Evening journal., 1911-10-10
HEALTH BOARD
IS ON THE JOB
Body Replies to Citizen Who
Asks Question Through
Evening Journal
BELIEVES LAxITY ON
PROBLEMS IS ELSEWHERE


took action on the communication to
the editor of THE EVENING JOUR-
MI, which appeared in this news
paper one day last week. in which the
writer asked the question: What !
has become Of the clean and pure
food ordinance which the Board Of
Health was pushing so vigorously |
early in the SUMMER" The letter was
signed Interested Citizen"
The reply of the Board of Health
follows:
Editor of THE EVENING JOURNAL.
Dear Sir: Will you kindly grant
space in your paper in order that
a reply may be made TO letter
which appeared in your columns on
Friday evening last
"The writer OF that letter was we'll
within his rights in his question. and
this answer recognizes that. The OBJ
feet of this reply is to present to the
people Of this city the state Ct affairs.
Just. what the officerholders OF Will
mington are doing are matters Of con-
cern and just inquiry to every tax
payer. When these matters touch on
such vital points as the health and
food supply. it is indeed dificult to
conceive Of subjects on which general
interest would be more likely to con-
centrate. And so we have the spec
tacle Of citizen writing to a news
paper three months after move has
been made looking toward betterment
of conditions surrounding the food
exposed for sale in our city makets to
find out what has become of that move
and inquiring if the health board has
forgotten or laid down on the job
'The writer may rest assured that
neither condition exists and that the
board is still doing business where it
can. The situation as II now stands is
as follows: The Board Of the Health
has tried to carry out the purposes for
which il was created and exists, but
has been prevented in two ways. To
explain this exactly It will be neces-
sary to explain some other matters.
An examination of the charter Of
the city of Wilmington will reveal
the following facts:
First. In paragraph thirty-one the
charter creates a body TO be known
as the Council and TO it grants GER
tain powers, amongst which are those
relating TO matters of sanitation and
legislation in such connection within
the tcity limits or a mile thereof
Second. In paragraph 137, this
same charter creates another body to
be known as the Board Of Health Tc
this body are also given certain duties
and powers, esp tally relating tc
matters Of sanitation andtg public
health. In describing the scope Of
the powers thus given. the charter
reads:
"'The said board shall be invested
with all the powers and authority
which the Council might or could
exercise relative to the object Of theii
investitution.'
This language is in no sense doubt.
full. It deliberately takes from one
creature of the city government GER
tain duties and hands them without
reserve-the word all is the one
used-over to another. Moreover th'
section removing the powers from tn,
Council and giving them 10 the Healtl
Board is later in the charter. thus
superseding Section thirty-one bl
virtue Of time of enactment, and th'
recognition Of the idea intended TO b
conveyed is clearly shown when /
saws, powers and authority whicl
Council might or could exercise Thi
reference shows that Council was in
tended originally 20 exercise tn
mowers later on given TO the Healtl
Board. That is, these powers wer
granted to Council in paragraph 3
and taken away by being granted Z
the Board of Health in paragraphs 137
The situation OF these paragraphs an
their contents, especially this refer
ence to Council in paragraph 10
shows clearly that the situation wa
in mind and intended TO be altered.
"It was acting upon this city char
ter after competent legal advice tina
the Board of Health took up the wor
so ably waged by previous boards, an
especiaily that Immediately precedini
It also passed laws necessary to NEE
conditions and proceeded TO act upo
them. In the very first case, how
ever. which was prosecuted in th
Municipal Court. the ruling was hand
ed down that the functions of III
Health Board ARE purely executil
and judicial" This in the face OF tn
language of the charter. as abo'
quoted.
aThus defeated in the City Coui
and as in such cases the city has 4
right of appeal to a higher court, II
Health Board passed a set OF resoit
tions embodying those ideas, which
carried out, would best protect u
food exposed.
"These resolutions were presente
for approval and Suggestions 10 n
Honor Mayor Howell, aud the Mayor
advisory board also. 10 the city 81
iicitor. Judge Hastings All OF thes
gentlemen endorsed the resolution
Then Council was approached, u
resolutions were presented, and u
request made that they be enact'
into laws. Delegations we're heal
for and against their adoption, thoi
for being consumers and housekee
ers as we'll as representatives Of u
Health Board; those against beir
dealers in such products. who protes
ed against the Inconvenience Of sue
regulations.
"The resolutions were then handi
over to the law committee OF CounC
and have not been heard of since.
inquiry made to the chairman of IN
committee received the reply th
the committee would take care Of /