The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-06-16


~ representation on the floor and
when any request is made by TINS oe-
partment II Is either disregaroed en-
ffrely. or misunderstood, aHa iooheu
IL on as ridiculous and unressohaeie,
III the case OF the eating mouse
hav. lust referred to Mr, Pollard ad-
yises me that the only way might
nYasecute was under the state law on
the subject OF common nuisahCes'
E,,ch cases as this do not come under
that heading. A place may be so
fiitny that Il is unbearabie yet. II oeihs
private concern. quietly managed
etc. il cannot exactly be regarded as
common nuisance
The ruling of City Attorney Pollard
Z WAS originally given Feb !, 1908,
when the former was asked for an
nDinier as To whether or not board
u frr hauses. hotels, saloons and similar
. establishments might be taxed for
selling milk and fcodstuifs His re"
ply follows.
Poilard's Letter.
"nr " T. 0ppenheimeT PRESIDENT
Board of Health. City.
Dear Sir.--By order OF the COM
miftee ON health as to whether the
ordinance entitled an 'an ORDINANCES
fn create the Qils%c VI 4AAs-hNtNN' 'ff
and food supplies. etc approved
NAV g. 1904, in the matter OF pay
rnent of tax or fee applies TO board
ing houses hotels. saloons and SOFA
water merchants. in response TO which
have 10 say that IN my Judgment
said ordinance in the matter or license
and tax appliAs 60 dealers in milk and
foedssuffs not takers or consumers OF
milk ar food
Icons and SODA water merchants, white
thsy furnish milk 70 their customers
vet this is incident 10 their business.
They are not dealers in milk and fooo
supriies; they are consumers through
their customers of milk and food
Therefore IL is very clear that tire
owners and proprietors Of the estan-
rshn1erts named are not required 70
take out a license In accordance with
the provisions Of said ordinance or
pay u tax hereunder
Very truly yours.
III. r. POLLARD,
CITY attorney"
According TO Dr, Levy. this opinion
alone nallitles an! pfocseolnss on ms
part III they have no license for us
Ia revoke, what can We doH obviously
nothing" said he
sin order To make matters more Ger"
tain, however" he continued, Il wrote
to Mr.. Pollard asking Tor specific infor-
nation as 10 whether or not We had any
authority in this matter. calling ms at
tention To- the crying need that We be
given powers to act in those cases
where we found fragrant violations OF
The purefood laws
Or. levy's Letter.
Jhe letter was written July -, 1905,
and was as follows.
''Hon, n X. Pollard.
City attorney, Richmond, Va;
Dear cir
- l.sThe attention OF This department
has been very forcibly directed to the
necessity Of our having coirplete tuTlS-
diction over restaurants. eating houses,
soda fountains etc. / find you have
given an opinion on February l, 1905.
In response 10 an inquiry from the
President of the Board 81 Health, to
the effect ,that our city ordinance OF
June Q. l&b4 commonly known as our
.pure food law') does not require places
OF the class just menti*ned to take
out fA'mits for the sale of milk and
food supplies. We have every reason
for knowing that many of these places
are Conducted III "a most unsaHitaIy
manner, and that IL there is any rsia-
tion between food and disease il ia
certainly most active IN just this class
~ places.
.Ycur opinion goes on to say that
boarding house keepers. hotels. sa :
loens, and soda water mer chants while
they Furnish milk te their customers,
a Vet this Ia incident 10 their business
they are not dealers in milk and food
supplies. They are consumers through
their customers Of milk and food sup
plies.
"No Glass of Purveyors OF Milk and
! Food Supplies Requires as Careful
Supervision as Just Those Glasses
Which in Your Opinion are not Reach
I'd at all Under our Law. We are not
s. interested in thar, as Consumers, but
4 ~ Essitrg Fobs to RIA, Cor ssa7ssst1s Sos
Z lie, and Telling il In such way as TO
do the Greatest Amount Of Harm.
"These people must be reached. re
CURED 10 take out permits. as other
dealers In food supplies must be reach
ed, required 10 take out permits, as
other dealers in food supplies are. and
their places must be absolutely under
cur control. and ! therefore ask your
advice as TO the necessary steps which
must he taken TO reach them.
III In your opinion a new ordinance
II required, or an amendment to our
present ont. please get this up SO that
we may send IL on TO council without
delay
VERY truly yours,
II. {. LEVY.
Health Oficer"
No jurisdiction.
In response TO this letter Mr., Pollar I'd
asked DR. Levy to frame his own
ansapd.asr, f-nprarr{pr Question