Show I ORDNANCE IS v VOID 0 j Case Against gaist School Board Dismissed i WILL WIL BE 4 HEALTH RA OA wiLL PROSE PROSECUTE PROSECUTE CUTE CT STATE W j The case ce against the tile six members embers of the boa of education who vere were ar arrested arrested rested on oi o a charge charle of resisting an or order order order der of tIe the tle health board bo was dismissed by Judge TImmony on pp a motion in tie e by the defendants The court ourt held that the ordinance under which wh h the prosecution euton would come ome was in invalid invalid valid ald in this case in that It I was passed and ard provided penalties for the violation of f orders of the health board when that beard bear had no authority over oyer the schools and when the council had no power to t delegate dele te authority to such board Consequently the penalties of that ordinance he held v could not be applied to infractions of rules made mad by bythe bythe bythe the health bealh board boar under Bunder authority in invested Invested invested vested in Jt t ten years after the ordinance ordinance ordinance nance had bad been passed as us in this case The he case cae if I taken up again will wl have to be prosecuted pr under the state laws Health Commissioner King said yes res yesterday yesterday that that would be done and that the board bard would be arrested again agin tomorrow under the te state laws Demurrer Demuer Argued Aged When the case was wa called yesterday Attorney Lindsay Rogers who represented r represented pre the defendants withdrew the pleas Ples of not guilty which h had been made by W J Newman A J 3 Giauque Simon Bamberger and L F Branting and in behalf bEhalf bf hr them and Oscar Moyle and Joseph Geoghegan Geohegan present presented ed a motion moton in demurrer asking that the complaints be dismissed by b the court court The demurrer set forth fort that the facts set forth in the complaint did dd not constitute a public that the court was without jurisdiction to try t y or determine the matters set forth in that complaint and that the city council did not have power to Impose for forthe forthe forthe the violation of orders of the th board of health In his argument Mr Air Rogers said that the complaint did not charge the de defendants defendants d with violating a city ordinance ordinance ordinance nance nor a statute of the th state but butan butan butan an order of the board of ot health over which he claimed the ordinance ce in question queston had no authority The ordinance ordinance ordinance nance which was passed in May Ma 1890 provides a penalty of from 5 to for any violation of orders and regu regulations regulations regulations lations made nade by the health board but Mr Lindsay declared that the ordinance ordinance nance was invalid because when it I was passed the health board had no dele delegated delegated gated powers from the legislature and the city council had haa ha no delegated pow power power er to confer power on the board and consequently had h d no authority to Im Impose impose impose pose penalties for tOr violations of rules rule made nae by that board The attorney stated that in the legislature did confer power on the health board and nd that after that time the te city council counci had power to provide penalties for the violation of its it rules but the council counci had not done it i and therefore the old ordinance could not be applied to the rules made mae by the board under the grant of its it powers in 1899 City Attorney Stephens argued arged that the only question queston was wa whether the had the authority to make the ordinance and he held that it had h d dunder Under the section which says that the council shall have Jower to establish Joer a health board and define its 2 is powers and under the general welfare clause which says that tat the council shall have authority to make health regulations they the had power to t impose a penalty penal for offenses that come under authority granted gan ted by the state state Judge TImmony in a few words said that it I was wac wa clear cear to him that the ordinance ordInance ordinance nance was wa invalid and ordered the case dismissed Dr King said sid that he would take im irn immediate mediate steps st ps to have ave the members of the board bard arrested under the he state stat law lawand lawand lawand and would swear swea out warrants warrant for them tomorrow According to the decision in this case the city council will have to enact a anew anew anew new ordinance in relation to the health board bOrd and Its is authority over oer the schools before such eases cases as a this can be b handled handl under the city law |