CHAPTER 74. GENERAL ASSEMBLY. Section numbers to notes refer to Revised Statutes of 1901. Sections omitted have not been construed since 1901. SEC. 6683. Representatives, apportionment. SEC. 6681. Number of members. 6682. Senators, apportionment. [Acts 1905, p. 117. In force April 15, 1905.] 6681. Number of members.-1. That the general assembly shall consist of fifty senators and one hundred representatives. 6682. Senators, apportionment.-2. The senators shall be apportioned among the several counties of the state as follows, to wit: Posey and Gibson, one senator; Vanderburgh, one senator; Vanderburgh, Warrick and Spencer one senator; Daviess and Pike, one senator; Martin, Lawrence and Orange, one senator; Dubois, Perry and Crawford, one senator; Harrison and Floyd, one senator; Clark, Jennings and Scott, one senator; Brown, Jackson and Washington, one senator; Jefferson, Ripley and Switzerland, one senator; Franklin, Dearborn and Ohio, one senator; Bartholomew and Decatur, one senator; Greene, Monroe and Owen, one senator; Sullivan and Knox, one senator; Johnson and Shelby, one senator; Putnam, Morgan and Marion, one senator; Vigo, one senator; Vigo and Clay, one senator; Wayne and Union, one senator; Marion, four senators; Fayette, Hancock and Rush, one senator; Jay and Randolph, one senator; Delaware, one senator; Madison, one senator; Madison and Henry, one senator; Tipton and Hamilton, one senator; Hendricks and Boone, one senator; Montgomery and Parke, one senator; Warren, Fountain and Vermillion, one senator; Grant, one senator; Grant, Blackford and Wells, one senator; Miami and Howard, one senator; Carroll and Clinton, one senator; Benton and Tippecanoe, one senator; Allen, one senator; Allen and Adams, one senator; Huntington and Whitley, one senator; Wabash and Fulton, one senator; Marshall and Kosciusko, one senator; Cass and Pulaski, one senator; White, Newton, Jasper and Starke, one senator; Steuben and Dekalb, one senator; Lagrange and Noble, one senator; Elkhart, one senator; St. Joseph, one senator; St. Joseph and Laporte, one senator; Lake and Porter, one senator. See notes to section 6682, Burns' R. S. 1901. The statute of 1903, apportioning members of the legislature held to be unconstitutional because of inequalities in the apportionment. Brooks v. State, 162 Ind. 568. 6683. Representatives, apportionment.-3. The representatives shall be apportioned among the several counties of the state as follows, to wit: Posey, one representative; Vanderburgh, two representatives; Gibson, one representative; Knox, one representative; Vanderburgh, Gibson and Knox, one representative; Warrick, one representative; Spencer, one representative; Pike and Dubois, one representative; Crawford and Perry, one representative; Martin and Orange, one representative; Harrison, one representative; Floyd, one representative; Clark, one representative; Clark and Washington, one representative; Jennings and Scott, one representative; Jefferson, one representative; Ohio and Switzerland, one representative; Ripley, one representative; Dearborn, one representative; Daviess, one representative; Lawrence, one representative; Jackson, one representative; Sullivan, one representative; Greene, one representative; Monroe and Brown, one representative; Bartholomew, one representative; Decatur, one representative; Franklin and Union, one representative; Vigo, two representatives; Vigo and Vermillion, one representative; Clay, one representative; Clay and Owen, one representative; Parke, one representative; Putnam, one representative; Morgan, one representative; Hendricks, one representative; Johnson, one representative; Marion, eight representatives; Hamilton, one representative; Hamilton and Tipton, one representative; Shelby, one representative; Hancock, one representative; Rush, one representative; Henry, one representative; Wayne, one representative; Wayne and Fayette, one representative; Fountain, one representative; Benton and Warren, one representative; Montgomery, one representative; Tippecanoe, one representative; Tippecanoe and Montgomery, one representative; Boone, one representative; Clinton, one representative; Madison, three representatives; Delaware, two representatives; Randolph, one representative; Jasper and White, one representative; Cass, one representative; Cass and Fulton, one representative; Howard, one representative; Miami, one representative; Carroll, Howard and Miami, one representative; Grant, two representatives; Grant and Blackford, one representative; Jay, one representative; Wabash, one representative; Huntington, one representative; Huntington, Whitley and Kosciusko, one representative; Wells, one representative; Adams, one representative; Allen, three representatives; Lake, one representative; Lake and Newton, one representative; Laporte, one representative; Laporte and Porter, one representative; St. Joseph, two representatives; St. Joseph, Starke and Pulaski, one representative; Marshall, one representative; Elkhart, two representatives; Kosciusko, one representative; Noble, one representative; Dekalb, one representative; Lagrange and Steuben, one representative. ᎪᎡᎢ . CHAPTER 75. HEALTH. Section numbers to notes refer to Revised Statutes of 1901. Sections omitted have not been construed since 1901. 6711. State board, appointment, terms, secretary. The act of 1899, conferring upon the state board of health certain powers and duties respecting the adulteration of foods and drugs, is constitutional. State, 157 Ind. 517. 6715. Meetings, quorum, president, rules. Isenhour v. The act of 1899, purporting to amend several sections of the act of 1891, establishing and prescribing the duties of boards of health, is unconstitutional because of a defective title, and the act of 1891 is in full force. Hendershot v. State, 162 Ind. 69. Statutes conferring on boards of health power to prevent the spread of contagious and infectious diseases do not confer legislative authority on such boards. Blue v. Beach, 155 Ind. 121. [Acts 1905, p. 42. In force April 15, 1905.] 6717d. Laboratory of hygiene.-1. That a state laboratory of hygiene is hereby established as a department of the state board of health. the same to be under the general control of said board. 