Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-04-03


mount objects Of government and il Il
proper and necessary exercise of what is
known as the police power Of each State.
1t is Il wcll-rrc"sniZ'd right inherent in
the state itself; ana this power the STATE
may cXcrci-c or II may delegate its tNcr-
else to such commissions. boards or pub
lie agents a.s il sees it, On the other
hand. the municipalities of our State are
wholly creatures Of statute. They have
no rights or powers ana no duties or liza
hiliticS except such ms are expressly. or
by necessary imrl cation. granted or con
tcrrcd by the statute Of the State which
il the voice Of its Legislature. TO a GER
tain limited extent tnc state has con
fcrred his police power upon state
board If health, ana its more specific
powers ANA executive duties upon local
boards Of health in each municipality.
BY Chapter l23 Of The Laws Of 1887. pro
vision Is made for a local board ~ health
three members uppoincd ~ the municipal
officers in each town ~ Section "f
said act the State has prescribed the
powers ana duties OF such boards They
arr therefore. though appointed ny thr
municipalities officers NJ the state ana
not Of the respective municipalities hy
whom they are appointed. Intil the pas
sage Of this act Of lNN1 the power IF IN"
board Of health was All derived from
Chapter II 81 me Revised Statutes, which
made the municipal officers 81 etch town
ever hv any means confer powers of the
state upon the municipalities as such but
sirnpIV eurciiitd certain local officers " No
shuIIld exercise it. and the passage 81 tn"
act of lN>1 wholly took away from such
municipal officers all those powers. No
where in any of The acts relating To the
board nf health do / ma any power con-
frrrcd anon a municipality as such. To eA-
erciS.. This police power or to control or
regulate the actions Of the local boards
of health We have no h sttItion; there
fore in giving IL as our opinion thdt the
incaI hoard Of health in this city Is a
creature of the State. and subject To sueh
regulations As have been prescribed by
the state lsstsiaturI; or Us - mIS ,i pf Pei
int, under the powers conferred upon II
IN The state Legislature.
Second-The members Of local boaru
~ health are To be appointed one tach
zach wear to serve for term OF three
wears. the term Of Office beginning any
,.xnirine On the second Monday ~ April
unI4ss no one is appointed 70 MI the W.
cancy. in which case the person MhoS'
term would expire holds over until ah-
IL her is appointed in h.s stead Nacail-
Hill in such board are To BE- filled hy INC
municipal officers The act provides fnr
IND organization Of suCh board before tht
18TH ,av Of May WI each year. anu tntE
have / hight to hold meetings whentNtr
they please for the transaction 81 DuSi
ness properly brought before them; NJ
though appointed BY the munlcipal OH
ears their term is fixed and. IN my opih-
ion their office cannot he vacated except
az in the case Of other punhc ofhclals' l'r
good cause shown - !
Third-Provision is made in the act q
1897 for the appointmenL by tht nluilivti'n
officers Of a health officer whose duties
are described by the act. He Is an adylS-
ory and executive officer Of the board but
is not i member Of the board and mas no
,ntp or voice in its actions except IN an
advisory capacity. While appointed by
the municipal officers, section ~ tns
act expressly provides that ne shal n' ~ q
office during the pleasure OF the p"aiI
and Paragraph OF section pIoNlut9
that the board shall presCflp" the 20"
ers and duties Of the local hedih ONCE
and direct him from time 10 UNI
in the performance OF ms duties -
have. no doubt. therefore. that the board
of health may. At any time they see III,
discharge Such htAith "HlCtI Wllil"ut
specific reason if they shall see fit. Hold
ing office during their pleasure ana derry
ing his powers and duties almost entirety
from the expressed WISHES q tht n2ir q, II i
+ eninentN !t'imE [''rt Mn H.. il thr
the rlght So ~ dSEhdfHc Mn r LII 7 ti'r
executive oIntt' III l. u. ,, "til' III IL,
performs taEilrS w II MAN ,hnir
nIatl"m;S II M, Iir.nrinn nnI nnwh@r Hill
IN the act any le'Wtt L. III, ti I;,
or ANY hfdntn n lht hlu t, ll'''lt's n M II
ulate ~ cohito' iiiS =, ''" , Il. i HMM,
may IT, Ptrnlii,r" III ,f t'' ehrntnr ii If III"
Revised Statutes. n amended ~ N.
LAYS T INF nroy rsnnt In becn MTT nfectr
with amy disease nr sickness danEerIu.
t. the public health. the board q hratn
nf the town where he i shall provide i"r
the safety Of the inhabitants ~
providing nurses anI otngr aSsis.anif C , hhI
neccsslrics at his charge anI'
otherwise. At that Of the town TO when
he belongs" II has been expressly held
in many cases that such supplies or
necessaries are not Fa ,T% I hy ncrs"m
even though wholly unable to pay 10.
them, does not in any way conStltu ute MN
a pauper in the legal sense OF the term.
1t is the only section of the act vince
authorizes the furnishing by anyone 81
medical attendance. nursing or Supp ne, :
and ii expressly grants thr p"Mrff ~
nishing the same u '''e '''''' VI ''''''