The Birmingham age-herald., 1921-08-11
STATE LAW CLEAR
 ABOUT DISPLAYING
 ED|BLES FOR SALE
City Will Not Hesitate About Invoking Every Aid In Keeping Food Supply
 Here Sanitary

Birmingham law department is preparing to see that the sanitary laws regarding food are firmly en- forced.
 Yesterday, speaking of the situa- ton, c. Lewis Bailes, assistant city attorney, said:
 The health of the public is para mount. The prevention of the spreading of diseases is of more inn pcrtance than any fancied incon- venience to fruit stand dealers. Both the letter and spirit of the law is that food intended for human beings must be protected irrespective of the volume of business or the system under which it is carried on by the dealer.
 Wording Is Clear
 "The provisions of the city code reqriring dealers in food materials to keep their wares on the inside of their storerooms, off the sidewalks and properly screened from flies. dust, dirt and contamination, are as clear and unequivocal as the English lG nguage can make them
 we are threatened with injunction proceedings. Perhaps there will all ways be those who believe in govern ment by injunction. It makes little difference what interpretation or construction may be placed upon the health regulations of the city code. The sovereign will of the people of Alabama was written into law by the 1929 legislature. That law is much less flexible and much more far reaching than the city statutes, so much so that 1t had been hoped that recourse would not have to be taken to the state statute. But If a few misguided persons really propose to set themselves up as superior to the law, then the state statute above re- ferrd to will be invoked
 The statute is as follows:
 The Law
 "'The state board of health shall prescribe rules and regulations for the Inspection and operation of all grocery stores, vegetable stores, deli catessen stands, meat stands, res taurants, dining cars, lunch stands, eating places, hotels, rooming houses and f.ublic dining rooms and other like I.laces, together with pantries, Kitchens and yards belonging there to- and shall furnish copies of said rules and regulations to county boards of health and to county health officers, whereupon it shall be the duty of said county boards of health and county health officers, to enforce such rules, and the county health officer is hereby given authority to close any of the places named in this cecticn which are Kept in an insani- tary condition; or if the owner or manager of the same violates said rules and regulations. When such place is closed to the public by the county health officer it shall not be rcopened until his written permi ssion is obtained.
 Right of Appeal
 "In the event that any establish ment named in this section should be closed by order of the county health officer, the owner thereof shall have the light to appeal to the county hoard Of health Such board shall investigate such cases and affirm or reverse the action of the county health officer
 With the above law written in our statutes, it is unnecessary for the health of the community to be hazarded while cases drag through the courts by appeal. The local deal CTS affected by the present campaign Of sanitation will be given fair and reasonable opportunity to comply with the regulations concerning screening against flies, dust and other contamination. If they decline to respect the law and hope to dis regard the rights of the public, then the axe must fall. It will fall"