24, of the Revised Statutes, for the almost absolute and unrestrained control of the agencies affecting the public health. And it is upon this authority that the ordinance in question is based. Concerning the force and effect of such an ordinance, the Supreme Court of Illinois, in the case of Mason et al. v. The City of Shawneetown, (77 Ill. 533) says: "When an incorporated town or city has been invested with power to pass an ordinance, by the legislature, for the government or the welfare of the municipality, an ordinance enacted by the legislative branch of the corporation has the same force and effect of a law passed by the legislature, and cannot be regarded otherwise than as a law of and within the corporation. An ordinance is the law of the inhabitants of the municipality."

With this endorsement of their power, with the knowledge that every enlightened person has of the protection afforded by the use of reasonable care, and with the positive assurance that life will be the sacrifice if care is not exercised, how can any city or town councilman justify himself, here or hereafter, if for the want of attention to his duties in the passage of laws protecting the health of the citizen even a single life should be lost?

Respectfully submitted,

JAMES MCCARTNEY.

SUMMARY OF EXISTING LEGISLATION CONCERNING THE PUBLIC HEALTH.

State Board of Health Act:

An Act to Create and Establish a STATE BOARD OF HEALTH in the State of Illinois. Approved May 25, 1877; in force July 1, 1877. APPOINTMENT OF MEMBERS; TERM OF OFFICE; VACANCIES: Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Governor, with the advice and consent of the Senate, shall appoint seven persons, who shall constitute the BOARD OF HEALTH. The persons so appointed shall hold their offices for seven years: Provided, that the terms of office of the seven first appointed shall be so arranged that the term of one shall expire on the thirtieth day of December of each year, and the vacancies so created, as well as all vacancies occurring otherwise, shall be filled by the Governor, with the advice and consent of the Senate: And provided, also, that appointments made when the Senate is not in session may be confirmed at its next ensuing session.

POWERS AND AUTHORITY OF THE BOARD: § 2. The STATE BOARD OF HEALTH shall have the general supervision of the interests of the health and life of the citizens of the State. They shall have charge of all matters pertaining to quarantine; and shall have authority to make such rules and regulations, and such sanitary investigations, as they may from time to time deem necessary, for the preservation or improvement of public health; and it shall be the duty of all police officers, sheriffs, constables, and all other officers and employés of the State, to enforce such rules and regulations, so far as the efficiency and success of the BOARD may depend upon their official co-operation.

REGISTRATION OF BIRTHS AND DEATHS: § 3. The BOARD OF HEALTH shall have supervision of the State system of registration of births. and deaths as hereinafter provided; they shall make up such forms and recommend such legislation as shall be deemed necessary for the thorough registration of vital and mortuary statistics throughout the State. The Secretary of the BOARD shall be the superintendent of such registration. The clerical duties and the safe keeping of the bureau of vital statistics thus created shall be provided by the Secretary of State.

PHYSICIANS AND ACCOUCHEURS TO REGISTER AND REPORT: § 4. It shall be the duty of all physicians and accoucheurs in this State to register their names and postoffice address with the county clerk of

the county where they reside; and said physicians and accoucheurs shall be required, under penalty of ten dollars, to be recovered in any court of competent jurisdiction in the State, at suit of the county clerk, to report to the county clerk, within thirty days from date of their occurrence, all births and deaths which may come under their supervision, with a certificate of the cause of death, and such correlative facts as the BOARD may require, in the blank forms furnished as hereinafter provided.

REPORT OF BIRTH OR DEATH IN ABSENCE OF PHYSICIAN OR ACCOUCHEUR: § 5. Where any birth or death shall take place, no physician or accoucheur being in attendance, the same shall be reported to the county clerk within thirty days from date of [its] occurrence, with the supposed cause of death, by the parent, or if none, by the nearest of kin, not a minor, or if none, by the resident householder where the death shall occur, under penalty as provided in the preceding section of this act.

CORONERS TO REPORT DEATHS: § 6. The coroners of the several counties shall be required to report to the county clerk all cases. of death which may come under their supervision, with the cause and mode of death, etc., as per forms furnished, under penalty as provided in section four (4) of this act.

DISPOSITION OF PENALTIES: $ 7. All amounts recovered under the penalties herein provided shall be appropriated to a special fund for the carrying out of the object of this law.

COUNTY CLERKS TO KEEP REGISTERS AND RECORDS: § 8. The county clerks of the several counties in the State shall be required to keep separate books for the registration of the names and postoffice address of physicians and accoucheurs, for births, for marriages, and for deaths; said books shall always be open to inspection without fee; and said county clerks shall be required to render a full and complete report of all births, marriages and deaths to the Secretary of the BOARD OF HEALTH, annually, and at such other times as the BOARD may direct.

