Hawkins v. Hoye

Citations

• 108 Miss. 282
• 66 So. 741

Syllabus

<p>1. Board of Health. Establishment. Statute. Validity. Constitutional law. Delegation of legislative power. Due process of law. Talcing property for public use. Regulations.</p> <p>The legislature, by virtue of the police power of the state, may enact all needful laws for the purpose of preserving the health, preventing the spreading of disease, and protecting the lives of the citizens. It may create boards of health, and bestow upon them necessary powers to promote the general health of the people by providing for them healthful conditions.</p> <p>2. Board of Health. Establishment. Statutes. Validity.</p> <p>Under Code 1906, sections 2487-2489-2491-2494-2511, the legislature conferred upon the state board of health the power to make reasonable rules and regulations for the prevention of diseases and the protection of the health of the people, and under such power, the hoard of health were authorized to adopt an ordinance requiring all persons, firms or corporations conducting a dairy-business or selling milk in this state to have their cows examined for tuberculosis or other contagious diseases, semi-annually by a competent veterinarian.</p> <p>3. Constitutional Law. Delegation of legislative power.</p> <p>Statutes establishing boards of health for the purpose of advancing the public health by investing such boards with the power to adopt ordinances, rules and regulations necessary to secure such objects are not violative of section 33 of the state Constitution as being a delegation of legislative power.</p> <p>4. Health. Regulations. Validity.</p> <p>Under Code 1906, sections 2487-2489-2491, requiring state boards of health to supervise the health of the state, and to make reasonable regulations therefor, an ordinance by such board requiring all cows used in the dairy business to be examined annually by a competent veterinarian is not unreasonable.</p> <p>5. Same.</p> <p>Such an ordinance is not violative of the Constitution of the United States Fourteenth Amend