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

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74 NORTH CAROLINA BOARD OF HEALTH.<br />

their choice <strong>of</strong> his successor by letter to the Secretary.<br />

course<br />

Th<strong>at</strong><br />

was taken and Dr. John Whitehead, <strong>of</strong> Salisbury^<br />

was unanimously elected to fill the vacancy. <strong>The</strong> letters<br />

are on tile in the <strong>of</strong>fice <strong>of</strong> the Board.<br />

Dr. J. T. Smith, Superintendent <strong>of</strong> Health <strong>of</strong> Perquimans<br />

county, one <strong>of</strong> the leading physicians <strong>of</strong> his count}' and a<br />

worthy Christian gentleman, passed away in October, having<br />

been stricken with f<strong>at</strong>al illness very soon after his election<br />

on the first Monday in September. After waiting a<br />

reasonable time and hearing nothing <strong>of</strong> the election or<br />

appointment <strong>of</strong> any one to fill the vacancy, I addressed a<br />

circular-letter to the physicians <strong>of</strong> the county and a similar<br />

notice to the non-pr<strong>of</strong>essional members <strong>of</strong> the County Board,<br />

notifying them to <strong>at</strong>tend a meeting for the election <strong>of</strong> a successor<br />

to Dr. Smith.<br />

On the 6th <strong>of</strong> December I received a very courteous letter<br />

from Mr. J. H. Blount, <strong>of</strong> Hertford, the able Solicitor <strong>of</strong><br />

the First District, st<strong>at</strong>ing th<strong>at</strong> <strong>at</strong> the meeting called as abovo<br />

Dr. J. W. Speight was elected. Th<strong>at</strong> the Board <strong>of</strong> County<br />

Commissioners had previously elected Dr. McMuUan. Th<strong>at</strong><br />

a majority <strong>of</strong> those eligible to membership in the County<br />

Board was not present <strong>at</strong> this meeting nor <strong>at</strong> th<strong>at</strong> which<br />

elected Dr. Smith in the first instance.<br />

Th<strong>at</strong> he wished to^<br />

settle the contest between the two gentlemen named.<br />

presented these three questions "<br />

: 1. If a Superintendent is<br />

elected and there is a vacanc}^ wh<strong>at</strong> provision or authority is<br />

thereto fill the vacancy? 2. Wh<strong>at</strong> provision or authority<br />

is there to call a meeting <strong>of</strong> County Boards <strong>of</strong> Health on<br />

any other day than th<strong>at</strong> design<strong>at</strong>ed by the act? 3. AVh<strong>at</strong><br />

power or<br />

He<br />

authority has less than a majority <strong>of</strong> the County<br />

Board <strong>of</strong> Health to elect a Superintendent?" and asked th<strong>at</strong><br />

the Attorney General be requested to pass upon them.<br />

<strong>The</strong> following is an abstract <strong>of</strong> my reply : No provision for<br />

filling vacancies was made in the law. In the absence <strong>of</strong>

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