BOARD TO PREPARE FORMS FOR REPORTS: § 9. It shall be the duty of the BOARD OF HEALTH to prepare such forms for the record of births, marriages and deaths as they may deem proper; the said forms to be furnished by the Secretary of said BOARD to the county clerks of the several counties, whose duty it shall be to furnish them to such persons as are herein required to make reports.

MEETINGS OF THE BOARD: § 10. The first meeting of the BOARD shall be within fifteen days after their appointment, and thereafter in January and June of each year, and at such other times as the BOARD shall deem expedient. The meeting in January of each year shall be in Springfield. A majority shall constitute a quorum. They shall choose one of their number to be President, and they may adopt rules and by-laws for their government, subject to the provisions of this act.

OFF CERS AND COMPENSATION: $ 11. They shall elect a Secretary, who shall perform the duties prescribed by the BOARD, and by this act he shall receive a salary which shall be fixed by the BOARD; he shall also receive his traveling and other expenses incurred in

the performance of his official duties. The other members of the BOARD shall receive no compensation for their services, but their traveling and other expenses, while employed on business of the BOARD, shall be paid. The President of the BOARD shall quarterly certify the amount due the Secretary, and on presentation of his certificate, the Auditor of State shall draw his warrant on the Treasurer for the amount.

ANNUAL REPORT: § 12. It shall be the duty of the BOARD OF HEALTH to make an annual report, through their Secretary or otherwise, in writing, to the Governor of this State, on or before the first day of January of each year, and such report shall include so much of the proceedings of the BOARD, and such information concerning vital statistics; such knowledge respecting diseases, and such instruction on the subject of hygiene, as may be thought useful by the BOARD for dissemination among the people, with such suggestions as to legislative action as they may deem necessary.

APPROPRIATION: § 13. The sum of five thousand dollars ($5,000) or so much thereof as may be necessary, is hereby appropriated to pay the salary of the Secretary, meet the contingent expenses of the office of the Secretary, and the expenses of the BOARD, and all costs for printing, which, together, shall not exceed the sum hereby appropriated; said expenses shall be certified and paid in the same manner as the salary of the Secretary.

OFFICE ROOM: § 14. The Secretary of State shall provide rooms suitable for the meetings of the BOARD, and office room for the Secretary.

Powers of City Councils and Village Trustees:

CITY COUNCILS in cities and presidents of boards of trustees in villages, incorporated under the general law, have the following powers by Chapter 24 of the Revised Statutes, Section 26:

Seventh-To lay out, to establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and to vacate the same. Eighth-To plant trees upon the same.

Ninth-To regulate the use of the same.

Tenth-To prevent and remove encroachments or obstructions upon the same.

Eleventh-To provide for the lighting of the same.

Twelfth-To provide for the cleansing of the same.

Thirteenth-To regulate the openings therein for the laying of gas or water mains and pipes, and the building or repairing of sewers, tunnels and drains, and erecting gas lights: Provided, however, that any company organized under the general laws of this State, or any association of persons organized, or which may be hereafter organized, for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories, and lay down pipes in the streets. or alleys of any city or village in this State, subject to such regulations as any such city or village may by ordinance impose.

Fourteenth-To regulate the use of sidewalks and all structures thereunder; and to require the owner or occupant of any premises

to keep the sidewalks in front of or along the same, free from snow and other obstructions.

Fifteenth-To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground.

Sixteenth-To provide for and regulate crosswalks, curbs and gutters.

Twenty-first-To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. Twenty-seventh-To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city; and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such track may be crossed at any place on such street, alley or highway. To compel and require railroad companies to make and keep open, and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded.

Twenty-ninth-To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof.

Thirtieth-To deepen, widen, dock, cover, wall, alter or change. the channel of water-courses.

Fortieth-To provide for the cleansing and purification of waters, water-courses and canals, and the draining or filling of ponds on private property, whenever necessary to prevent or abate nuisances.* Forty-ninth-To establish markets and market-houses, and provide for the regulation and use thereof.

Fiftieth-To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same.

Fifty-second-To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf.

Fifty-third-To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal and other provisions.

Fifty-seventh-To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters.

Sixty-first-To prescribe the thickness, strength, and manner of constructing stone, brick and other buildings, and construction of fire-escapes therein.

Seventy-fifth-To declare what shall be a nuisance and abate the same; and to impose fines upon parties who may create, continue or suffer nuisances to exist.

Seventy-sixth-To appoint a board of health and prescribe its powers and duties.

Seventy-seventh-To erect and establish hospitals and medical dispensaries, and control and regulate the same.

* See, also, section relating to WATER-SUPPLY.