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1893-1894 - The University of North Carolina at Chapel Hill

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:<br />

FIFTH BIENNIAL REPORT. 73<br />

protection had cre<strong>at</strong>ed its own special Board <strong>of</strong> Health<br />

with its own health <strong>of</strong>hcer to perform for itself the duties<br />

<strong>of</strong> the County Superintendent it was clearly the duty <strong>of</strong><br />

the county. Submitting Dr. Payne's letter and my reply<br />

to Attorney General Osborne, he gave me the following<br />

opinion<br />

Raleigh, X. C, Xovember 11, <strong>1894</strong>.<br />

Dr. R. H. Lewis, Secretary <strong>North</strong> <strong>Carolina</strong> Board <strong>of</strong> Health, Raleigh,<br />

Dear Sir:—In reply to your question concerning tlie payment for the<br />

services <strong>of</strong> the County Superintendents <strong>of</strong> HeaUh I<br />

take gre<strong>at</strong> pleasure<br />

in st<strong>at</strong>ing th<strong>at</strong> I agree with you entirely in your construction <strong>of</strong> the<br />

st<strong>at</strong>utes on th<strong>at</strong> subject passed by the last Legisl<strong>at</strong>ure. I understand<br />

3'our opinion to be th<strong>at</strong> the county, and county alone, pays for the services<br />

<strong>of</strong> the County Superintendent <strong>of</strong> Health, and not the householder<br />

nor the town, when the services are performed in a town. As I st<strong>at</strong>ed<br />

before, I agree with you, and the construction seems to me too clear for<br />

deb<strong>at</strong>e.<br />

Yours respectfully,<br />

F. I. OSBORXE,<br />

Attorney General.<br />

»<br />

'<br />

<strong>The</strong> County Commissioners, after reading this opinion,<br />

said it was not worth any more than the opinion <strong>of</strong> any<br />

other lawyer, and th<strong>at</strong> they would rely upon th<strong>at</strong> <strong>of</strong> their<br />

own <strong>at</strong>torney, which was th<strong>at</strong> the Superintendent should<br />

be paid by the householder. Dr. Payne, however, took a<br />

firm stand, declining to make any agreement with them as<br />

to definite salary and proposing by charging full fees for<br />

the regular duties <strong>of</strong> County Physician and for services<br />

the m<strong>at</strong>ter <strong>of</strong> quarantine and disinfection to paupers to<br />

obtain a fair remuner<strong>at</strong>ion for his work, in consequence<br />

<strong>of</strong> which the Commissioners agreed to pay him a reasonable<br />

salary.<br />

Dr. J. A. Hodges, owing to removal from the St<strong>at</strong>e,<br />

resigned from the Board, thereb}' depriving us <strong>of</strong> an active<br />

and interested member. After consult<strong>at</strong>ion with the President<br />

it was thought best, in order to avoid the expense <strong>of</strong> a<br />

special meeting for the purpose, to have the members signify<br />

in

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