The weekly Iberian. (New Iberia, La.) 1894-1946, 1901-01-19
Decision in the Board of
Health Controversy,
In the Case of Doctor Alfred
Duperier versus Doctor
Willie J. Emmer.
DR.. A. Duperier
..-. versus

DIR. w. j. Emmer, ct ais
In 1898 the Legislature of this
State enacted and adopted an Act
establishing a Board of Health for
the State OF Louisiana. 1t conferred
upon the Governor the right to
appoint 7 representative physicians
from the various sections of the
State to constitute the State Board
of Health. In addition TO this, 1t
conferred upon each parish of the
State the right to create Parish
Boards giving the right to elect
and appoint suitable persons to
constitute the Parish Bo rds, at
least three of whom, If practicable,
to be licensed and registered
physicians, and their term of office
was to be for four years from date
Of their qualification.
Mn addition to this right, the
sahe Act conferred the right upon
codnclls Of incorporated towns to
est 1blish and organize Board of
Heilth. In conferrlng this right
updn the councils Of incorporated
toT Tns, it gave them the power
to elect or appoint 5 persons to be
Members of the municipal Board of
Health !; three of whom thus
or elected to be if
| practicable, registered physicians
and when thus appointed said
persons were to constitute the city
or town Board of Health, and were
to serve four years from the date OF
their qualification.
This Act, Section 5, gives CITY
Councils the right TO constitute
5 persons Board of Health
therefore that number constitutes
said board. 1t also gives the said
board. at tLeir first meeting, the
right to elect a Chairman, who
shall be duly registered physician,
who shall be the health officer o1
the town.
This seems to confer upon The
board the exclusive right to appoln
a chairman, who need not neces
sarily be a member Of the Board
and this position Is strengthened by
the use of the words ''il practicable
three registered physicians shall b.
elected d"-meanlng no doubt, if no
practicable, that other residents o
the town could constitute and b,
elected a Board of Health, and thei
right to appoint a chairman woul'
be absolute; provided their appoint
ment of said chairman be
daily licensed and reglstere'
i physician.
The A 1t does not provide fo
the tenure of Office of the Chairman
but only for the tenure of office Q
the Board of Health /; nor doe
it make any provisions Tor resigns
ton of the members of the boar6
The power and right to elect beln
vested in the Town Council. and th
r Act being silent IS to resignation
| it necessarily follows that when an
one of the members resign and b.
: resignation IS accepted by ii
: board, the right to fill said vacane
by an election or appointment
' other persons, is necessarily IN Il
Council, and they alone beln
vested in this power have the rlgl
to elect other members and, IN IN
opinion, the Boarl of Health, b
D the right to re-organize and elect
i new chairman wherever it Sc
e proper, because said chairman
s enure of Office is not prescribed f
n in tie Act, as that of the Board
q Health is /; nor need he necessarl
: be member of the Boar.i O. Heal.
: because 1t may be impracticable
j get three licensed physicians
members of the board, but I
u caairman elected. by said boa
= : must be a duly licensel phys
o,on