school Board Alone Has Author
ity to Close the school Buildings
in Which the Ruttan System Is
in Use-TaIk With President
zimmerman About the Question.
Some weeks ago Health Commission
err Stone, in a communication to the
board of school inspectors, called at
tentiOn to the need, as a sanitary
measure, for the removal of the Rut-
tan system from a number Of the pub
lie school buildings. In this COM
munication DR.. Stone recommended
that outdoor closets would be prefer
able to the system now in use and in
timated that unless changes in the
system in several of the buildings were
made he would declare the schools
closed.
At the time the health COM
missioner forwarded the communica-
ton to the school board he also sent
a copy to the corporation attorney, for
the purpose of ascertaining his posi-
ton under the law, as to the closing
Of school buildings where his sugges-
lions had not been carried out and
the conditions were such as to render
them dangerous to the health of the
students.
Yesterday Corporation Attorney
Markham delivered to the health COM
missioner an opinion, and at the same
time he sent to the school board a
copy of the same. After calling at
tentiOn to the law as found in the char
ter as to the duties of the health COM
missioner in the abating of nuisances,
the corporation attorney says
In case of pestilence or epidemic or in
case the sanitary condition of the city should
be in such condition as to warrant it, it Is
made the duty of the commissioner Of health
to take such measures for the preservation Of
health as he may in good faith declare the
public safety and health to demand. He Is
also given the power to cause any house
or premises to be cleansed, disn3ected,- or
closed to visitors, and prevent persons from
resortng thereto. while any person is labor
ing under any pestilentIous or infectious
disease"
This is the only provision I find which in
terms authorizes the commissioner Of health
to cause any building to be closed to the
public, and 1 am OF the opinion that this
provision is not applicable to me clrcum-
stances and instances to which attention Is
called by you, in your communication TO
the board Of school inspectors.
l understand it to be conceded by the
board of school inspectors that the present
Ruttan system, in use in many of the school
buildings. to which you called attention IN
your communication, is undesirable, and
that an improved system and imprO Sed
method should be substituted therefor at the
earliest practicable date.
l recommend that YOU confer further with
the board Of school inspectors as to the
best means to remedy, so far as the funds at
hand will permit the defects complained of.
I have no doubt that the board, on it's part.
will show disposition to cooperate with
YOU and observe your recommendations and
directions as far as it lies in It's power to
do so, and If convinced that the sanitary con-
ditions at any Of these bu ldngs are such that
it cannot safely be used for school pur-
poses that the board will, on It's own motion.
direct that such building be closed until
such time as the dangerous condition can be
remedied.
President Zimmerman, of the school
board, seen last evening, said he had
not as yet received the letter from
Mr. Markham setting forth the rights
and duties Of the health commissioner
as to the closing of school buildings.
"You will understand" said Mr.. Zim-
hermann, that the board is just as
much interested in the sanitary con-
dition of the school buildings as is the
health. commissioner. There are seven
sch6SE buildings IN which the Ruttan
system is in use, and it is impossible
to secure sewer connections with any
of the buildings without going all the
way from a quarter of a mile to a
mile and a half to connect with a
sewer.
Last year the board spent $4,000 in
taking out the Ruttan system from
three school buildings and putting in
sewer connections. To change the Sys-
tenn costs about $4,000 for each builans.
ing. The board has 10 funds with
which to make any changes, even If