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51 Fla. 238

Logan v. Childs

Supreme Court of Florida

Decided January 15, 1906

Supreme Court of Florida · decided 1906-01-15

<p>This case was decided by Division A.</p>

Decided 1906-01-15

¶1PETITION FOR REHEARING.

Cockrell, J.

¶2In his petition for rehearing the plaintiff in error suggests that we overlooked section 2, Article XV of the Constitution, which reads: “The State Board of Health shall have supervision of all matters relating to public health, with such duties, powers and responsibilities as may be prescribed by law.” This section was not overlooked but has no application to the case in that it does not appear the State Board of Health exercised or sought to exercise any supervision in the premises; on the contrary, the only proffer of evidence in that direction was to the effect that the board would not interfere.

¶3Neither the State Board of Health nor its health officer are parties to this cause and we should not .therefore comply with the petitioners request to define more clearly the health officer’s powers.

¶4The petition is denied.

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