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presumed that the Legislature, by the mere use of the words person or persons, meant to extend the right to individuals which it had not previously granted to them, except on complying with the forms of incorporation prescribed in the act.
It was the obvious intention of the Legislature, by the passage of the Cemetery act, to provide a secure and final resting place for the dead. Such is the meaning and effect of the various provisions of immunity and exemption above quoted. It is not to be presumed that the Legislature would have carefully guarded all those rights to. persons purchasing lots of' associations, and at the same time have left the door open to private persons, to make as many contracts without safeguard or immunity as they saw fit.
Second. Public policy, as disclosed by the provisions of the Cemetery act, as well as represented by the general interests of the public, requires that the scope of this act should not be extended by the State Board of Health. The power the State Board is called upon to exercise on this application is found in an act whose only provisions relate to corporations.
I shall not repeat the arguments I made orally before the committee on this point of public policy. They are sufficiently manifest, I assume, to every member of the State Board of Health. If these safeguards above quoted, made by law for the benefit of lot-holders in cemetery associations, are of any importance, then public policy requires that no cemetery should be established where these safeguards do not exist.
And the argument on the ground of public policy should be supplied by the State Board in the interpretation of this act by way
of limitation upon the powers of the Board in the direction here argued for.
Incidentally, I may mention another provision of the Cemetery act, which has an important bearing upon the meaning of the Legislature in this series of enactments.
The act of March 23d, 1883 (Supplement to Revision, p. 76), provides that no more than three cemeteries shall be located or placed under or by virtue of the act to which that is a supplement, in any one city, township or town.
Now, at the time that the act was passed it certainly would have been illegal to establish any cemetery under the act to which that is a supplement, except the cemetery were owned by an association; because only cemetery associations could locate a cemetery under the act.
If, however, the contention that the board has power to grant permission to individuals is to prevail, then this restriction to the threeis nullified, because the act under which the board is now able to do so was passed in 1885, while the act restricting the number of cemeteries to three, under the act, was passed in 1883. Therefore, although three cemeteries should have been heretofore located by cemetery associations and incorporated under this act, in any township, it would still be competent if the opposing view is to prevail for the State Board to authorize any number of individuals to locate cemeteries.
I respectfully contend that the applicant has no right under the statutes to the authority which he asks for, and that if such authority were given by the board it would be a nullity. The matter is one
a within the discretion of the State Board of Health, and that discretion should be exercised in the interest of the public and not of the individual applicant. The provisions of the Cemetery act indicate the nature and character of the public interests, which ought to be recognized and preserved in the establishment of a cemetery. No one of these interests would be preserved in a cemetery controlled by Mr. Vermeulen. The very highest public considerations, therefore unite to impel the State Board to exercise their discretion adversely to this individual claimant.
John W. GRIGGS,
Of Counsel with Opponents. Contagious Diseases of Animals. During the fall of 1900 an unusual number of cases of glanders occurred in Essex county, but the cause was traced to the collection of many cheap animals for use upon public works then in progress, and the prompt destruction of the infected animals speedily terminated the outbreak. The veterinarians employed in the detection and destruction of diseased animals have rendered highly satisfactory service, and this department of the work of the State Board of Health was never more efficiently organized than at present. A detailed statement of the cases which occurred during the year appears further on in this report.
Maritime Quarantine. The continued occurrence of cases of plague in several ports on the Atlantic coast of South America, and the recent appearance of this disease in Liverpool, has led the State Board of Health to extend the period during which the examination of vessels from foreign ports shall be made, and hereafter, until further action is taken, the inspection of all such vessels which may arrive at the port of Perth Amboy will be made throughout the entire year.
Local Sanitary Administration.-In New Jersey there are 434 sanitary districts, and the authorities of each district are at liberty to take active measures for the protection of the public health, or they may,
if they are so disposed, altogether ignore the considérations affecting health which neighboring communities regard as highly important, each township and municipality being authorized by their laws to deal with sanitary questions in accordance with the wishes of the residents of the locality. In but a small number of these districts is an
inspector employed who has received instruction in the practice of the årt of hygiene. Carpenters, masons, bakers, blacksmiths, plumbers, painters, all find it necessary to undergo a period of training before they are accepted as competent to ply their various trades in a workmanlike manner and before they can become proficient in the department in which they desire to labor, yet a novice in sanitation, usually one who has not the slightest previous acquaintance with the recognized measures for the protection of the public health, is entrusted with the discharge of duties which, if well done, may save human lives, but if unskillfully performed, invite and often insure the spread of diphtheria, scarlet fever and small-pox, and lead to needless suffering and untimely deaths. How long will the citizens of New Jersey permit this sort of administration of the health laws to continue ? For the improvement of the local sanitary inspection service the foldowing bill was prepared and introduced during the legislative session of 1901. The bill failed of passage, but many friends of the measure have expressed a desire for the protection which its provisions would supply, and possibly its re-introduction may result from the public interest which is being taken in the effort to secure for sanitary officers a more intelligent comprehension of the limitations as well as of the life-saving value of the reasonable enforcement of the health laws.
