The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-08
Ae 10 City IleaIth PhNaiclan.
TO the Edltor Of Thc POST.

To the Editor of The Post
Every now aud then the public ia intro
duccd To some lame place In the city rhar.
ter The inharmouv between the mayo
and the council over successor to the
lamcnted ur j. r. Ntassle cad, attention
To the crudeness of The citys organic law
1t seems that at the present time there is
in fact no de iure head Of the health de
partmeut DR. Brumhy Is acting health
physician, bur he is only de facto heH III
physician, and II Is fortunate for the ,lty
that circumstances OF singular nature
have placed him In that position Had
vacancy occurred In this department with.
ont any attache possessing the qualihca-
tiuns of health physician aud a difference
had arisen between the mayor and coun-
ell over the election OF health physi-
clan the city would have been deprived %
the dement's Of that department until that
difference could be settled As II Is, how
ever, the department Is moving along with
out a jar 10 it's well perfected system, per-
forming It's function in preserving the
health Of the city Just as If It's present
head was created by the city charter or
which reason the legal status has attracted
much less attention than 1t deserves,
The charter provides FOR the election Of
In the event Of a vacancy selection by tn.
city council upon nomination by the
mayor Of some suitable person II pro.
videg for no assistant health physician. It
does not provide that the mayor Is OK
ofiiciu health officer IT, In fact, nowhere
cont emplaies that n vacancy woul &C
that would be hlod luStauIcr hy the ecu b.
ell, upon nomination OF the mayor. A
vague impression seems TO prevail with
some that the mayor, because he Is the
I rrl iNHas hon has
some control over or responsibility for the
oihce during II vacancy. But the mayor
has no power except what Is granted him
by The charter. This instrument seems
TO place all elective officers upon indcpenl-
cnt footings. Nowhere is the health phvsi-
clan made accountable TO the mayor, I'm
der no circumstances can he suspend h IN
| from office, He can not appoint his Il e
cessor, not even being permitted to vote
In the selection of his successor Is Il mcu-
Der OF the council The selection Is to be
by the council, MS clearly appear, from sr,-
tion 10 OF the charter, which, on thir point
reads rs follows: In case OF Il Vatnnct
in any elective office from whatever re-
son, the council, upon nomination by the
mayor. shall I'LL the vacancy by the sclec
ton of some person by a vote Of major
lily Of the aldermen elected and qualified
1t viii be seen from the language en-
ployed that the council is authorized To NIL
the vacancy 10y the selection OF some per-
son by vote Of majority OF the aldrImeh
elected and qualified. That there Is no e.
sponsbllity resting upon the mayor 10 p
point, MI any yacancy or select any persOl.
The only thing for him to do is to nom.
mate.
II may appear singular, but the fact re-
mains that department whose head Is an
elective officer Is ms Independent OF the
mayor ms Is the mayor of It,.
| In view of the fact that during this hitch
between the mayor and council the health
department has an actual head In the Ier-
son of Or, Brumby, who Is fully recog-
nized as such by the mayor, council, en-
ployes, the public In general etc: we SO
| competency is above question and VIII Sc
universal popularity leads a large majority
OF our people to hope for his selection 20
| health physician de jure as well MS =
| faco. the public may he able to look o I
with less fear than concern at the hitch
between the mayor and the council over
| the selection Of n health physician. The
real preference Of the people is not upccr-
| tain to the writer and oughn not 10 he 10
the mayor and council. o, T. Holt.