The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-14
THE STATE HAS CONTROL
CITY BOARD OF HEALTH Is SUBJECT
TO THE STATE BOARD.
Attorney General Taylor Writes an
Opinion at the Request Of the
State Health Board.

Under a general law passed In March.
1891, the city of indianapolis is governed by
an act which applies TO no other city in
the State. The act also provides for the
creation of board Of health. Some time
ago the question arose at a meeting of
the State Board of Health as to whether
or not the state board had any relation
with or control over the Indianapolis Board
Of Health. The question was finally SUBJ
mitted to Attorney General Taylor. and
yesterday he gave the board the following
opinion in the matter:
'It is true that the city of Indianapolis,
while under a general law, is governed by
an act Of March S. 1891. which applies to no
other city in the State, and that Section
ia OF that act creates a board OF health
and charities, and. as amended by the act
OF March 4, 1899 (Acts 1899, Z. 1857, provides
for the election by the Board of Health
and Charities of the city of city sani-
tartan. who shall be secretary and execu-
tive officer of said board and attend to
the proper registration of births, deaths
and marriages.
THE act also provides that said sani-
tartan may be removed at any time for In
competency or neglect of duty The act
of Feb. Z, 1899, to amend the act to estab-
lish a state board of health provides by
Section for an amendment OF Section
law reads thus: 1T shall be the duty of the
secretaries of town and city boards of
health to make reports of such facts and
statistics as may be required under instruc-
tons from and In accordance with blanks
furnished by the state board to the secre-
taries of the county boards of health in
which such town and city boards of health
are subordinate.
1T is also provided by the amendment
to Section TO- in section 4, of the act of
N
person shall bury any human body until
he has received a permit TO do so from
the county, city or town board Of health
or its duly appointed agent. No such per-
NIT shall be issued until there has been
delivered to such board or agent GER
tifcate of death according to the form
prescribed by the State Board of Health.
Section of the original law, as amended
by Section of the act of 1899, provides
as follows: The State Board of Health
shall have power TO remove, at any time,
any county. city or town health officer for
intemperance, failure to collect vital sta
tistics, obey rules and bylaws, keep
records, make reports or answer letters
of inquiry of said State Board concerning
the health of the people.
ut is perfectly clear that the amended
act to establish State Board of Health
applies 70 all cities and towns through
out the State, under whatever statute In
corporated, and that II is the duty of the
city sanitarian of indianapolis. secre-
tary of the Board of Health and Char
tiles OF that city, to report vital statistics
under instructions from, and in accord
ance with, blanks furnished by the State
Board of Health to the secretary Of the
Marion county Board of Health, and the
city sanitarian is also prohibited as are all
other health officers-from issuing a burial
permit until there has been delivered to
the Board of Health and Charities, or TO
its duly authorized agent, a certificate Of
DEATH according to the form prescribed
by the State Board of Health.
There is absolutely nothing inconsistent
between these provisions of the act of
1899 and the provisions of the city charter
OF Indianapolis on the subject Of health.
at would certainly be a most extraor-
binary thing for the General Assembly
of Indiana to create general law for
the return of vital statistics throughout
the State. and exempt from its provisions
the most important city In the State"