50 So. 265 | Ala. | 1909
This is a proceeding in the nature of a quo Warranto, challenging the right of respondent to exercise the functions of city bacteriologist, created by an ordinance of the city of Birmingham approved January 5,1908. It is not denied that respondent was elected to the office in question, nor is there averment that he is in any respect disqualified to hold the same. The controversy between the parties relates to the right of the municipality to create an office with the powers and functions conferred by the ordinance upon the respondent; the argument for the relators being that the ordinance is in contravention of the laws of the state, which is to say that respondent, acting under the color of the ordinance, is wrongfully exercising the functions which, under the general law of the state, pertain.to the health officer of the city of Birmingham. In the act approved October 9, 1903 (Gen, Acts 1903, p. 499), an elaborate system was amended, reconstructed, and provided for
The health and quarantine law and the municipal code law cover in part the same field so far as cities and towns are concerned. The fact that they were passed by the same Legislature, and so nearly together, creates a strong presumption that no conflict was supposed to exist. We find no conflict in the letter of the two statutes. Nor do we think the duties imposed by the ordinance upon the bacteriologist are of such nature as to give rise to conflict between that official and the health officer provided for in the health and quarantine law. The former is nothing 'more than’ an agent for gathering information, as the ordinance shows. Such information will be valuable to the officers and people of the municipality in the conduct of its government within the limits of its unquestioned powers. It can in no wise curtail the powers of the health officer, nor interfere with their complete beneficial exercise, that one or a dozen bacteriologists appointed- or elected by the city may cover the same ground for the purpose of getting information. We discover in the health and quarantine laws of the state no expressed or implied purpose to deny to a municipal corporation the authority to procure for the use of its officers and people, in the administration of their affairs, expert knowledge of things which may affect the safety, health, and comfort of the community.
In view of some expressions in the opinion of the learned judge of the trial court, made a part of the record here, we remark that this proceeding can have no effect upon the official status .or powers of the municipal health officer of the city of Birmingham, who has been elected by the county board. This, indeed, is necessarily implied in what we have said above.