Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1910-09-19
new MEAT LAW
KNOCKED OUT
Judge Cochran Decides Board
of Health Can't Pass
Ordinance
THAT POWER STILL
VESTED In COUNCIL

In a comprehensive opinion City
Court Judge Cochran this morning de-
clared to be invalid the board of
health's new regulation providing for
the covering of meats, etc, in the mar
kets. George Reed, a butcher, of Fifth
and King streets, who was given
hearing three weeks ago on charge
of violating the regulation, was ac
cordingly dismissed Butchers had
awaited the decision with much inter-
est
Judge Cochran decides that the
hoard of health is not a legislative
hody and had no authority to pass the
ordinance providing for the covering
Of meats and foodstuffs in the mar
kets. Judge Cochran's decision is as
follows:
The Mayor and Council of Wilmington
VS. George Reed.
This case stands on the motion TO
Quash the information filed. The de-
PENDANT in this case is charged with
having violated Sec. of certain res
olution passed by the board of health
OF the City of Wilmington, the purpose
OF which is to regulate within the City
of Wilmington the sale of meats. fish,
oysters. etc. Its purpose and effect,
if sustained, is the same as an ordi-
nance of the City of Wilmington, and
Section ? of this ordinance. which is
held. applies in the case reads as fol-
lows:
Section 2 No meat poultry, game,
fish or shellfish shall be hung or OK
posed for sale in any avenue, street
or alley or outside of any shop, wagon,
stand or store, or in the open win
dow or doorway of any shop or store
i'm the City of Wilmington unless the
same be so covered by glass cases as
to protect il from dust, dirt, insects
and handling"
There is no doubt, but what the
idea of the Board of Health was to
protect the public health by regula-
tons of the conditions by which meat
etc, might be exposedA for sale, and
there is no doubt but what the public
has p right to be protected I'm such
matters. but the question before the
court is not a question of the eXpedi-
ency or desirability Of the ordinance
II is solely a question as to the power
and jurisdiction of the Board OF
Health to legislate. The Board OF
Health. however, must confine its
operations and activities TO the do
main assigned to it by the statutes
and ordinances. The health Of the
community is greatly involved in It's
water supply. but the regulations o.
the water supply is not under the con
| troll of the Board of Health; It il
under the control of the Water Com
missioners. Also the use OF the pub
lie streets and highways is iutimatel,
connected with public health, but TIL
regulations of this use. according Z,
the decision of the Supreme Court o
the State, does not lie with the Boar,
of Health. It is a matter under tn
control of the Street and Sewer De
partment I'm like manner the attemp
of the Board of Health to make rule
and regulations with regard to tn
markets of the city of Wilmington
and with regard to the sale Of meats
etc. within the stores of the cit,
Of Wilmington is outside of the do
main granted TO the Board of Health
It is true that in section 1877 Of tn
city charter, the general powers o
the board of health are stated al
follows:
THE said Board shall be investe,
with all the powers and authorit,
which the Council might or could ex
ercise relative to the object Of thei
institution, and with all the power
and authority conferred and dutie
enjoined upon members Of the Boar
of Health by laws Of the State. an,
by ordinances Of said city. for tn
preservation of the public health il
said city or within one mile thereof
The objects and purposes of tn
Board of Health are purely execu
tive and judicial. There is no ex
preston found in any of the statute
of the State with regard to the mum
cipality of Wilmington indicating an.