The Birmingham age-herald., 1916-07-14
City Wins Contention in First of Dry Closet
 Test Cases
TYPHOID IS STILL
 IN SERIOUS PHASE
Commission Spends Much Time in Dis cussing Ordinance Requiring Pasteurization in Making
 Ice Cream


 sires it to be understood that while
 the typhoid epidemic is under control of the municipal health authorities,
 danger has not been eliminated and the general public is warned against letting up on precautions against the continued spread of the fever At the offices of the health depart
 ment yesterday 21 new cases were re- ported, which makes the total number for the first 13 days of the month of July to 2SS cases of typhoid. There are now about $50 cases of typhoid | fever in various sections of the city
 and the situation Is still regarded by the city comsission as being still se- rious
 Yesterday about HOO first-time vac- cinations were made in the council | chamber of the city hall. while about 1000 were given the second "shot' in the armory. Commissioner Hornady
 states that about 90 per cent of the persons vaccinated the first time are
 returning for the second "shot" and he
 urges that all should return. The official "communioue" was not
 
 terday owing to the fact he was so
 busy attending meetings on the typhoid situation that he was unable to make an official report. However, Mr. Hor- nady displayed great elation late yes- terday afternoon when apprised that Chancellor A. H. Benners had denied
 the injunction of J. H. Spear of West
 End to prevent the city installing san itary connection and then charging it to the property owner to be paid when possible.
 LUCK HAS CHANGED What, has our luck changed ?" asked MT. Hornady. Tt is the first time the
 city of Birmingham has won something in the courts in sometime. according
 to the best of my recollection, and certainly hope that the supreme court will uphold Chancellor Benners as that decision means that we will make Birmingham a healthy city," Commissioner Hornady was com
 menting on the now famous "dry closet" ordinance. It represents the re- suits of about 10 years of struggle by the city authorities of Birmingham and it was only in the last legislature that a statute was passed giving Bir- | mingham the power to install sanitary connections and to charge the expenses to the property owner. and to allow the property owner to repay the city in in stallments. The constitutionality of this statute was doubted from the first and it was decided to test it in the courts.
 SUIT IS FRIENDLY Last week J. H. Spear. d resident Of West End. was ordered by the city commission to install some sanitary connections on his property. Mir Spear replied to the mandate of the city by applying for a writ of injunction be- | fore Chancellor Benners. His attorneys were Gibson & Davis. The suit was 1 friendly in character.
 The hearing on the merits of the | case was on last Friday and Assist ant City Attorney Jenkins. appeared to represent Birmingham. After the yer bal presentations of the facts both sides submitted briefs and the decision l of Chancellor Benners was handed down yesterday afternoon. It denied the writ of injunction.
 Immediately following the decision I the attorneys for MT. Spear made the 1 necessary bond and filed notice of ap- peal to the supreme court A decision is expected in the early fall. The decision of Chancellor Benners," o"iu MI. IlOIIlduy, means IT sustained by the supreme court, that we can now proceed to make Birmingham a healthy
 city, and absolutely eliminate the dry closet from our midst. It Is a great vic
 tory for health and sanitation and I heart fly congratulate our legal department in
 bringing home the bacon."
 ICE CREAM ORDNANCE
 Yesterday afternoon there was pro-
 lonsed meeting of the city commission in President Wards office to consider the ice cream pasteurization ordinance"
 After much discussion, the ordinance went over for a vote to next Tuesday, and ct that time the ice cream manufacturers are invited to appear and register pro- test against any provisions of the ordi- nance that they see fit.
 The 'ice cream" ordinance was drawn up by City Attorney M M. Ullman. as- sisted by the experts of the health de-
 partment. It is very drastic, but every
 section of the ordinance is accepted with out protest with the single exception Of the pasteurization'' paragraph It is pointed out that this section will drive the small fellows out of business. Dr. Marlborough, an official of one of the largest ice cream manufacturers in the city was present at the meeting and after the commission had voted to postpone ac- ton until next Tuesday, he said: 'I am in favor of that ordinance, and hope it will be passed. Unwittlngly, per- haps by one of it's members and by the statements of officials of the ice cream r