dairies could not be maintained was enforced by the Board, a long and tedious litigation ensued. The right of the Council to enact such an ordinance and its constitutionality was bitterly fought. Affidavits were filed against those refusing to move, they were fined but several refused to move. Appeals were taken to the Criminal District Court. One of these dairymen sought by injunction to prevent the city from enforcing the ordinance, alleging that it had no authority to enact the ordinance and that it is unconstitutional. The Civil District Court refused the injunction. Writs of certiorari and prohibition were taken to the Supreme Court on the refusal of the lower court to issue injunction, which writs were denied by the Supreme Court. The dairymen still refused to move, and it became necessary for the Board to institute proceedings, enjoining the dairymen from maintaining dairies within the limits; two injunctions were filed in the Civil District Court to this end, and that Court maintained the injunctions. One case was appealed to the Supreme Court, and there again was argued, at length, and resulted finally in the Supreme Court sustaining the lower court. As a result of this decision and prosecution thereunder, there are now no dairies within the restricted district.

Third: Proceedings were brought through which were transported three lepers to the Lepers' Home.

Fourth: An insane individual in the community made repeated and violent assaults upon the president of the board; he became so persistent in these, and all pacific methods of quieting him being of no avail, proceedings for his interdiction were had, and the poor unfortunate is now confined in the Insane Asylum.

Fifth: As a result of the destruction, by the Board, of some of the unwholesome condensed milk above referred to, without legal proceedings, suit was entered against the president of and the Board, for damages; this suit was litigated and after several hearings was abandoned by the plaintiff.

Another damage suit was filed by one of the Recorders against the president of the Board, for certain utterances attributed to him, which suit is still pending, but I am of opinion will be satisfactorily adjusted.

The City Council having made appropriation for the enforcement of what is generally known as the "dairy ordinance", being an ordinance regulating dairies, their construction and maintenance, the Board proceeded to its enforcement.

A prosecution was had upon this ordinance, in the Recorder's

court, as a test case, and the violator fined. This matter is now before the Supreme Court, on the question of the right of the city to enact the ordinance and as to its constitutionality, and should be argued in the latter part of March or the beginning of April.

Prior to the enforcement of the dairy ordinance, I prepared for the Board a very lengthy ordinance providing for the forms to be used, and the rules to obtain, in the enforcement of this ordinance. This was adopted by the Board.

Notwithstanding the very defective ordinance prohibiting the sale of cocaine, except in therapeutic doses, the number of successful prosecutions of violators of this ordinance has practically put a stop to the sale of cocaine in the city of New Orleans. I recommended. that an ordinance on stricter lines be prepared and presented by the Board to the City Council for adoption.

As a result of the work of this department, the amount of fines collected to December 31, 1907, which under the law becomes a part of the revenues of the Board, amounts to Seven Thousand Two Hundred and Fifty ($7250.00) Dollars. What this means will be better understood by comparison with the receipts of previous years, under former boards. The figures here submitted are all of the figures. obtainable from the records in possession of the Board. The amount of fines collected for

It will be seen, therefore, that the revenue to the Board from this department, from fines, this year, has not only exceeded the revenue of the department for any other year, but has exceeded the total revenue for the whole term of four years, of any previous board. A further investigation will disclose the fact that, heretofore, the legal department of the Board has always been, more or less, an expense to the Board, in other words, the cost of its maintenance has exceeded the revenue produced by it. It is with some pleasure that I am permitted to report a change in this order of things by showing

a revenue largely in excess of the cost of maintenance. In the accomplishment of this I have not drastically urged heavy fines, except where I thought necessary.

My conception of the duties of my office is, to obtain results, the observance of the law and the correction of nuisances. I do not understand that the purpose of the law is to tax the individuals in the community for revenue, but rather, is a means to the end of health and sanitation, and to compel by fine when necessary.

The large increase in revenue was but an incident to the real purpose.

In the first milk runs over sixty per cent (60) of the samples taken were found to be adulterated. The prosecution of nearly five hundred (500) violators of this, and more than two hundred prosecutions of violations of other milk ordinances, has brought about such a condition that now the average violation is about five per cent (5) of the samples taken. The vigorous prosecution of the "dairy ordinance" should reduce this average.

While the fact that the percentage of adulteration found in the samples of milk taken by the Board is not by any means conclusive evidence that milk adulteration is not in vogue, it makes a fair prima facie showing. A much more complete and effective method of taking samples could and should be adopted. This, however, is not a matter that should be made public, and I have expressed my views, and reasons for them, to the President in person.

