Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1903-05-30
Salutary Action of the State
Board of Health.

AS briefly stated last week, the State
Board of Health, in session on the 10th
inst, took action by way of letter of
protest against the FrOstburg hog pen
Ordinance.
The action is formulated in letter to
Mayor Lammert from the Secretary, a
copy of which was sent by the Board to
the JOURNAL for publication:
BALTIMORE, MD, MAY ~, 1903.
To the Hon. PETER L>MMERT, Mayor, Frost
burg Md
Dear Sir:
At regular meeting of the State Board of
Health on May 10Th | was instructed to eX-
press to your Honor the regret of this Board
at the passage of an Ordinance repeating the
former Ordinance prohibiting hOg-pens in
the corporate limits of FrOStburg, and ask
ing that you will take into consideration the
full significance of the step before atfiXing
your signature to the Ordinance.
We maintain with some ditfidenCe our
right to be heard upon a local matter. If
the Ordinance expresses the will of the peo-
pie it means that ma jOrity ought to receive
your approval. But we find il difficult to
believe that the Ordinance really cOntem-
plates the establishment and maintenance of
500 hog-pens for each 200 families, which
is the least number of pens that would affirm
the Ordinance. We are inclined to believe
that if it were proposed to guarantee the es-
Establishment of such number of hog-penS
the people of the town would revolt
unanimously.
1t is only in view of our doubt whether
the Ordinance expresses the will of the peO-
pie that we venture to state the following
few objections to the Ordinance
|, There can be no right of a town Coun-
ell to establish or to legislate nuisance. 1t
has been held by Maryland court that a
hOg-pen is per sc a nuisance. The Board of
Health of Frostburg has held, and so far as
we are at present advised, still holds that the
hOg-pen is per- a nuisance. There is,
therefore, substantial ground for an attack
upon the Ordinance as an act beyond the
powers of the Council.
,, A former Council of Frost burg held
the hog-pen was a nuisance and on that
ground passed a prOhibitOry Ordinance.
The present Ordinance, therefore, re-es-
tablishes an abandoned nuisance, although
the view of the sanitary authorities and of
the courts have not in the meantime been
altered. In other words, a nuisance which
without legal status grew to intOlerable
proportions and was abated by law, is now
to be restored and legalized. We are in
possession of earnest and sound arguments
offered by responsible citizens against the
new Ordinance, bat we have not heard nor
reason or sentiment in favor of the
Ordinance.
3 If it were right to make such an Or,li-
nance, it would still be against public policy
unless the people of Frostburg are willing
to lose their advantages of rank and repu-
tatiOn among the towns of Maryland which
the former Ordinance enabled Frostburg to
attain.
If the Ordinance was passed in clear recog-
nitIn of 81 Ia liz. inn hn,lt
to a definite popular demand, we beg that
your Honor will give no consideration to the
views of the State Board of Health and that
you will pardon their presentation, which
would not have been made except on behalf
of the local public sentiment which seems to
us saner and which we think may be
numerically stronger.
Yours very truly,
JOHN 5. FULTON,