Eaton, Dorman B. (Dorman Bridgman), 1823-1899; Public health -- New York (State) -- New York; Sanitation -- New York (State) -- New York
The original draft having been approved by the Committee on Health, Mr.
Eaton was requested to perfect the bill by adding the legal provisions.
As he had recently made a study of the English health laws, he
incorporated many items especially relating to the powers of the Board
which were quite novel in this country.
[Sidenote: An Anomaly in Law]
One feature of the bill deserves mention; for it is an anomaly in
legislation and apparently violates the most sacred principle of
justice; viz., the power of the courts to review the proceedings
of a health board. The Committees concluded that a board which was
authorized to abate nuisances “dangerous to life and detrimental to
health” should not be subjected to the possible liability of being
interrupted in its efforts to abate them by an injunction that would
delay its action. Accordingly the law as so drawn that the Metropolitan
Board was empowered to create ordinances, to execute them in its own
time and manner, and to sit in judgment on its own acts, without the
possibility of being interrupted by review proceedings or injunctions
by any court.
Its power was made autocratic. The language of that portion of the bill
conveying these powers was purposely made very technical, in order
that only a legal mind could interpret its full meaning, it being
believed that the ordinary legislator would not favor the measure if
he understood its entire import. It is an interesting fact that the
first case brought into court under the law was an effort to prove the
unconstitutionality of this feature; but it was carried to the Court of
Appeals, and its constitutionality was sustained by a majority of one.
[Sidenote: Introduction of an Epoch-Making Bill]
On the assembling of the Legislature of 1865 the Metropolitan Health
Bill was formally introduced into both houses, and preparations made to
secure its passage. Mr. Eaton was selected by the Citizens’ Association
to advocate the legal provisions of the bill at the hearings before
the committees of the Legislature, and I was delegated to explain the
sanitary requirements of the measure. The first hearing occurred on
the thirteenth of February, before a joint committee of both houses,
Hon. Andrew D. White, senator, presiding. A large audience was present,
including the City Inspector and the usual retinue of office holders
in his department. The Citizens Association was represented by Rev.
Henry W. Bellows, Dr. James R. Wood, Dr. Willard Parker, Prof. John W.
Draper, and several other prominent citizens, in addition to Mr. Eaton
and myself.
Mr. Eaton first addressed the committee, and made an admirable
presentation of the legal features of the bill. He eloquently appealed
for its enactment into law, in order to create in New York a competent
health authority, with power to relieve the city of its gross sanitary
evils and adopt and enforce measures for the promotion of the public
health.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account