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Kerosene Carter, Gibson, Shrader.

Legislation-The Board.

Library-Conniff, Scroggs, Guilbert.

Plumbing-Dickinson, Carter and the Secretary.
Printing-Carter and Dickinson.

Publications-Scroggs, Gibson, Shrader.

Rules and Regulations-Remley, Guilbert, Gibson.
Schools-Carter, Bancroft, Conniff.
Tuberculosis-Shrader, Gibson, Bancroft.
Ventilation-Scroggs, Shrader, Carter.

FUNCTIONS OF THE STATE BOARD OF HEALTH.

An erroneous opinion very generally exists throughout the State as to the powers and functions of the State Board of Health.

Under the new Code, the following sections contain all the powers and duties of the Board, which are found in Chapter sixteen, Title XII.

SEC. 2565. The Board shall have charge of and general supervision over the interests of the health and life of the citizens of the State, matters pertaining to quarantine, registration of marriages, births, and deaths, authority to make such rules and regulations and sanitary investigations as it from time to time may find necessary for the preservation and improvement of the public health, which, when made, shall be enforced by local boards of health and peace officers of the State. It shall prepare and furnish through its Secretary to the clerks of the several counties, such forms for the record of marriages, births and deaths as it may determine upon, and by its Secretary make biennial reports to the Governor, which shall include so much of its proceedings, such information concerning vital statistics, such knowledge respecting diseases, and such instruction upon the subject of hygiene as may be thought useful for dissemination among the people, with such suggestions as to further legislation as may be thought advisable.

SEC. 2574. The Secretary of the State Board of Health shall receive such salary as the State Board shall fix, not to exceed twelve hundred dollars yearly, payable upon the certificate of the President to the State Auditor, who shall issue his warrant for the amount due upon the State Treasurer. Each member of the Board shall receive only actual traveling and other necessary expenses incurred in the performance of his duties, such expenses to be itemized, verified, certified, audited, and a warrant drawn therefor in the same manner as the Secretary's salary.

SEC. 2575. The sum of five thousand dollars, or so much thereof as may be necessary, is annually appropriated to pay the salary of the Secretary, expenses of the Board, contingent expenses of the Secretary's office, and all costs of printing; all such contingent and miscellaneous expenses to be itemized, verified, certified, audited, and paid as other expenses of the Board.

The theory of this statute is to vest in local boards the authority to protect the public health, prevent and control contagious diseases, and abate nuisances affecting the health of the public. To this end the remainder of the chapter, with the exception of sections 2564, 2566 and 2567, is made directory to such boards, and it is only in cases of emergency that the State Board is given authority to enter their jurisdiction with superior authority.

The powers and duties of the State Board are so clearly defined they cannot be misunderstood. There is much that might be done beneficial to the public health outside of the present means of the Board, and which would be energetically undertaken, but for the limitations of the statute. A noticeable instance in this respect is that of nuisances.

Frequent application is made by petition of citizens to the Board to aid in securing the removal of a nuisance caused by a stock-yard or a creamery, averring they are unable to secure relief through their local board because members of the board are owners of, or have pecuniary interest in the causes of the nuisance. There are also complaints of slaughter-houses, improper sewerage or drainage, hog-pens, unburied dead animals, etc., all of which are, or may become greatly injurious to the health of the community wherein they exist.

The Board is regretfully compelled to turn a deaf ear to such requests for the reason that the statute has given it no authority to abate a nuisance or make any order therefor. The authority to do so is vested in local boards, and it is made their duty to provide such regulations, and take such action as will protect the public health and prevent the doing of anything which injures or annoys the public in the fullest enjoyment of life and health. Whatever contaminates the air and water of a community is a nuisance.

Where a local board neglects or refuses to act in relation thereto any citizen may petition the district court for an injunction against the nuisance. An action may also be brought against the members of the local board for neglect of official

duty. The city or township is also liable for all damages that may accrue by reason of the neglect or malfeasance of such local board. For instance, there is an outbreak of small-pox or diphtheria, or any preventable contagious disease; or there may be a nuisance in the community injurious to the public health, and the local board of health neglects or refuses to take the necessary measures to prevent and abate the same, whereby there is loss and damage to the individual, the board would be liable for such loss or damage, and in the event of loss of human life they would be clearly liable to indictment for manslaughter. Local boards should thoroughly understand their duties and responsibilities under the law and execute them faithfully and impartially. The people have the right to expect and demand that this shall be done. The expediency of a statute is not a question for local boards to determine. Their duty is to execute the law as it is, not as they or even their community may think it should be. If they cannot and will not do this they should resign their office.

Another mistake in regard to the functions of the State Board of Health relates to the practice of medicine. This Board has no jurisdiction whatever in such matters. Indeed the only reference in the old Code to physicians and midwives. was a requirement to register their names and addresses with the clerk of the court of the county in which they practiced, and to report to such clerk all births and deaths occurring within their practice. Under the new Code even this small service is not required, and the only reference whatever to physicians is the simple statement that at the annual meeting of the local board a competent physician shall be elected health officer of the board.

The State Board of Health and local boards have nothing whatever to do with issuing certificates to physicians or with the prosecution of physicians or midwives who may be violating the medical practice act— a statute entirely distinct from the statute relating to the State Board of Health. The Board of Medical Examiners only in part consists of members of the State Board of Health.

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cially of children. It is estimated that the milk supply of the United States amounts to about twenty-five and one-half gallons to each person per year, or an ordinary sized tumblerful each day.

Hitherto science has given its effort principally to cheapening and improving butter and cheese. Rarely has it given attention to the milk production of the farm. Sanitarians have recently taken up the work, and special effort is being made to secure pure milk.

"All healthy cows may be trusted to perform their part well in the production of wholesome milk," said Mr. George Abbott in his work on milk legislation. But between the trusty cow and the consumer, and the children especially, stand the nasty barn and yard; the unclean udder; the filthy milker; the unclean milk vessels, the impure water, and the convenient pump, supplemented with dairies, groceries, lunch rooms, and eating houses generally. Added to all these are the present conditions of civilization, especially in cities and towns, respecting hygiene, proper exercise, ventilation, dietetics and dress, which

have wrought such deterioration of women as to render them unable to properly nurse their children, thus forcing them to artificial feeding, and to the use of that abominable, murderous invention, the rubber tube and nipple.

These are the objective points of present effort, and it is a pleasure to state that rapid progress is being made to abolish these intervening menaces to the purity of milk for the adult as well as the babe. Already, near the cities of Boston, New

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tion of milk for use in families and nurseries in its natural condition. The barns and milk houses are constructed and kept in strict accord with the most approved sanitary science. The cows are selected for their milking qualities, and tested with tuberculin before admitted to the herd. They are given the best and most nutritious food. The milk is protected, from the

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