Legal Principles of Public Health Administration

Cover Legal Principles of Public Health Administration
Legal Principles of Public Health Administration
Henry Bixby Hemenway
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PUBLIC HEALTH POWERS AND UMITATIONS 343 the court cannot. ' ' '^'^ The conclusiveness of the legis- lative judgment as to the necessity or wisdom of a sanitary measure is strongly insisted upon in the mat- ter of compulsory vaccination by the supreme court of Georgia J^ "With the wisdom of vaccination we have nothing to do. * * * Ti^e legislature has seen fit to adopt the opinion of those scientists who insist that it is efficacious and that is conclusive upon us. " 261. Ordinance not unreasona
...ble if authorized by state. When authority is specifically granted in the charter, or by the laws of the state, an ordinance passed within the authority cannot be deemed unreasonable. '''^ If the ordinance complies with the authorization, but exceeds the limits of constitutional rights, the act of the state granting the authority must be attacked, rather than the ordinance. Though ordinarily it is contrary to public policy to grant monopolies, and though an ordinance creating a monopoly would gen- erally be declared void on that account, the state has the authority under its police power to grant to the city such jurisdiction for the preservation of health.

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