Co-operating with the President and the Chemist of the Board, we presented the views of the Board to the City Council on the ordinance introduced for the purpose of reducing the milk standard, from not less than thirteen (13) parts of solids and not more than eighty-seven (87) parts of water, to twelve and one-half (122) parts of solids and eighty-seven and one-half (872) parts of water. For the purpose of presenting the matter in the broadest possible way, I requested the Secretary of the Board to write to other health authorities for full information as to the milk standard in every city United States having a standard. The Secretary procured nation for me, and from it I prepared a statistical table nitted us to meet any issue presented which might be based onditions prevailing elsewhere. Our views were expressed , by each of us, to the Council Committee. The press took ve part, in co-operation with the Board, and we were aided Progressive Union. The ordinance changing the milk standard

78

Report of Board of Health.

system which requires that all violators of ordinances be reported to this department, which now files all affidavits. Separate books are kept for each court, of complete record, and data noted of each case from its filing to its final disposition. In this way a complete record is made up for the board.

In conjunction with the Secretary of the Board, we have installed a system of inspection and record which insures correct and necessary data for use in trials, and the attendance of the witnesses necessary only; this obviates the old, and objectionable plan of having all, or nearly all of the force in court, at Recorders' trial days; but for this system the physical labor of disposing of the very large volume of work done by this department would be impossible.

The total number of cases filed to the end of the year was four thousand two hundred and one (4201), of which all but about one hundred and fifty (150) have been disposed of, so that this department within the year disposed of upwards of four thousand (4000) cases, nearly three hundred and fifty (350) a month.

By reason of the system employed I am in a position to give a detailed record of these, by courts, and statistically show what ordinances have been violated, and the manner of violation of each, which

is submitted as follows:

Record of Recorders' Courts and number of affidavits filed under various ordinances:

2177 N. C. S. screening ordinance.

6596 C. S. selling adulterated milk

6596 C. S. selling milk with sediment in it.

4627 C. S. selling skimmed milk.

7584 C. S. carrying water on milk wagon.

6596 C. S. refusing sample of milk to inspector.

4627 C. S. having no name on wagon. 13335 C. S. failing to remove from dairy limits. 6022 A. S.

Sec. 27 as amended by 3029 C. S. and 532 N. C. S., failing to report infectious and contagious disease to Board of Health

6022 A. S. Sec. 18 as amended by 3383 C. S. and. 4955 C. S., failing to empty vault after notice.

6462 A. S. amended by 12942 C. S., emptying vault without permit 6022 C. S., Sec. 17 amended by 2962 C. S., failing to repair vault 1366 C. S. amended by 4781 C. S., failing to construct drain

age gutters

13194 C. S. violating cocaine ordinance.

2417 N. C. S. selling candy from stand not screened.

127 N. C. S. insufficient water supply.

358 N. C. S. failing to fill lots..

26

6022 A. S. amended by 4969 C. S. and 4155 C. S., exposing decomposed meat for sale in market.

15

4155 C. S. having no barrel or tub for refuse.

4155 C. S. having leaky ice box.

526

46

City of New Or

the addition of 5, 6, 8, or even, as in on

parts of water.

I have already stated that the concen order to make such a product represent normal milk, t sary to add to it 2.4-1-1.4 volumes of water, but tions printed on most of the labels of condensed milk are misleading and false. Children fed upon such diluted milk must simply starve to death, for the reason that such milk does not contain the proper proportion or ratio of those foodstuffs which make milk the ideal and perfect food for infants.

In concluding this report I want to thank Geo. B. Taylor, B. Sc., the assistant chemist of the Board of Health of the City of New Orleans, for his faithful, efficient and conscientious services, which were at all times at my command.

Very respectfully,

DR. A. L. METZ,

Chemist, City of New Orleans &

Chemist, Board of Health

City of New Orleans.

REPORT OF ATTORNEY.

A chronicle of the work of this department to December 31, 1907, is here, respectfully submitted for your consideration.

In connection therewith it may be said, that, while the work covers the period from the incumbency of the present board to that date, the results were practically accomplished within the year 1907. During October, November and December, 1906, there were few cases, and that term was devoted to organizing and systematizing the

I found that there were no records in the possession of the board of the cases, civil or criminal, pending in the courts, and in which the board was interested. I made research for, and have as complete a record of these, as circumstances permit. I found the system prevailing, of inspectors making affidavits for such violations of ordinances as came within their knowledge, and at their discretion. The courts, in turn, fixed such of these for trial as they saw fit, consequently my only knowledge of pending cases was of those so fixed for trial. This system, or lack of system, gave too much opportunity for failure to bring offenders to justice. I inaugurated a