6717e. Location-Purpose.-2. The state laboratory of hygiene shall be at Indianapolis and shall be used for making analyses of foods and drugs for the purpose of enforcing the pure food and drug laws, for making sanitary analyses, pathological examinations and studies in hygiene and preventive medicine to aid in the enforcement of the health laws, and for no other purpose. All work done in the state laboratory of hygiene shall be done exclusively and entirely for the public benefit, and no fees shall be charged. 6717f. Superintendent-Chemist-Salaries.-3. For the conduct of the state laboratory of hygiene the state board of health shall employ and appoint a superintendent other than the secretary of such board of health, and such superintendent shall have charge of and superintend and manage such state laboratory of hygiene, and he shall receive a salary not to exceed two thousand ($2,000) dollars per annum. Such superintendent shall be learned and skilled in bacteriology and pathology. The state board of health shall also employ a skilled chemist, whose salary shall not exceed fifteen hundred ($1,500) dollars per annum, and both appointees shall be temperate, healthy, well recommended and of good moral character. The board may employ such minor employes as it may deem necessary for the successful conduct of such laboratory, and define the duties and fix the compensation of such employes, which employment shall be with the consent of the governor. A report of all work done in the laboratory of hygiene, together with an account of all expenditures for each year ending October 31st, shall be made to the governor not later than the first day of December following. Such report shall be published in the regular annual report of the state board of health. 6717g. Appropriations-Equipment and maintenance. 4. Five thousand dollars, or so much thereof as is found necessary, are hereby appropriated for equipping the state laboratory of hygiene with all necessary apparatus, books, appliances and furniture, the same to be paid out by certificates issued by the state board of health and attested by the secretary; and on presentation of such certificates the auditor of state shall draw his warrant for the amount certified on the state treasurer, who shall pay the same, and all certificates shall have attached itemized bills for their face amount. For maintenance of the laboratory, purchase of food and drug samples, salaries of employes, transportation and hotel expenses of those necessary to conduct inspections, collect samples and attend prosecutions, and for the incidental expenses ten thousand ($10,000) dollars per annum are hereby appropriated, the same to be paid out on certificates, as provided in this section. The appropriations herein provided for shall be available at the taking effect of this act. The state board of health shall locate and establish said laboratory in a room in the state house building in the city of Indianapolis, Indiana, and the custodian of such state house shall set apart a room for such purpose. 6717h. Adulteration formulas-Penalty to furnish or teach.-5. Any person who shall sell, offer for sale or give away, barter or trade any receipt or formula for the adulteration or imitation of food, or teach or offer to teach any method or means of adulterating any article of food or means of producing or manufacturng any imitation of any article of food within this state shall be guilty of a misdemeanor and upon conviction thereof shall be fined any sum not exceeding one thousand ($1,000) dollars, to which may be added imprisonment in the county jail for a period not exceeding six month [s] in the discretion of the court or jury trying the case. 6718. Local boards, secretary. The act of 1899, purporting to amend the act of 1891 establishing local boards of health and prescribing their powers and duties, is unconstitutional on account of a defective title, and the act of 1891 is in full force. Hendershot v. State, 162 Ind. 69. The statute providing when a secretary of a local board of health shall be elected is directory as to time, and a secretary duly elected at a subsequent time is entitled to the office. Hendershot v. State, 162 Ind. 69. Boards of health may require that children attending the public schools during a period of threatened epidemic of smallpox shall be vaccinated. Blue v. Beach, 155 Ind. 121; State v. Beil, 157 Ind. 25. Mandamus will lie to compel school authorities to enforce an order adopted by a local board of health requiring children who attend the public schools to be vaccinated. State v. Beil, 157 Ind. 25. Secretaries of local boards of health can not, without the direction of their boards, incur any indebtedness on behalf of a county in abating a nuisance which endangers the public health. Martin v. Board, 27 App. 98. Persons employed by a local health officer, under the direction of the secretary of the state board of health, to take charge of and care for a person afflicted with smallpox and quarantined in a city, may recover from the city for their services. Monroe v. City of Bluffton, 31 App. 269. 6719. Duties of local boards. Mandamus will lie to compel school authorities to enforce an order adopted by a local board of health requiring children who attend the public schools to be vaccinated. State v. Beil, 157 Ind. 25. [Acts 1903, p. 161. In force March 4, 1903.] 6724a. Reports by physicians.-1. That any physician called upon to attend a sick person and who finds the cause of such sickness to be of a contagious or infectious character, or if the disease is ordered to be reported in the rules of the state board of health, such physician shall immediately report the facts to the secretary of the board of health having jurisdiction. 6724b. Reporting by member of family.-2. Whenever any person knows, or has reason to believe that any member of his or her family or household (boarder, roomer or visitor) has either smallpox, diphtheria, membranous croup, scarlet fever, measles or any other communicable disease listed in the rules of the state board of health, he or she shall immediately from the time the existence of the disease is known, if no physician is in attendance, give notice thereof to the local health officer of |