The Montgomery advertiser., 1908-06-21
DUTIES ARE DEFINED
GENERAL ON CITY
 BA0TERIoLOGIsT,s OFFICE.
Effect ef New Uniform Charter Biu Upon Municipal Offieer--
 Mayor May Direct In-
 yesfiEations of Disease.

In the opinion of Col. Alexander M. Garber. Attorney General, the Uniform Charter Act, adopted by the last legis- Iature and called popular'y the New Municipal Code. vests mayors with the authority to direct city bacteriologists to make investigations of disease though those officers must still remain under the supervision and control or city health officers.
 The opinion is contained In letter written by Col Garber to Dr. w. II. Sanders. State Health Officer and ef- fects a Birmingham case. Part or Col. Garber's letter is copied here;
 June goth. 1908.
 "Dr, w. H. Sanders. State Health Of
 ficer, Montgomery, Ala.
 Dear sir---Some days ago you hand ed me a communication from Dr. w. H. shoil, Chairman of the Committee of Public Health of Jefferson County, with the request for an opinion on the ques- tion submitted to you therein. pr. sholi refers to my opinion of April 20, 1908, and now desires to obtain through you a construction of certain sections of the Municipal Code in connection with the amendatory Health Act Of August IS, 1907.
 Tt appears that further inquiry con- cerning the general authority and power of the City Health Officer of Birmingham has arisen on account of a certain ordinance passed by the City Council of Birmingham, a copy of which is attached to Dr. Sholrs letter, regulating the bacteriological Department of the City. Among other things this ordinance ordains that the office of City Bacteriologist ''shall be considered an integral part of the municipal government, and as such the City Bacteriologist shall report direct fy to the Mayor" and that he shall make any other bacteriological investigations that may be deemed by the Mayor necessary for the determination of dis eases threatening public health. It will be observed that no provision is made in this ordinance for the super vision of this department by the City Health Officer as provided in Section 2 of the amendatory Health Act. ap- proved August IS. 1907. and as pro- vided by secetion 16s of the Municipal Code Act. approved August 1s. 1907.
 ''The sections of the Municipal Code mentioned above render obvious the purpose Of It's framers. The intention is manifest to confer upon the Health officer of a municipality general super vision over the health laws and sanitary conditions Of city and to hold such officer responsible for the faithful and proper execution of the same. And in this respect the two statutes named do not conflict, but evidently seek to es- tablish the same general policy with respect to the administration and en- forcement of municipal health laws.
 Tn my former ruling, maintained that although the general supervision of the sanitary laws was lodged with the City Health Officer of Birmingham under the direction and control of the Committee of Public Health, this super visory power over the City Bacteri- ologist and other assistant health of- ficers of the city should be adminls- tered in accordance with the health laws of the State and the health ordi- nances of the municipality. This was declared to be the law on the assump- tion that the health laws of the State and the health ordinances of the muni- cipaiity were cooperative in their nature and purpose and not antagonis- tic and together constituted a con- sistent and harmonious system.
 It is my opinion that the ordinance referred to above is valid. in so far as it requires the City Bacteriologist to report directly to the Mayor and clothes the Mayor with authority to require