Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-12-18
SUMMERS UTEs7
SECRETARY BOARD OF HEALTH
MAKES sELATED DISCOVERY.
Finds He Has Power to Punish Food
Hoarders and Strikers Who Menace
Public HeaIth-Iowa Statutes Make
Provision for Prosecution Of Those
Who curtail Food or Fuel Supplies.

Des Moines, Dec. 1s.-Foodr or fuel
prefiiteers, hoarders, or those who by
strike may affect the fuel or food
market to that point Where "preserva-
ton or Improvement OF public health"
is menaced. may some day feel the
strong hand of the Iowa state health
department clutching their collective
shoulders. According to DIR. Guilfird
Sumner, secretary of the health de-
partment, anything that affects tho
public health Of Iowa may be sum-
marily stopped by the health officials.
DR.. Sumner interprets The law of
Iowa under which the health de-
partment was created, as giving the
health authorities official. executive,
legislative. enacting, enforcement, and
practically judicial powers. No other
state department has such a combin-
alton of powers, it was said.
Face Prosecution.
With these powers at hand, DR..
Sumner AYERS that no person or
persons can withhold food from mar
ket, charge unreasonable or profiteer-
ing prices, nor combine thru strike or
otherwise stop food or fuel supplies,
and escape prosecution by the state
department Of health.
Prosecution which may be- inaugur-
ated at any time when the state de-
partment of health believes that "the
preservation and improvement Of
public health" is threatened.
nv Crvornv. ho1dc ho< for ouv
reason. strike or otherwise. food or
fuel is withheld or kept out Of the
reach Of the public, to such extent that
epidemics Of various ailments may
result. the state department Of health
may even take charge of the situation
to the extent of ordering the sale of
boarded food at a proper price and
assume control offuel and its dis
tribution upon simple allegation that
lack of fuel is health menace.
Power of Board.
Section 1855 of the code, reads as
follows:
"The board of health shall have
charge of and general supervision over
the interests of the health and life OF
the citizens Of the state: matters per-
tanning to quarantine registration OF
marriages, births and deaths; authority
to make such rules and regulations,
and sanitary Investigations, as 1t may
from time to time find necessary FOL
the preservation and improvement OF
the public health, which, when made.
shall be enforced by the local boards
OF health and peace officers OF the
state"
The Supreme court, in Pierce VI,
Doolittle 100 ruled:
1.-The rules and regulations Of a state
board Of health, which 1t has legisla-
tive power to make, have the force
and effect Of statutory enactment;
and a statute prescribing the punish
ment for a violation Of such rules and
regulations as it may make, IL not un-
constitutional"
May Take Control.
BY reason of the law and Supreme
court opinion DR.. Simmer takes the
stand that if the state department Of
health believes boarding, high prices OF
foodstuffs, stoppage by strike or COM
bination Of either food or fuel, ID
threatening the public health, the
health officials may assume control o:
either food or fuel.
1T Is strictly up to the state de-
partment of health to define what
threatens the preservation or improve
ment Of public health" said Dr.
Sumner yesterday. III a man has
supply of -four and refuses to sell
same for a reasonable price. and by 50
doing menaces public health we can
force the sale Of that flour at q fair
price.
mo man can hoard any article OF
food or fuel or hold them for sale at
such a price that the people Of Iowa
shall suffer physically. II such were
permitted, an epidemic might result.
The health department. has the right
to prevent epidemies or physical SUI
fering Of any kind:"s