The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1919-01-09

VI I1edlCn some legal QueSClOnS
are asked and some references
made to the County Board Of
>,,a-+o demand an
The County 1aifH po..Ed Of Health
has power throughout the coun-
ty, except in Incorporated cities
having a city board of health, to
supervise all matters relating to
the preservation Of the life and
health Of the people and to make
and enforce such rules and or
ders' as may be necessary. The
same power is given to the coun-
ty board within an Incorporated
city where a city board of health
has not been established as pro-
vided by law or where such city
board has neglected to act with
promptness or efficiency.
Where an Incorporated city
has a properly constituted board
of health that acts with prompt
ness and efficiency, the county
board has no jurisdiction or au-
thority within such city.
A city board of health con-
sists Of four aldermen and a
health officer appointed by the
mayor, together with the city
engineer. This board is organ
lied by holding a meeting and
electing a president, and vice
president and a majority of the
board shall constitute a quorum
for the transaction of business.
The health officer is the execu
tive officer Of the board whose
duty it is to see to the enforce
ment Of health rules made by
the state board Of health, or his
local board.
The order of the county board,
prohibiting dances would not ap-
ply to any city having a proper
ly constituted local board of
health and before such a city
could prevent dancing it would
first be necessary for the city
board to made a similar order.
In the city Of Bottineau the
required number of aldermen
were not appointed on the city
board, and no meeting for or
ganization was ever held that /
know Of, so my opinion is that
Bottineau has no properly con-
stituted board Of health, and
consequently when complaint
was made to me on the evening
of January End, by parents who
have children they are unable to
control, that a dance was to be
held that evening and asking
whether we could prevent it, in
company with the sheriff / went
to the dance hall for the purpose
of stopping the dance or arrest
ing those responsible. However,
on inquiry of tn promoters OF
the dance, we were told that they
had been advised by the City
Health Officer, DR.. MacKay and
the City Attorney, Mr.. Bowen.
that they could hold a dance if
they wanted to, and that the
County Board Of Health could
not interfere, and assuming that
these young people were acting
on advice that they believed to be
sound, no arrests have yet been
made. !.
Any proper rule or order OF
any board of health has the
same force as a statute, and Tor
q violation of any such rule or
order. the penalty may be a fine
of not more than OO.OO, or I'M
prisonment in the county jail Tor
not more than thirty days, or
both.
The predominating idea that
the county board Of health in
formulating rules that may ap-
bar to be strict, is to endeavor
to keep the schools Of the ccun-
tv open for the remainder Of the
school year, even though some
neople may suffer a little by the
curtailment Of their pleasures,
or their revenues.
Yours very truly.
J. J. Weeks.
AGE OF FIRST CALF AND
MILK YIELD.