The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-12-05
Judge PEBBLES Decides Acts
Creating Them is Unconstl-
tutionaI and Void
DR., J. ]. McCULLERS NOT
HEALTH Superintendent

County Commissioners of Wake and
Decides That DR.. II. S. Stevens is
De Facto County superintendent of
Health-If His Decision is Upheld
BY the Supreme Court it VIII
Throw Out Of Office Every Board
of Health and Superintendent of
Health in the State.
In a decision that is far reaching,
and which, if upheld by the Supreme
Court of North Carolina. will throw
out of Office every Superintendent OF
Health and County Board Of Health.
Judge r. b. PEBBLES has decided that
DR.. j. j.. L. McCuliers is not h
County superintendent or Health of
Wake County, and that section nine,
chapter sixty-two Of the Acts Of the
Legislature of 1911 is unconstitutional
and void.
The written judgment Of Judge
PEBBLES reached the city yesterday
morning and is dated December first.
1t is not a long one, but 1t Is one
hat is certain to be discussed, not
alone in Wake county, but in every
county in the State as section 8 OF
AALPN\ ~ " AN ~ "
provides for the membership of the
County Board Of Health is declared
by Judge PEBBLES to be in violation
Of the provision of the State Consti-
tuition that no man shall hold two
offices at the same time. Section 9,
chapter 62 provides that the County
Board Of Health shall be composed
OF the chairman of the Board of
County Commissioners, the mayor Of
the county town. and in county towns
where there is no mayOr the clerk
Of the Superior Court and the Coun-
ty superintendent of Schools. with
two physicians Of the county, elected
by them. this Board Of Health to
elect a County superintendent OF
Health, all the expenditures to be
approved by the Board of County
Commissioners before they are paid.
is unconstitutional and o il as it
gives two offices to one man at the
same time, which is prohibited by
section Z. Article XIV Of the Consti-
tuition Of North Carolina, the decision
being hat there is no legal County
Board Of Health.
In his decision Judge PEBBLES holds
also that DIR. W. S. Rankin, secretary
Of the State Board Of Health, had no
authority to appoint DR.. McCullers as
Superintendent Of Health as the con-
tingency provided for the Act Great
ing a Board Of Health did not arise,
as 1t had elected a Health Superin-
tendent as required. the resignation
Of DR.. McCullers not affecting this.
and that his appointment is u and
void. He also decides that the sched-
ule OF fees fixed by DR.. Rankin s. not
in accordance with the law.
Under the decision Of Judge Pee
bles that the section of the Act Gre
ating the County Board Of Health is
unconstitutional and void the power
TO elect and fix the salary Of a Coun-
ty superintendent Of Health is invest
ed in the Board of County Commits
~sioners, as is provided in Article VII.
section 2 OF the Constitution. which
gives to the County Commissioners
the control of the charitable and
penal institutions Of the county and
it's Frances. The decision of Judge.
PEBBLES is in line with that which was
urged for the Board Of County Com
missioners by County Attorney B. c.
Beckwith and Mr.. R. N. Simms,
while the counsel for DR.. McCullers
were Mr.. B NJ. Calling and ex-Gov-
ernor Charles B. Aycock.
Judge PEBBLES finds no onfic in
the matter Of facts set out as to the
various elections. and Appointments of
DR.. McCullers, holding tina these took
place, his decision being that his cleo
ton as County Superintendent of
Health was by a board Illegally con-
stituted. and hence void. and that DIR.
Rankin had no authority to appoint
as no contingency arose. besides which
he holds the section of the act giving
this authority to be unconstitutional
and void.
The decision of Judge PEBBLES is as
follows:
Decision of Judge ID
North Carolina. Wake County-In
the Superior Court.
81. J. L. McCullers. plaintiff. VS.. The
Board OF County Commissioners
and others, defendants.
This cause came on to be a by