The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-31

nthitn oIncer In Violation OF the Weliafc
ana SAFETY Of tho city Of Houston, ana
SAID petition contains no allegations show
ing any violation or danger OF violation
OK the welfare and safety Of the city OF
houston, bnt on the contrary IL nihrma-
lively appears from said petition that ihs
defendant Is discharging all of the duties
OF health officer Of the city Of Houston,
and II Is nowhere alleged In said petition
that be Is discharglng said duties In an
improper or unskllful manner, and there
are alleged In said petition no acts on tue
part OF this defendant which In any way
prevent or tend to prevent the nomination
Ny me plantim Of a candidate for city
health officer And of this he prays JUG
II Further answering herein, defendant
SHOWS that II Is provided by section ~
81 the ,harter of the city of Houston as
The health inspector shall be under the
control of the health physician and shall
nave the right In the discharge Of duty to
enter upon any premises between sunrise |
and sunset for the inspection of the same,
| ana may order the removal Of any nuisance /
OF any substance likely, In his opinion, to |
| create nuisance, or to be injurious to the |
| public health, but In any event applica- |
! ton shall be by him FIRST made to the own |
| er or occupant OF the premises for pernis !
! sion TO enter and make such inspection, /
! and he may be required to do and perform I
such other duties as may be lawfully pre- |
scrlbed by the city council"
! That by article No. 1856 of the revised |
code of ordinances OF the city of Houston
II Is provided as folows
The health Inspectors duties and pow
ers, proyiso: Health Inspector to serve
at the will of the council may be employed
by the mayor, who shall from o'clock
D. m. to o'clock p. IN. have the right and
1t shall be their duty to enter upon the
premises and outhouses Of any and all
persons In the city for the inspection of
the same and to order the removal of any
nuisance or any substance likely to create
a nuisance or be injurious to public health
provided that application is brst made TO
the owner or occupant OF such premises
for permission to enter and they shall gen
orally assist in enforcing the health ordi-
nances and adopted sanitary rules OF the
city and make daily reports to the health
officer or the city scayenger, as the case
. may be- of the sanitary condition of all
premises inspected by them.
That 10y Sc ton ! of the ordinance pass
ed by the council of the city of Houston
4 on August ., 1890, 1t is provided as fol-
a THAT all health inspectors appointed by
Y the mayor shall hereafter be under the con
4 troll and management of the health officer
r and the health officer shall require OF them
: ! such duties and services as may De con,
n sisteDt with the charter ana snaIl Glrett
y make such reports TO his department. ana
:, to the scavenger and garbage department
n and to use such blanks ana FORM OF rec,
. ords as ia his judgement may he necessary
II and proper
u city Of Houston 1t Is provided as t0lowsi
& THAT the terms of service of all OF the
:. employees in the fire, police and healtn
n departments OF the city of Houston shhl,
I continue during efficient service anu goou
N behavior except the heads of departments
u and no member Of the fire, police or heIitH
e departments now in service or that may
II hereafter enter such service oil sara 9epa , y
~ ! ments shall be discharged from salu SeEN
81 vice of said departments unless PROVED
~ guilty of offence of sunlcieht EIaN,E
4 In the opinion of the police hre ana heairI
y boards Of the city of Houston. to warr3h
5, such discharge and in any event Such ais
d. charged member or employe shall nave ~.