A FURTHER SUPPLEMENT to the act entitled “An act to establish in this state
boards of health and a bureau of vital statistics, and to define their respective powers and duties,” approved March thirty-first, eighteen hundred and eighty
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey :
1. To the end that local boards of health may be enabled to secure the services of trained sanitary inspectors, the board of health of the state of New Jersey shall recommend to the governor five citizens of this state, whom the governor shall appoint as a board of examiners of sanitary inspectors; the members of such boards sha'l be appointed for the term of five years and until their successors are duly appointed, except that the members thereof first to be appointed shall be commissioned, one for one year, one for two years, and one for three years, one for four years, and one for five years; their successors shall be recommended and appointed in like manner for the term of five years each ; any vacancy occurring in said board may be filled in like manner for the unexpired term only; the necessary expenses of the said board of examiners, for transportation and subsistence, after having been certified to by the state board of health, shall be paid by the state board of health, provided appropriation therefor is made by the legislature.
2. The board of examiners of sanitary inspectors shall meet at least semi-annually, at such time and places as by their by-laws or rules they may designate, for the purspose of examining applicants for license as sanitary inspectors; every such examina
tion shall be in such subjects and conducted in such manner as may be satisfactory to the board, and every applicant whose examination shall be approved by said board shall receive from said board a license to act as sanitary inspector for any local board of health in this state.
3. No local board of health shall, on or after the first day of January, nineteen hundred and three, appoint any person as sanitary inspector who is not the holder of a sanitary inspector's license, granted as in this act above prescribed; provided, that nothing in this act shall be understood to prevent the continuance in office of any person now serving as an appointee of any local board of health; the title “sanitary inspector," as used in this act, shall be understood to apply to such appointees of local boards of health as may be assigned, by the said local boards, to duties relating to the inspection of premises, and the performance of such other service as now is or hereafter may be authorized by the laws or ordinances, so far as they relate to the protection of the public health, other than the duties of clerical assistants in the office of the board.
4. In addition to the subordinate officers and agents which every local board of health is now authorized to appoint, it may, whenever it deems it expedient so to do, by ordinance create the office of medical officer of health for the locality within which such local board of health has jurisdiction, and may appoint to such office any physician in good standing authorized to practice medicine in this state; such medical officer of health shall hold office for the term of five years from the date of his appointment, unless sooner removed for cause, and shall receive such salary for his services as may be fixed by ordinance; he shall be the executive officer of the local board appointing him, and, subject only to the authority of the local board, shall have command of the board's subordinate officers and agents in carrying into effect. the orders of the board.
5. This act shall take effect immediately.
For the better enforcement of the act approved March 31st, 1885, local boards of health are advised to obtain from each ice dealer, on or before April 1st, of each year, a written statement showing the sources from which the natural ice to be sold by the dealer has been harvested. If any such ice dealer should refuse or neglect to furnish such a statement, an inquiry should be at once instituted by the health board, to learn the sources from which the ice supply of the dealer in question is obtained. And no permit for the sale of ice should be issued to any such dealer until the board is satisfied that the waters from which the ice is cut are free from pollution.
Authority for preventing the sale of ice from impure waters is contained in the following act :
An Act respecting the cutting and sale of ice in the cities of this state, and giving
to boards of health in such cities power to regulate and control the same. 1. That no ice shall be cut for the purpose of being sold or used in any city of this state from any pond, creek or river within the limits of any such city, unless a permit therefor shall be first obtained from the board of health of such city, and no person or persons shall sell or deliver any ice in any city in this state without first obtaining a permit therefor from the board of health of such city, and it shall be lawful for any such board of health to refuse a permit and to revoke any granted by them as aforesaid when in their judgment the use of any ice cut or sold, or to be cut or sold, under the same is or would be detrimental to the public health.
2. That the board of health of any city may prohibit the sale and use of any ice within the limits of such city when in their judgment the same is unfit for use and the use of the same would be detrimental to the public health, and the said board may prohibit and through its officers stop, detain and prevent the bringing of any such ice for the purpose of sale or use into the limits of any such city, and also in the same manner stop, detain and prevent the sale or use of any such ice found within the limits of such city.
3. That any person or persons who shall violate any of the provisions of this act or who shall attempt to cut, sell or bring into any city any such ice after being notified by said board of health or its officers not to do so, shall be guilty of a misdemeanor, and on conviction shall be sentenced to imprisonment in the county penitentiary for a term not to exceed six months, or to pay a fine of five hundred dollars, or both, in the discretion of the court; and it shall be lawful for the officers of said board of health or the police officers of any such city to arrest on sight any person or persons who shall be found violating any of the provisions of this act.
Approved March 18, 1885.
A supplement to the foregoing act, approved March 8th, 1888, extends the provisions of the act to every locality in the State.
Local boards of health in several sanitary districts have made efforts to restrict the spread of consumption, and it is extremely desirable that lines of procedure shall be chosen which have the approval, and which will attract the co-operation of members of the medical profession. The Legislature has enacted a provision (see chapter 36 of the laws of 1900) which empowers every board of education to cause instruction to be given in the public schools, both to teachers and to pupils, concerning the means which should be employed to promote health and avert disease, and members of local boards of health can do much toward securing the inauguration of systematic medical inspection of public school pupils and the teaching in the public schools of personal hygiene. When regular instruction of