119 Ky. 374 | Ky. Ct. App. | 1905
Opinion op the court by
'Reversing.
Appellant alleges in his petition against appellee that he, as a member of the county board of health of Adair county,
The county’s position is that, as • the salary or compensation of appellant was fixed before his term of office began, it could not be either increased or diminished during his term. Constitution, section 161. The statute (section 2060, Kentucky Statutes, 1903) reads: “Physicians appointed as health officers for cities, towns and counties shall receive reasonable compensation for their services, to be allowed by
We are of the opinion, however, that, while the demurrer should have been sustained to that defense, yet it should have been carried back to the petition in this case. The petition alleges that the county board of health, when appointing appellant health officer, gave him general authority and direction to look after epidemics of contagious and infectious diseases appearing in the county, and to make all necessary inspections and visitations called for by the situations that might arise. We are of opinion that the county board of health had not the power to delegate its duties in such matters, and that it could not, by an attempt to do so, create any right in the health officer that did not already exist. The powers given to these boards are extraordinary seemingly justified by the most serious exigency affecting the public health. More than one person is required by statute to be appointed upon the board. The Legislature was evidently unwilling to leave to one person the determination of such important and drastic measures as are given to the county boards. In the judgment and fidelity of a greater number acting together is the greatest security against abuse of extraordinary power. It is to the county board of health, not to the health officer, their creature and executive, that is committed the duty of examining into those nuisances and conditions of filth and infection that tend to spread the con
Judgment reversed and cause remanded for further proceedings consistent herewith.