The Montgomery advertiser., 1908-04-21
TO HEALTH OFFICERS
ATTORNEY GENERAL MAKES HIS
 F FORMAL STATEMENT.
Tn Opinion Delivered to State Health Omcer Sanders, He Defines Hy- Etenic Laws fer Government of
 Counties.

| 4 H.
 An opinion of Attorney General Alex l M. Garber. of general interest to the
 health officers of the counties of the
 State. wherein he attempts to disen- l tsnsle the State health laws and the municipal ordinances of Birmingham, was rendered yesterday to Dr. W. H.
 Sanders. State Health Officer The opin- | ion spranE from q desire for such on
 the part of Dr. F. H. Scholl of Birm- | tngbam. Chairman of the Committee of
 Public Health of Jefferson County. In a letter to the State Health of | dcer, pr. Scholl had complained Of
 lack of coordination of the ,Birming i ham city ordinances pertaining to san 1 ttattoh and health in the city Hints.
 The request through Dr. Sanders was l for an opinion from the Attorney Gen ersl covering the whole range of act I ivities of the Committee of Public | Health. He also specifically inquired
 where resides the appointive power, where the supervisory power of the City Bacterioiogist, of the Meat and
 Milk Inspector, of the Garbage and Street Cleaning Inspector and the Plumbing Inspector"
 After going into discussion of the
 State laws defining the duties and field of operation of the County Health Boards together with review of the city ordinance of Birmingham, the At- torney General draws this conclusion: "The general supervisory power of
 the Board of Health of the county must
 be exercised through the medium of and in accordance with the health ord
 finances of such municipality. unless such ordinances conflict with the gen. eral laws of the State, and in that event the general law must govern.
 Tt is my judgment, therefore, that while the general supervision and en- 0f lodged in the hands of the County | Board of Health of Jefferson County | and the City Health officer of Birming | ham. elected by said Board of Health. 1 yet their supervisory power over the | City Bacterfologist, the Meat and Milk | Inspector, the Garbage and Street | Cleaning Inspector, and the Plumb ing and Sewer Inspector, should be ad- ministered and applied in accordance with the health laws of the State and the health ordinances of the munich pality.'
 The opinion is in part as follows:
 'Dr. Sholl calls attention to many | points Of conflict and a general want | of CO., ordtna ton in tnc various sections | of the Code of the City of Birming- ham devoted to the duties and respon- abilities of the several health and san that this indefiniteness and inco-ordin- ation has resulted in friction between 1 these city officials.
 ] It is not within my province 10 pass lpon any conflicts which may exist in the several sections of the city coae of Birmingham relating to the duties of sanitary officers. The adjudication of these conflicting provisions In the city code should be determined by the proper city authorities. I shall attempt only to define the legal status of the County Board of Health. acting through it's Committee or Puolc Health, and of the Health Onicer or the City of Birmingham. under the provisions of the amendatory Act ap- proved August 18th. 1907. General Acts of 1907. page ssSO
 "In A letter under date of March 5th. 1908. addressed to you and tnvol- wing the consideration of the question of the appointing power Of a oactertoi- oxist for the City of Birmingham. l expressed the following conclusion;
 T do not think. however. that the Health onicer' referred to in subdiv- ision CD, Section of the Recent Act can be8construed to mean Bacteriol- ogist for the City of Birmingham whose duties are restricted to certain Investigations for the protection or the health laws I am. therefore. inclined to hold that if the Code of the City of Birmingham provides for the appoint ment of a Bacteriologist in addition to City Health Oficer, and provides a salary for such special officer, that the appointment power would rest with the City authorities, although the field of work of such Bacteriologlst would be under the control and subject to the Inspection of the County Board of Health"
 T now affirm. after a more extend ed investigation of the subject. the conclusion there reached. It cannot with good reason, be asserted that the amendatory Acts supra, bestow upon the County Board of Health in direct and specific terms authority to elect any municipal officer. as far as I have been able to discover, except Health Officer for every incorporated city or town in the county according to the provisions of subdivision () of Sec tion of the Act above referred to. 1 think the terms of thic Act should be construed strictly and, therefore, 1t is my opinion that the appointive power of the City Bacteriologist, of the Meat and Milk Inspector. of the Garbage and Street Cleaning Inspec- tors and of the Plumbing and Sewer Inspector lies in the City authorities of Birmingham as the Charter or Code of Birmingham may prescribe.
 You will observe that Section $ of the Act above named contains the following provisions under subdivision (a), Co and (r):
 That 1t shall be the duty of the County Board of Health to supervise the administration of the health laws of the State in their respective coun- ties; and to investigate through their committees of public health and health officers all nuisances to public health against which complaint has been alleged and whenever a com plaint is ascertained to be well found ed-take such steps for the abatement of the nuisance complained of as the law provides: and to exercise through their Committees of Public Health and Health Officers special supervision over the sanitary conditions of public schools prisons. markets. public darries. public slaughter pens etc., in their respective counties"
 So much for the duties of County Boards of Health prescribed by this Act
 Tt is to be observed also that sec tion of the Act under discussion deals with the duties of the Health Off, hcers of a municipality. I desire to call your attention to subdivision (3b) of this section which reads as follows:
 Tt shall be the duty of the Health officer of a municipality to exercise