Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1910-09-19

purpose to clothe the Board of Health
OF the city of Wilmington with legis-
lative power.
AS a matter Of fact, in the same act
in which the Board of Health was
created and in which the general
power above quoted is found, there is
in section 81, a most explicit enact
ment comforting the legislative power
Of the city of Wilmington upon the
members of Council The language
of section 81, so far as it relates to
the matter under discussion, is as
follows:
Sec 81. The members Of Council
shall constitute the legislative body OF
said city and shall be deHominated,
when assembled, The Council The
council shall have power to enact or
dinances to preserve the health of the
city and to prevent the introduction
of infections or contagious diseases,
for which purpose. its jurisdiction
shall extend to any distance within
one mile of the limits of the city.
Erect market houses and TO provide
for and regulate markets; to provide
against the adulteration of milk and
cream sold or brought to be sold IN
the said city and to provide for the
proper inspection of the same"
The power to legislate on the sub
iect matter of the resolution or Ordi-
nance now before the court is eX-
pressly and beyond all dispute, con-
ferred in the above language upon
the Council. II would be strange ia
deed. if the Legislature in one and the
same act, should confer the power OF
legislation Of this subject matter. 20
the Council and at the same time con-
fer the same power on another body,
TO wit, on the Board of Health. The
result of such a double source OF
| legislation would be that the Council
might pass an ordinance making a
regulation with regard to a matter,
and the next day. the Board of Health
would have power to repeal said ordi-
| nance and to make a new one in its
| place; and then at the following meet
! ing of Council. It would be in tho
power of Council TO amend the ordi-
nance on the subject so passed by the
Board of Health To illustrate the
absurdity of such a proposition. il is
/ only necessary TO refer to tho Ordi-
nances which have been passed by the
City Council regulating the sale Of
] iIllk III INC NllN VI WllHiluEiOlf dAGD
the ordinance with regard to the muz-
bling of dogs. 3otn of these Ordi-
nances are for the protection of the
public health of the city. The like
may also be said with regard to the
ordinances hitherto passed by the
Council in regard to the sale of oil
and the storing of explosives in the
city Of Wilmington. These ordinances
also are for the protection Of the pub
lice health.
II is true that the Council no longer
has the full legislative power which
was granted to It by the city charter
passed in 1888. It's power as con-
ferred in that charter. has been par
titioned by subsequent legislative en-
actments. Notably its power TO leg
islate with regard TO streets and paw
ing thereof and the use thereof has
been taken away and granted 20 the
Street and Sewer Department But
manifestly the full power Of legisla-
ton granted to the Council by the
enactment of 1883 still resides in the
Council except in so tar as il has
been dimenished by subsequent legis-
lative enactments. There has bee M
subsequent legislative enactment
either diminishing the powers of the
Council as 70 egislation on the sub
iect of the health of the city nor en-
, larging in any respect tho powers OF
, the Board of Health A. to these mat
T ters. the situation is UNCHANGED by
statute since 1883.
? In the case of Bullock's Admr. "
b Wilmington City Railway reported IL
t Penniwell, the Supreme Court oil
5 the state reviewed the various stat.
: utes under which partition of tic
powers of the municipality of Will
mingtOn has been made. No mention
, is made by the Supreme Court in thai
decision Of any distribution of legis-
lative power to the Board OF Health
, because there has been no such dis.
+ tribution; and the fair inference from
the utterances of the Supreme Cour
in it's opinion in that case is that n
the judgment of the Supreme Court
the said Board of Health has no leg
islative power.
Since the Board of Health has n;
! legislative power the resolution i'm tbs
nature Of an ordinince which il hat
passed attempting 20 regulate th'
sale Of heats. etc, within the city o
Wilmington. is void and the motion C
auash the information in this case
should be sustained. The defendant
is therefore dismissed.
Very few American manufacturer:
who wish to sell goods in Norway
take the trouble to have their cata'
r---.,o. ,,,-;,,toJ l., N-or.uvogfop