right to appeal from said board to the elI
council but said member or emploNe shhl
stand suspended during the pendehcI %
s0id appcal to the city council. ana
case the charges arc not sustained agalns
nd said member or employc. such suspense
1t | member or employc shall he entitled L
regular pay from the date of his susptsI
i, sion and be reinstated In the service In,
VI rules and regulations now IN force shl
rst he continued as the rules ana feEuihu9n
ID of the department, so far as appllca3nni
,al under this section, but may DC utheNr, Wv,
"a or altered nv the city council upon the re-
iityu concentration of the chief engineer anu ~ y,
e fire committee OF the council 10 rehass
no any person eligible Tor employment III ~ ~
nd fire department, he shall be between "
"u ages of 81 and As; he shall be cltlzen
an. the United States: shall have neen q Don
al, nde resident of the city OF iious.on az n ~
IN ot least two years Immediately pTeceulu
nf his onpointment: shall be of good NOR
ere Hbaratter and shall successfully pass
las proper physical examination; ..on {,
use That by section 26a of SAID charter
oes provided as follows, towit GOO =,
ar. ,t1,hat on and after January !. le9s, I,
the police. fire and health departInenI o ~. oiI
,ial rity of Houston shall be placed uuder CIV
service rules and regulations save anu =
ant cont the heads OF said departmenlt{as, H. =,
ion shall be under the supervision, u' re sn
ion and control of the respective neads OF p, ~
civ d da The mayor and four aldt
said men receiving the highest number o. h 1o,
any NJ the city election shall constitute u po1
re- which shall he known as the polIcC'
and on1 henith hoard of the city OF Houslo
the Which said board shall make all neeessaa
ion rules and regulations Tor the eNuini 5
? TO ~ apnlicants for positions IN Sahl ~.
per- ntonts and said board shall also pass np
ces, The charges preferred against any mem ZEN
or or emnloye of any OF sara u',l'll tiii.
II, 10 This defendant further SHOWS 10
)uld oo,rt maj he was employcd IN accordai
In, with the FOREGOING charter PROVISIONS
Sala the said city Of Houston on, to,WlI. S .
:, 1900 MS one Of the health inspectors
de, tha c,ty Of Houston and Is continuing
sald discharge duties MS such health inspec
any and has continued to discharge autles
y IN, - such health inspector from SAN oate uI
lues ~ Fba nresent time. This detendaht 81
inc ther shows that on, to-wIt. April - -
a. Dr i r. MasSie then health oiucer -. =,
81 clty Of Houston. became nv reason VI -
NJ ~ ass mnahIe 10 discharge the duties OF ;
w NY nfaca and requested this defendant 20
aote charge the duties OF said office Tor mn,
,tar in his place and thereupon ana tneIe eil
'tOn, ~ +W The time Of the death OF the sal1
. he "a "a Nassie on the 23d day OF August
oun his defendant fulhled the duiles 1I w.
neti oTficer Of the city Of Houston in anditlo =
The his duties as health inspector as az
'hfice said -, ,,,,ust % too1 and II
iti6n octoher 15 1901. this defendant cohi.Ihn
4 to to fnlhI the duties of said city heaLtn
this Scer FOR the reason that the ueIeh !ls,
drlv nuaIifed physician In good Slah'
: dc. q an ~ was and Is the only physician.
legged nioved as health inspector by the cItS
.ition EMo21sto. and there was no other perso'
70 Of diecbarae the said duties, ana ~ vas
, the nerativeIy necessary for the p9pnN,, We o
and HAT Inc duties of said office shoulu DC
n de- ch ma Tbis defendant further shows 70
such .o,rt that during all Of the time ne
rc in cberged the duties of health ofnceir o.
than it,. ~ Houston from April p, 1901, 20
books .a,9er IL 1901, he did so without any
other pensation whatever ...,,.,. shovvs
pos PtI This defendant further s 99eT
~ October Z 1901. 1t was. proNI,qIeu ~. w
IS de- Sinance Of the city council OF hous'o
Is a. 1ins,,e. rv
that toalI a ordinance 60 Amend Chapter ~,
,vldei ticle al Revised Code OF Oraihapue
IN 81 Ne CITY of Houston.
that ipo II Remembered by the city eouno
&C. ng the city of Houston; - :, tho
LEGGED ussecfion l. That the rules OF my
udant oo,,ncIi Of the city Of Houston ne 80 az
lat he ~ az 20 insert the following. -
and sec Q That on appeal from 9 sl,,, 10 ~
that - tne chair. should the preslulns ~
efen1- Sau ~ refuse from any reason Wnh lS
nd 70 put such appeal before ~ ne en- n