The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-06-05
REPORTED THAT DEPosEp PRESS.
DENT OF BOARD OF HEALTH
WILL MAKE LEGAL FIGHT
The LAW is NOT CLEAR ON CASE
1t Is Questioned In the Minds of A.
torneys Whether State Board Of
Health Had Legal Right to Dis
charge President.

jackson, Miss, June 5.-That DR.. q.
5. Bryan refuses to be ousted as presi-
dent by the state board of health,
that adopted resolutions Tuesday de-
claring the office of president vacant,
and electing DR.. N. J. Alexander to
succeed, is intimated by his close per
sonal friends, who, 1t is known, have
been in long distance telephone CON-
munication with him since the board
took action in the matter.
While DR.. Bryan, who is now at his
home in Tunica, has not given out any
thing for publication since he was
iousted as president of the board, his
friends assert eminent attorneys have
told him the board of health did not
act within its legal rights in declaring
the office vacant, and that If there Is
any reason why man should not hold
a public office the only recourse is to
the courts.
In this connection it is interesting to
note that a rather fine distinction in
law is involved, and DR.. Bryan and his
friends believe that when 1t comes to
constitutional authority they have the
best of the argument. At any rate Il
is firmly believed here that DR.. Bryan
is inclined to show fight, and maintain
that he still is the legal president
and the only one. of the state board
of health.
Just what action DR.. BRYAN contem-
plates taking is not known, but several
avenues, 1t is said, are open to him to
test the matter in the courts, which
his friends assert he will proceed to
do without delay.
Hence 1t is more than probable that
interesting litigation will come about
because Of the removal Of DR.. Bryan
as president of the board though no
effort was made to oust him as a mem
Der.
There is seeming conflict between
section 2,490, of the code, and section
ITS of the state constitution regardins
he removal Of public officers and meth
ods Of having them removed. Section
2,490 Of the code reads as follows:
THE state board Of health may at
any meeting remove, any county
health officer or its president or secre-
tary, from office, and fill the vacancy
thereby occasioned, or It may fill q
vacancy in either of said offices when
ever and however It occurs; and when
county health officer shall be remov-
ed, or his successor appointed, notice
thereof shall be sent and certified to
the board Of supervisors Of the county"
Section ITS Of the constitution reads
as follows:
"All public officers, for wilful neglect
of duty or misdemeanor in office, shall
be liable to presentment or Indictment
by grand jury, and upon conviction
shall be removed from office, and other.
wise punished as may be prescribed
by law"
The office Of the president of the
board of health is a public office, It Is
contended, because the term Of four
years Is named by an act Of the legis-
lature. Whether the law on the ques-
ton involved refers to a person on the
board as q member Of the board or
Its president regarding removal Is one
upon which lawyers differ in their opin-
ions, Some Of them say that the board
had the right to Gust Mr.. Bryan a.
president but retain him on the board,
while others declare It had NO legal
right to take the action that 1t did in
declaring his offce Of president Va
cant.
Section It's Of the constitution has
been construed by the supreme court
In several cases. and this method 81
removal has been held to be the only
method OF removing . public ofiaces
for neglect Of duty or misdemeanor b
office.
In the Lizano against Pass Christian
case. decided recently the supreme
court decided that the mayor and board
of aldermen under a statute could no
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