The Birmingham age-herald., 1909-03-11

in the water supply. contamination in the milk supplies or any other deleterious or adulterating matter in food or drink offered for sale to the public, and the knowledge required of an officer who can furnish this information is of a different character from that required of the ordi- nary health officer as the legislature must have understood the term. It is of the highest importance that the Mayor be thoroughly informed in order not only to perform the duties imposed on him but also to enable him to gie information to the municipal health officer. If 1t should be held that all matters connected with the public health and sanitation were de- livered over to the jurisdiction of the coun- ty board of health the regulation affect ing sewerage and drainage, the construc- tion and installation of plumbing, the re- moval of nuisanses, the construction and maintenance of crematories and garbage reducing plants, the establishment of slaughter houses, the establishment of public baths and burial grounds, and all other matters of similar nature would be regulated and controlled by the county board of health or It's representative, the health officer of the municipality. This would result in deprivng municipal au- thorities in a large measure of their most important functions and 1t is difficult to understand how any one can contend that such was the purpose of the legislature.
 If the contention of the relator is cor rect, that the city of Birmingham has no authority to procure for the use of it's officers, in the administration of the affairs of the community, expert knowl- edge of things which may or may not communicate disease then 1t would have no authority, for instance, to create the office of inspector of plumbing and san ftation; 1t would be powerless to regulate and compel the screening of wells and ' n fEfn nnA nfnf and the like; it would be powerIess to require that weeds be cut on vacant lots or to exercise powers of a similar na- ture, which affect the public health.
 The law defining the duties of the city health officer does not to my mind ex- tend that far.
 No Conflict In Duties.
 The city bacteriologist is performing duties which in no way conflict with the duties of the health officer The office is created for the purpose of getting ex- pert knowledge upon the subject of bac- teria as affecting the public health, the water and milk supply and to transmit that knowledge to the Mayor. The duties of the county health officer are defined by the legislature and by the city code, and the scope of his action is entirely different. He is to look after the public health in the presence of epidemics. di- rect the control of quarantines, and his office has to do with contagious and in- fectious diseases. He looks after the register of births and deaths, and per forms other duties of & kindred nature The two offices can exist and their proper functions can be carried on without con- | 1ict.
 l As defined In the best dictionaries and | technically considered there Is a marked difference of ha frfo 1 words, sanitary and sanatary. but the legislature in the enactment of the laws referred to uses them as SYNONYMOUS terms, evidently intending in their appli- cation and scope to deal with and en- brace anything and everything which in any manner affects the health and sound ness of human beings. And yet the full meaning of neither has ever been deh- nitely defined; they seem to be elastic terms and the medical profession have never agreed on the subject
 They differ widely as to the cause of diseases and their remedies often one physician affirming and the other deny ing. In this condition a practical. com mon sense construction should prevail However elastic may be the words used, embracing in their scope every conceiv- able cause whsh could possibly affect the human frame from the invisible but microscopic microbes infinite in number to the patent and universally acknowl- edged horrors and wild speculative fields of science and medicine, surely the con struction insisted on by petitioner is too wide and extensive and could not possibly have been in the contemplation of the lawmakers.
 Having examined and compared the law embraced in and constituting the two systems sanitary and municipal I have decided the issues presented to me as follows, to-wit:
 Decision of Issues Involved.
 1. The Birmingham municipality has the power and is authorized to establish a bacterial department elect an officer to administer It's functions as prescribed, and report to the Mayor.
 2. The ordnance passed by the munici- pality establishing such bacterial depart ment is valid and all its duties and func- tions can be performed in harmony and not necessarily in conflict with or pre- venting the health officer named from administerins the duties and functions required of him.
 g. That the election of Dr. Hardness under section 120S of the code Gas ad- mitted in the petition). was never ap- proved by the City Council of Birmng- ham, a city of more than 6000 inhab- itants, is not duly elected-is not an officer de jure, but having entered Into the office under color of title and ex- ercised the functions thereof is an officer de facto and while so in office and per forming the functions thereof his acts are valid.
 The petition is denied and dismissed and defendant allowed to go hence and recover his reasonable costs In this behalf expended A. A. COLEMAN, Judge of the Tenth Judicial Circuit of
 Alabama.
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