ee
Course 154

The fundamental idea at the base of governmental action for the preservation
of the public health is that of nuisance. The powers which have been gradually
placed in the hands of health officials are based upon court decisions. These
decisions have established the right of the government to regulate the conduct
of its citizens in such a way that their acts or omissions do not materially or
unreasonably injure other citizens.

 

Sanitary powers are extraordinary and sweeping in character but must be
justified and reasonable.

(1) Arbitrary and summary power to deprive persons of liberty and
property.

(2) Check wholly or partly commercial operations.

(3) Disturb civie life to any extent deemed necessary.

1. Sources of Power

 

a. State. The sovereign power of the State as expressed through the
legislature delegates sanitary functions to certain boards or
individuals, The State reserves to itself any powers not delegated
to local communities or to the Federal government.

b. Local. Authority commonly vested in a local board of health or
governing body. Frequently in cities through charter.

¢. Federal. Only such powers as have been granted by State to central
government,

2. Application of Powers

 

These powers are applied through:

a. State Statutes establishing state and local boards of health and
Special acts such as pure milk acts or laws for physical inspection
of school children.

b. Local Ordinances. These are made by local boards or council to
make effective police powers to meet local condition.

 

5. Organization

The organization of the varidus official health agencies are based upon
statutes or charter provisions creating them.

a. Board - method of appointment, composition, term.

b. Personnel - powers of appointment, qualifications, tenure

c. Finances - legal method of securing funds.

d. Powers ~ extent and character of powers.
References: Hemenway, H. B.--Legal Principles of Public Health Administration
Goodnow--Constitutionel Foundations of Public Health

(U.S. Public Health Reports, Oct. 3, 1919, or Reprint 559)
Overton & Demno--The Health Officer, Chap, 1