The Birmingham age-herald., 1917-02-04
Judge Sharpe Holds That Health Officer Is a
 County Official
NOTICE OF APPEAL TO SUPREME COURT GIVEN
Dr. Harrington Will Continue in Of flee Pending Decision of Supreme Court-Declines to Make Any
 Statement at This Time

Holding that Dr. F. E. Harrington was unlawfully holding the position as county health officer, Judge H. A Sharpe of the circuit court handed down a decree yesterday busting him fl om such office. Notice of appeal was filed with the court by Judge s. T Weakley, counsel for the defend- ant and supersedeas bond was set at $100. Dr. Harrington will continue in office pending final decision of the supreme court.
 The principal point on which Judge Sharpe rendered his opinion was that the county health officer was an of- ficial of the county and that none but qualified elector is eligible to the position. He held that under this con- struction of the law Dr. Harrington was not entitled to hold the office.
 The case was argued before Judge Sharpe several days ago and yester- day he made his ruling in part as fol- lows:
 Tt appearing thcrefrom that the
 respondent Is exercising the duties
 of the county health officer of
 Jefferson county, and it further
 appearing that the said respond
 ent is not qualified eIector of
 said county and state, it is con-
 sidered by the court that said
 spOndent is ineligible to hold said
 office, and thereupon it is by the
 court concluded, ordered and ad-
 judged that the said respondent,
 F. E. Harrington, is unIa,vfuIIy
 holding and unIawfully exercising
 the duties of county health offi-
 cer of Jefferson county, and that
 he be and is hereby busted and
 excluded from said office.c
 The quo warranto proceedings to oust pr. Harrington from office were filed in the circuit court two weeks ago. The proceedings were brought in the name of the state of Alabama ex rel Van Hayes, Jr., who was repre- sented by Attorney Frances Latady. The relator contended that Dr. liar rington was unlawfuliy holding and exercising the duties of the county health officer and that he was not eligible to said office as he was not a qualified elector of the state. It was also alleged that he held an office of profit under the United States govern ment.
 Judge Samuel D. Weal1ley, counsel for the board of health, appeared for the de- fendant and the matter was argued be- fore Judge Sharpe a week ago. Judge Weakley contended that the county health officer was not county official, and cited the Saunders case in which the supreme court had decided that the state health officer was not a public of fical, and argued that the same rul- ing would apply to the county health officer. This position was attacked by Mr. Latady, who contended that the Saunders case did not apply. Judge Sharpe took the case under advisement, lator.
 In announcing his decision yesterday Judge Sharpe stated he had gone into the Saunders case fully, and that 1t did not apply in the case at issue. The court stated he found that the county health officer, in addition to the duties he is required by statute to perform, has numerous other duties. such as the in- spection of county buildings and con- vict camps and that he was clothed with authority to compel the board of rev. enue to remedy any insanitary condi- tions as he might find them. The court also stated that the defendant gave bond like other officials. that his term of of- flee was fixed by law, and that the law also fixed his salary. These facts, he stated, show that the county health of- ficer is an official of the county. and that only qualified electors are eligible to hold such office. As it was not con tended that Dr. Harrington was a quail fled elector, the court declared that he was ineligible and busted him from the office.
 Parke, chairman of the board of health, who elected Dr. Harrington, would make any statement last night other than the matter would be taken to the supreme court for final decision