The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1912-02-27
THE OFFICE GOES
To DR.. M'CULLERS
His Appointment as County
Superintendent of Health,
by Secretary State Board
of Health, Was Legal

In the appeal of DR.. j. J. L. Nc
callers, of Wake, from the decision
cr the lower court in which it was
held he was not the legal County Su-
p~erintendent Of Health and that the
county Board of Health was acting
as an unconstitutional body the Su-
prcme Court, in reversing the opin-
ION below, holds hat the act creating
the board is constitutional, this arDly-
ing to certain sections Of chapter 62,
Public Laws of 1911. The decision
is against the contention Of the Coun-
~ Board of Commissioners and leaves
Dr. McCullers in possession Of the
office Of County superintendent Of
Health.
The section Of the law in particular
dispute, Sec. 8, Chap. SO, Public Laws
II 1911, is as follows: The chairman
# the Board of County Commission
rs. the mayor Of the county town,
and in county towns where there is no
mayor, the clerk of the Superior
curt. and the county superintendent
II schools, shall meet together OF the
tirst Monday in April, 1911, and there
IN the odd years Of the calendar, and
elect from the regularly registered
physicians Of the county, two physi-
cians, who, with themselves, shall
constitute the county board Of health.
They shall make such, rules
and regulations, pay such fees and
salary. and impose such penalties as
in their Judgment may be necessary
10 protect and advance h public
health: Provided, hat all eXpendi-
lures shall be approved by the Board
OF County Commissioners before be-
ing paid. At their first annual meeting
on h second Monday of May, 1911,
FNhn- c1o11 o1nof tho MN u
superintendent Of health; . .
Provided that if the county
board Of health Of any coun-
Is shall fail to elect a county SUI
perintendent Of health within two cal
tndar months Of the time set in this
section, the Secretary of the State
Board Of Health shall appoint a reg
istored physician Of good standing
III the said county, who shall serve the
remainder Of the two years, n shall
fiH his compensation, to be paid by the
said county, in proportion to the sal
aries paid by other counties for the
same service, having in view the
amount Of taxes collected by sale
county,
1t will be recalled that the County
Board Of Health for Wake county me-
and appointed DR.. J. j. L. Cul
superintendent Of health for the coun'
y. The Board OF County Commission
nrs OF Wake county, passed a resolu'
ton undertaking to appoint a Super
1ntendent of Health and fix his salary
IN consequence Of h conflict between
these two boards and the failure t
fix the compensation, DR.. McCuller;
refused to qualify as Superintendent
OF Health for Wake county. Afte,
more than two months, on July 18th
1911, the Secretary Of the State Boa
appointed DR.. McCullers and fixed hi
CON - cotinr O1oiv01O orfhnrit
Under the law quoted. DR.. McCul
lers qualified and the Wake Count,
commissioners refused to recognize
him, or to audit his accounts or t,
pay for his services. He then brough
suit for a mandamus to compel then
10 audit his accounts and pay for hi
services as Superintendent Of Healtl
for Wake county. The case wa
tried in the Superior Court and tn
Trial judge declared the law uEcon
stltutional and refused q mandarin
The case was then appealed to tn
Supreme Court.
Justice Brown for the S. an
court states: TT is contended thu
the contingency had not arisen whe:
The secretary of the State Boar
could lawfully appoint. A ma
Jority OF the Board OF Health vote
Tor the plaintiff (Dr. McCullers) BIT
he refused to qualify. 1t was tn
duty OF said board to at once ele<
another person. This it failed to dt
so that the office remained vacant fc
more than two months up to the tim
The State Secretary made the appoint
ment- We think the true intent an
meaning of the statute is to give sue
appointment to the State Secreta1
when the Board Of Health for an
reason permits the Office to renal
Vacant for two calendar months frol
the date fixed by the statute, in tn
TIE second Monday in May" II
states that it is to public intere
that this office be filed and that
the County Board of Health fails 1
exercise their powers, it is the du1
OF II secretary of the State Boar
or Health to do SO. That the wor.
snail fail to elect is not restricte
rs argued by the defendant, = b,
means the choosing and Inducing int