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1. Must there be some formal regulations adopted and made of record by a local board of health, and published before they are enforceable?

2.

Are regulations made by the State Board of Health, binding upon local boards, without further endorsement by local boards?

3. Can a local board, or any member thereof, proceed to "isolate," "order," "regulate," or make "efficient provision," without a formal meeting and action as a body? Can they act verbally, as each case arises, according to its own circumstances, or must there be some formal record action, as a body. first taken?

ANSWER. 1. Regulations must be formally adopted and made of record by a local board of health They should be prepared in the form of rules or ordinances, and cover all the ground deemed necessary to carry out the intent and purpose of the law, and object of the board.

2. The Attorney-general says, "I think it is the purpose of the law to give the State Board superior control over all matters relating to public health. Local boards have the power, and are required within their respective jurisdictions, in case epidemic disease is developed, to take such measures as may be deemed necessary for the safety of the inhabitants. See section 22, chapter 151, of the acts of the eighteenth general assembly. But even the local board has no authority to do away with the restrictions that have been previously established by the State Board, nor any right or authority to change a condition with respect to a patient, that had been established under the regulations of the State Board. The object of the law is to furnish methods, means or agencies, for preserving and protecting life and health. The State Board is invested with power in this matter, extending over the whole State. It is the duty of all persons to observe the regulations it has established, because in legal contemplation, as well as in fact, they have been established for the public good.

3. A local board of health under chapter 151, laws of 1880, can not delegate its powers to a committee, nor to any person. The statute provides for meetings of the board at any time that the necessities of the health of

Decisions of the State Board.

their respective jurisdictions may demand. They must meet as a board and act as a unit, as each case arises, according to its own circumstances, and make such regulations as may be deemed necessary to the protection of the public health. This action must be of record; (Young vs. Black Hawk County, 64 lowa, 460). A local board can not delegate its descretionary powers to a committee, nor to its health officer.

When the council of a city, or incorporated town, adopts health regulations as ordinances, such regulations, and the enforcement of them would come within the purview of the law governing the corporation. If the local board of a city or town adopt health regulations under the provisions of chapter 151, laws of 1880, the council of such city or town, may enforce such regulations by an ordinance providing a penalty for violations of such regulations, (State vs. Holcomb, 68 Iowa, 107).

Has local board the right to return children who come from a family in another town, where one died from malignant diphtheria, and another was sick when they left?

ANS. No. The statute prohibits the placing upon any railroad car, or other public conveyance, any person infected with a contagious disease. They must be cared for and quarantined where they are.

What shall be done with physicians who neglect or refuse to report contagious diseases occurring in their practice to the local board?

ANS. They should be prosecuted. A city or town, may by an ordinance provide a fine as penalty for the violation of regulations made by the local board of health.

Does the health law apply only to cities and towns?

ANS. In plain, unmistakeable language, it applies to every city, town and township in the State of Iowa.

Is it the design of the State Board that membraneous croup shall be quarantined the same as diphtheria?

ANS. Yes.

Where butter is made in a small room detached from the living room of a family in which is diphtheria, and the family and friends are constantly having more or less to do with the butter making, what shall be done with the butter?

ANS. The local board should peremptorily prevent its sale or use.

Where milk and cream is gathered for a creamery from a house in which there is scarlet fever, what should be done?

ANS. The gathering of cream should be stopped, and the premises quarantined. Milk is one of the greatest absorbents of contagion known. Where a contagious disease exists in a State institution, has the local board power to place danger cards or signals on such institutions, or to quarantine them?

ANS. Yes, emphatically, and it is their duty to do so. The statute makes no distinction between State institutions and the premises of private citizens.

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Decisions of the State Board.

Where an incorporated town is within a township, a contagious disease appears within the town, the local board of the town takes no action regarding such disease, and does nothing to suppress it, can the local board of the township take action thereon?

ANS. A local board of health has no jurisdiction beyond the town, city or township of which it is the board. In the case put, the township board would have no jurisdiction within the town, and vice versa. But the township board may protect its community by quarantine against the town, and take such measures as may be deemed necessary to protect its community from exposure. The local board of the town may be compelled, by proceedings in mandamus, to perform their official duty in the premises.

1. Can the mayor and aldermen of a city, at a meeting of the council, fix the compensation of, and elect a health officer?

2. Is it necessary that the council organize as a board of health before they elect a health officer, and fix the compensation he shall receive?

3. Where a city council has for several years, at regular meetings of the council, elected a health officer and fixed his compensation, and thus transacted all other business pertaining to the board of health, and the record of such proceedings have been kept as a part of the records of the council, is such action legal? Has the council conformed to the statute? . Would orders and regulations, emanating from such action be legal?

4. Must the records of a local board of health be kept in a separate book?

ANS.-1. No. A city council is governed by the laws of municipal corporations. A local board of health is governed by a special statute. A city council and a local board of health in legal contemplation are separate bodies, and have distinct functions and duties under the different statutes creating them. Neither can act in the name of the other.

2. Yes.

3. No. The election of a health officer of a local board must be in accordance with the provisions of section 14, chapter 151, laws of 1880. The same section also provides that a local board of health shall fix the compensation of all persons employed by them in the execution of the health laws, and of their own regulations. The supreme court says that when the statute requires certain duties to be performed by public officers, it can be done in no other way nor by any other person.

