Legal Opinion

Board of Supervisors v. Westbrook

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 10 opinions

Appeal from the Circuit Court of De. Soto County. Hon. A. T. Roane, Judge. .On April 7, 1880, Dr. J. H. P. Westbrook was- duly appointed “health officer ” of De Soto County by the governor,- and at' the expiration of his two- years’ term was reappointed. - At. the J uly term, 1880, of the board. of supervisors the salary of the health officer was fixed at fifteen dollars per -month.

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Appeal from the Circuit Court of De. Soto County. Hon. A. T. Roane, Judge. .On April 7, 1880, Dr. J. H. P. Westbrook was- duly appointed “health officer ” of De Soto County by the governor,- and at' the expiration of his two- years’ term was reappointed. - At. the J uly term, 1880, of the board. of supervisors the salary of the health officer was fixed at fifteen dollars per -month. At the July term, ■1882, the board of supervisors passed an order fixing the salary of ,the “health officer”-.at one dollar per month. • Dr. Westbrook served till October 30, 1882, when he resigned and brought…

1Opinion of the CourtArnold, J.

*314By § 790 of the code, it was the duty of appellant to fix the salary of the chief health officer of their county. What the salary should be was a matter within their discretion, provided they did not exceed the maximum specified in the statute or place it so low as to virtually abolish the office in the county. Within these limits, the salary should have been fixed at what the services of the officer were reasonably worth, and on this basis it might, have been changed from time to time,, if deemed necessary and proper. But the laws for the protection of the public health, under which appellee…

2Cited by10 opinions

  1. State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
  2. De Merritt v. WeldonCalifornia Supreme Court · 1908
  3. People ex rel. Fulton v. O'RyanSupreme Court of Colorado · 1922
  4. Ware v. State ex rel. PooleMississippi Supreme Court · 1916
  5. Murphy v. Grand CountyUtah Supreme Court · 1954

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