The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-04-27
MORRIS DISCUSSES
STATE LAWS FROM
HEALTH STANDPOINT
Attorney General is Speaker at
Morning Session OF Con-
ference Here

The tendency of the last few years
in legislation has been toward over
regulation, resulting in an unfavor-
able reaction toward regulatory laws,
Attorney General James Morris told
the eighth annual conference of the
North Dakota Health Officers associ-
alton here Wednesday forenoon.
His address opened the second days
meeting of the group which will con-
clude its session late Wednesday. Dr.
H. H. Pfister, Wahpeton, discussed
the care of deciduous and permanent
teeth in relation to health. A SYM
postum on control of communicable
diseases, including poliomyelitis. meas
les and veneral diseases, occupied the
health officers most of the morning.
Reports of committees and election
of officers were scheduled on We'd
nesday afternoons program.
MANY times" Morris said, "the en-
forcement of police powers by the
state stirs up resentment among the
persons regulated. The tendency Of
the last few years in legislation has
been toward over-regulation. The re-
suit has been that a reaction has set
in wherein the public is getting out
of sympathy with the enforcement of
rules and regulations interfering
with their personal affairs. In North
Dakota we are licensing and regulat-
ing our citizens to the extent that JUS
titles such reaction"
Boards Have Powers
Discussing public health laws, Nor
ris explained that boards Of health
have been granted power to adopt
rules and regulations.
Under the laws of this state" he
said, "these regulations must be rea-
sonably adapted to carry out the pur-
pose or object of the specific laws to
which they refer. A board OF health
can not by rule or regulation chang
the law nor broaden the law to cover
any subject which does not come
within the scope of the law itself. 1t
is impossible to draw laws pertaining
to public health that are so complete
in themselves that they cover every
thing While the general rule Is that
law should be complete, still there
are many matters relating to methods
Or details which may be covered by
rules and regulations.
1.-The legislature does not have pow
er to delegate law-making authority
to any board or commission and an
attempt upon the part of the legisla-
ture to confer upon boards of health
power to make regulations broader in
scope than legislative enactment
would be contrary to the constitution
as an unlawful delegation of legisla-
tive authority. Therefore, rules and
regulations cannot be broader In
scope than the law itself and may
only relate to methods and details IN
volved in enforcing this specific
attitude on the part of health officials
ton is made"
Few to Supreme Court
Only four or five cases involving the
authority of health officials have
reached the state supreme court. Nor
ris said. With two exceptions, he
added, these cases shed little light or
the authority of board of health as II
exists under present laws.
THE successful administration Of
the health laws" the attorney gen
eral continued, depends much more
upon the attitude of the health Of
ficials than upon the attitude OF the
courts. Health officials have direct
contact with the public and insofa:
as the administration of health law;
is based upon a fair and reasonable
ttitude on the prt of health official:
they will be successful.
If the public believes that these
laws and the regulations OF the board.
of health throughout the state arr
fair and reasonable and have the bes
interests of the public generally. thel
will receive public support. It they
are being enforced merely because
they are the law and regulations, an.
with disregard to public interest ane
convenience, their enforcement WILL
of course, be met with Stubborn ane
at least partially justified resistance.