Eaton, Dorman B. (Dorman Bridgman), 1823-1899; Public health -- New York (State) -- New York; Sanitation -- New York (State) -- New York
When our health bill came from the hands of Mr. Eaton it was evident in
every line that he had made an exhaustive study of the English health
code and had become thoroughly imbued with its spirit. The language
was not altogether familiar, and in the involved sentences there were
intimations of extraordinary powers quite unknown to our jurisprudence.
When he brought the completed bill before the Legal and Medical
councils for adoption it was subjected to a most searching criticism.
While most of its sections were clear and readily understood, there
were portions which were so obscure, owing to the methods of expression
employed, that the legal members were in doubt as to the proper
construction to be put upon them, while the medical members were
altogether at a loss as to their meaning.
[Sidenote: A Board With Extraordinary Powers]
Mr. Eaton explained the theory of modern health legislation as
illustrated by the English laws, and contended that a thoroughly
organized and efficient board of health must have extraordinary powers,
and must not be subordinated to any other branch of the civil service,
not even to the courts. What it declared to be a nuisance--dangerous
to life and detrimental to health--no one should call in question. When
it ordered a nuisance to be abated within a given fixed time no mandate
should avail to stay its action or the enforcement of its decree.
A board of health, in his opinion, should make its own laws, execute
its own laws, and sit in judgment on its own acts. It must be an
_imperium in imperio_. England, the foremost country in the world in
the cultivation of sanitary science and in the application of its
principles to practice, had by its legislation for a quarter of a
century established a precedent which it was right and safe for us to
follow.
He predicted that if this bill became a law its operations would be so
beneficial that it would not only become very popular in this city,
but that it would be the basis of future health legislation in this
country. He believed, however, that no legislature would pass a bill
containing such powers if these powers were made a prominent feature
of the bill. For that reason he had adopted that involved expression
peculiar to English law which required a judicial interpretation to
determine the precise meaning. The bill was approved in the form
presented by Mr. Eaton, and preparation was made to secure its passage.
[Sidenote: The Fight for the Bill]
Public-domain text, read in full here on John Shaqi.
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