Sharp County record., 1914-03-13
COUNTY JUDGE GAY
ON THE HEAL tn LAW
Asserts Again That Sharp
County Has No Public
Health Officer.

Editor Record:-It seems that a
short article published over my sig
nature in your paper some time
ago, in regard to the payment OF
fees of local registrars, appointed by
the State Board of Health, has
caused quite a stir in some high Of
fetal places. Now, when that ar
ticle was published | had no idea OF
being aired" in the state papers,
for it was only aimed for the ben
eft of a few people in Sharp coun-
ty | am not running for third
term nor am trying TO break into
the legislature, as stated by some,
but if had wanted to run | had
plenty of "buncombe" to run on
without the state board of health
bill.
| notice in several papers that
our attorney general sees fit to call
me to task for my views on that
statute. General Moose says: If
the county judge should refuse to
approve an appointment by the
state board of health he should
give a valid reason for it and show
that the appointee was incompetent
or did not possess the character and
qualifications required in such an
officer" AS to that, when refused
to approve the appointment OF DR..
Woods | gave a valid reason, and
more than one as to that matter.
But my contention is that the law
doesn't read that way Let's see
section IS Of the act in question,
maybe General Moose didn't read
that far down, as he only referred
to section 10,) commencing on the
last part of line s, and read:
} Within 80 days after the pass
age of this act the State Board Of
Health, with the approval of the
County Judge, shall appoint for
each county in this state Health
Officer, who shall serve for term
of two years" ' 'Ta'f
That doesn't say anything about
giving a valid reason for not ap-
proving an appointment.
Now, | think it is the duty Of the
courts in constituting the law to try
to get the legislative intent from
the statute, not to inject the judicial
intent into it. Certainly if that is
the rule the attorney general should
try to Get the legislative intent out
} of this act in rendering an opinion
on it. | don't know whether the
legislature meant what 1t said or
not, but do know that If 1t was
the intention of the legislature for
the state board of health to force
county judges to approve Of county
health officers whether they wanted
to or not il was a waste of ink and
space to have the county judge in
the bill. | think If the attorney
general will read section % OF the
act he will reverse his decision.
Separate the unimportant parts of
this section from the main points at
issue, and read as follows;
"All expenses legally incurred for
the work of protecting the public
health outside cities and towns
shall be paid by the county in
which the expense is incurred, Such
claims shall be allowed by the coun-
ty court, when proved, as other
claims against county are requir-
ed by law to be proved, but every
claim must be approved by the
county health officer, provided that
all of the expenditures made by
representatives of the state board
of health and chareeable under the
provisions of this act to any county
shall be made only with the advice
and consent Of the county Judge Of
any said county"
What Surely not with the "ad-
vice and consent Of the county
Judge" And then make that same
iudge annroye Of n county health |