The Birmingham age-herald., 1919-04-28
HEALTH OFFICERS CANNOT ENFOR :. LAWS OF THE STATE
Dr. Parke Gives Status of Health Officer Under Pres, ent Laws-LObby OppOs-
 ing Legislative Remedy

That the state health department should be an integral part of the state government is the position taken by pr. Thomas D. Parke. a prominent physician of the city and state He declares that it is impossible for the health officer to enforce state enact- ments under the present laws, as ne is held to be mere agent of the board of health and not an officer Of the state.
 The following statement in reference to the matter was given out yesterday by pr. Parke:
 "The procedure adopted by the joint legislative committees investigating the convict conditions. namely, appea l to the governor for quick relief, is open to all departments of tSe state government. save one
 '~rhis one and notable exception is furnished by the health department. other departments of the state govern ment but in the health department he is excluded. He is not the governor so far as the health department ex- tends its scope of operation. Difficult as i. may be for people accustomed to democracy in government to grasp tae reality of such condition of affairs, it yet remains true that this important department is outside the state gov ernment The supreme court definite ly decided that no health officer. under present laws. can be state officer in Alabama: that all health officers are mere agents of the board of health; that all health officers are not of or under the state.
 "Little wonder that cases are be-
 ing carried to the courts calling in .
 question the right of health of
 ficers to enforce state laws when
 the supreme court has so clearly
 defined their status under existing
 laws.
 The anomalous and remarkable sit uation is well revealed by the office of state prison inspector This in.- portant state office, carrying broad grant of power. was created by the legislature of 1911. The act provided that the governor appoint the incumb- ent for the first term of six years and thereafter the state board of health, the state medical association, elect tine incumbent. The act also provided and provides that the acts and decisions, of this state officer are subject to revi- sion and reversal by the governor.
 "A few months after the second in CumDent nau been elected, DN the state medical association the supreme cour rendered it's famous decision in the Harrington case. Here was state of flee held by an agent of the board ui health, whom the supreme court had specifically held to be a mere agent of the board of health. and whom the court had declared not to be a state officer and not of or under the state.
 This agent of the board of health resigned. and dilemma faced the by this time taken from the governor the right of appointment and trane- ferred if to the board of health and the board of health, the state medical so- ciety. would not meet for some months. In order to avoid misunderstanding as the state health officer explained at the recent annual meeting of the state society in Mobile. the governor was asked to appoint their candidate to the vacancy until the state medica! society should elect a successor at the annual meAtingi By what warrant or authority this course was pursued was not disclosed. Truly a case of grab bins both horns of a dilemma. "This anomaly and confusion can be remedied by merely making the state health department an integral part of the state government. Strangers from other portions of the world might be temrted to ask who could be found to oppose such a procedure in such q conjunction of affairs. Informed Ala bamians can put their fingers on the one class from whence proceeds the stronelv oreanized lobby opposing this legislative remedy"