An exception to this rule, would be where a city or town council adopted health regulations as ordinances, in which case proceedings could be had under their corporate powers.

4. The records of a local board, under chapter 151, laws of 1880, must be kept separate, except as set forth in the answer to interrogatory three. Can a local board of health, at a regular recorded meeting, delegate to the health officer power to establish or release quarantine at his pleasure? ANS. No. The board may direct the health officer to execute an order of the board to establish or release quarantine, but the discretionary power to make the order is vested in the local board.

Is it sufficient if a local board adopt a resolution declaring that all regulations made by the State board, regarding contagious diseases, shall be the rules of such local board?

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ANS. Yes, provided the regulations are specifically set forth, and made of record by the local board.

It is claimed by our attorney that the rules and regulations of the State board, Form 13 B, are simply recommended to local boards for their adoption, and are, therefore, not of binding force upon the people as regulations of the State board.

ANS. The regulations referred to were adopted by the State board, and officially declared, as made by the board. They are also recommended for adoption by local boards for the purpose of giving them all the efficiency under any specific authority which local boards may have, and not possessed by the State board, as in the case of city and town councils.

Has a local board power to make regulations requiring dogs running at large to be muzzled, and ordering dogs not muzzled to be shot?

ANS. Local boards have the power to make such regulations as are deemed necessary to protect the life and health of the people in their jurisdiction. Rabies is an infectious, and fatal disease, and a local board can make such regulations as they deem best to prevent it. To require all dogs running at large, to be muzzled, is in the nature of quarantine. As there might be a question as to the power of a local board, to provide penalties, it would be better, for the city or town council by an ordinance, to provide that all dogs found running at large without a muzzle, in violation of regulations of the local board, shall be shot. This the council may do.

A few weeks ago a rabid dog appeared in this community and several cows and hogs were bitten by it. Some of the animals have since died. One farmer had nine hogs bitten. What should be done with these animals? Should they all be killed? The owners claim they cannot afford to lose them. If required to kill them can they recover compensation therefor?

ANS. Animals bitten by a rabid animal do not always become infected with rabies; hence it is not necessary to kill an animal so bitten, but all animals known to have been bitten should be kept under strict surveillance, so as to prevent danger to other animals. There is no provision of law whereby compensation can be recovered from public funds for animals killed in such cases. Recovery could be had from the owner of the dog, if it could be shown that he permitted the animal to run at large, knowing it to be rabid. The supreme court says that section 1485 of the Code, imposes liability upon the owners of dogs for all injuries done by them.

It is pertinent here to direct the attention of local boards to the importance of performing their duties as public officers, in making such regulations as will protect their jurisdiction against rabid dogs, by requiring all dogs running at large to be securely muzzled, supplemented in cities and towns by an ordinance that all dogs found running at large within the limits of the city or town between certain fixed dates shall be shot. It is folly to wait until some rabid animal has caused serious loss of life and property.

It is claimed by a member of our local board that the health officer has no authority to order a nuisance abated, as for instance, to clean up a hog pen, or remove filth from premises, etc.; that he has only authority to make sanitary investigations and report to the board, and that the board must convene for the consideration of each and every complaint, or that they must be

Decisions of the State Board.

in session to consider such complaints. That complaints made ad interim must lie over until a meeting of the board is had.

ANS. The remedy for the difficulty presented is simple. It is only necessary for a local board to provide by general regulations that within the jurisdiction of the board no hog pens shall be kept within a certain distance from any dwelling house, and that they shall be cleaned once each week, between May and November, and shall be kept clean. This may be supplemented in a city or town with an ordinance providing that any violation of regulations made by the local board of health shall be deemed a misdemeanor, and be punished by a fine of not less than twenty-five dollars. In case of quarantine for contagious disease, the supreme court seems to make the distinction that the statute requires the local board to meet in each case and make such regulations as are necessary therein; that no member of a board, nor the health officer can establish quarantine. When regulations have been made and promulgated by a local board, the board may direct the health officer or a peace officer to enforce them.

In the organization of a local board, must it be done by resolution, or by ordinance?

ANS. Local boards are already organized by statute. It is only necessary to elect a president and health officer and proceed to business. All proceedings of the board should be reduced to writing and made of record.

Has a local board of health any further duty after a quarantine has been established, until the quarantine period expires?

ANS. Most assuredly they have, The intent and object of the statute is to protect the public health, and prevent the spread of contagious diseases. For that purpose local boards of health were created, and it is made mandatory upon them to take such measures as will secure that result. It is, therefore, their duty, not only to enforce quarantine regulations within their jurisdiction, but to make all necessary provision for the support and comfort of persons restrained; that nurses and other needs are supplied when necessary. In the event of death, they must prevent the holding of a public funeral. In fact, and in contemplation of law, they must have general supervision of premises quarantined during the entire period of restriction, and not until then are they released from duty in any case whatever.

Where the trustees of a township purchased land for use as a cemetery, and by the annexation of territory to an incorporated town the cemetery was merged in the annexation, does the town or the township control the cemetery?

ANS. While the title in fee simple remains in the original owners, the township, the right to control the use of the cemetery is unquestionably in the incorporated town, and by order of the council or local board of health of the incorporated town, it may be closed entirely.

Does the local board of health of a township have the right to use the township funds for the payment of the salary of the local board?

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