Progress Report of Public Health in Wisconsin Volume 21

Progress Report of Public Health in Wisconsin Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...95 Wis. 390. This was the case where a rule of the board of health requiring every child before entering the public schools of the city of Beloit to be vaccinated, was declared by our supreme court to be irregular and unconstitutional. It was decided that the state board of health is a purely administrative body and has no legislative power and none can constitutionally be delegated to it by the legislature. The court also held the provisions of Section 1409b, 1409c, 1409d, Sanborn & Berryman's Annotated Stats., authorizing the board of health to make such regulations "as may in his judgment be necessary for the protection of the people," from contagious diseases and giving them the power to designate what diseases are "contagious or dangerous to the public health" to be an unwarranted application of legislative power." The court said on page 402: "The true test and distinction whether a power is strictly legislative or whether it is administrative and merely relates to the execution of the statute law 'is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be and conferring authority or discretion as to its execution, to be exercised under and in pursuance of the law.' The first cannot be done. To the latter, no valid objection can be made." This case is a well considered case and our court in the said case of Stoltman vs. Lake County showed its determination to stand by the rule adopted in it. It seems very plain that under the rule adopted in the said case the order and rule adopted by the board of health of the town of Lake, near Milwaukee, is illegal and void. Mr. Britz states in his letter that he believed the court declared said rule of...
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Product details

  • Paperback | 68 pages
  • 189 x 246 x 4mm | 141g
  • United States
  • English
  • Annotated
  • annotated edition
  • black & white illustrations
  • 1236757629
  • 9781236757623