Office of THE STATE BOARD OF HEALTH, 
Nashville, Tenn., September i, 1884. 
Jo... 
On March 26, 1877, the State Board of Health was established, 
and invested with important functions, but without means to 
carry on the great work imposed upon it by law. The following 
year the yellow fever was brought up the Mississippi River, and 
fastened its deadly fangs upon the city of Memphis. From thence 
it radiated through the Western Division of our State, carry- 
ing dismay into every household. It did not stop here, but, 
traveling with dread fatality on the lines of the railroad and river, 
it swept into the mountain city of Chattanooga, and into various 
towns and cities of Kentucky. Kor were its ravages confined, as 
heretofore, to towns, but it scattered all through the villages and 
farms of West Tennessee with a virulence and fatality unknown 
in the annals of this terrible pestilence. Its damage to life and 
property was beyond computation. Commerce ceased at its ap- 
proach, business of every kind was destroyed, and the people suf- 
fered all the horrors of disease and want. Had it not been for the 
royal munificence of our friends and brethren throughout the 
Christian world, famine would have been added to the horrors of 
pestilence. 
Taught by this most severe lesson, the General Assembly, by 
Act of March 24, 1879, enlarged the powers of the State Board of 
Health, giving it authority to declare quarantine, and to make 
sanitary rules and regulations with a view to prevent the intro- 
duction into, and spread of epidemic diseases within, our borders, 
or, if possible, stamp them out should they unfortunately get a 
footing in our midst. 
In the summer of 1879 Memphis was again severely scourged by yellow fever, and the wisdom of the above legislative action 
was clearly demonstrated, for the pestilence was prevented from 
spreading, while at the same time every possible alleviation was 
extended to the afflicted city by the timely and efficient measures 
enforced by the State Board. 
Now again the distant but ominous shadow of a plague that has 
for over fifty years past been the terror of all Christendom, and 
spread dismay through five continents, is attracting the eager gaze 
of all observei’s. The fairest portions of France and Italy are to- 
day in mourning from the . rapid spread of Asiatic cholera since 
June 13tli. 
As long ago as 1833 Tennessee became familiar with this exotic 
plague. As recently as 1873 this fair State, from the Mississippi 
to the borders of Virginia, was terrified or scourged by the same. 
No epidemic of cholera has occurred in America without taking 
Tennessee in its course. All the health officials in all European 
and American countries are now on the watch. Surely it becomes 
us to be wide-awake. 
Smallpox is an enemy constantly at our door. Some portions 
of Tennessee have recently been put to much direct cost in money, 
and still more indirect cost by loss of business, because of negli- 
gence in watching against its introduction. Other localities, 
equally liable, have escaped damage by timely prudence and ener- 
getic enforcement of law. 
Diphtheria and scarlet fever are also perennial terrors, very 
greatly amenable to sanitary wisdom and laws. 
It is confidently believed that by a cooperation of the local au- 
thorities with the State Board of Health, should the occasion arise, 
much alarm and needless sacrifice of life and property can be pre- 
vented. To gain the cooperation of a people scattered over a large 
extent of territory, it is absolutely necessary to adopt a uniform 
system under which to operate. Without system nothing can be 
done. With it such measures can be carried out as will almost 
assure this State against invasions. In order to enforce such regu- 
lations as the State Board may adopt, it is absolutely necessary 
that each town in the State shall establish a Board of Health, as 
auxiliary to the State Board, and we now appeal to every city, 
town, and village in Tennessee to at once proceed with the organ- 
ization of such Boards. They should be constituted of firm, 
prudent, and wise citizens, with one or more intelligent physi- 
cians. They may have to take such action as will require the ex- 
ercise of all these qualities to the fullest extent. They may be placed in such a condition as will tax to the utmost all the best 
powers of the human heart and brain. So assisted, the State 
Board would indeed feel that half its labors were already accom- 
plished. Otherwise, its efforts to secure safety would hill to 
the ground. We therefore urge you all to at once organize. 
When organized, communicate with this Board, that its aid 
may at any time be invoked if found necessary. We especially 
urge upon the citizens of the State to so organize every-where. 
Do not rest in fancied security upon any theory of atmospheric 
or topographical immunity. Whether your corporation is situated 
upon the marshes of the Mississippi or the plateau of the Cumber- 
land Mountains, we beg you to organize, bio harm will result 
should there be no epidemic. Should it come, you will be pre- 
pared to receive it. There is safety in preparation. “In time of 
peace prepare for war” is an adage that applies better to our 
present situation than to the necessities of any warlike nation. 
We are no alarmists, and hope there will be no necessity for ac- 
tion. But should the necessity arise, the want of these bodies 
would be fatal. 
Medical knowledge must guide and execute all scientific meas- 
ures for preventing the introduction and spread of malignant 
epidemic diseases, yet law is absolutely necessary to enact and 
carry out these measures. 
The power practically rests with our County Courts and munic- 
ipal corporations. These, acting in concert with the* State Board 
of Health, have the means, if not of absolutely preventing, at 
least of greatly mitigating, the terrors and damages of any pesti- 
lential visitation whatever. Tennessee should never be disgraced 
by the ignominious panics which even now are a blot upon Euro- 
pean civilization. Hereafter, as heretofore, we must be able to 
meet the visitations of Grod with no less calm bravery than we 
have withstood the less tolerable evils of great invading armies. 
Always we must be ready to lend a helping hand, with all the 
appliances of modern science and Christian charity, the one to 
the other. While in this grand warfare the clergyman and the 
physician must, as individuals, take the lead, in our capacity as 
communities Tennessee institutions compel us to rely upon the 
municipal corporations, and for the rural districts, which consti- 
tute the greater portion of the State, mainly upon the County 
Court. 
By order of the Executive Committee. 
J. Berrien Lindsley, M. D., Secretary. An Act to create a State Board of Health for better protection of life 
and health, and the prevention of the spread of diseases in the State 
of Tennessee. 
Section 1. Be it enacted by the General Assembly of the State of 
Tennessee, That there is hereby created and established a State 
Board of Health, to be denominated “ The State Board of Health 
of the State of Tennessee,” and to be constituted as follows: 
Sec. 2. Be it further enacted, That within twenty days after the 
passage of this Act, the Governor shall appoint five physicians of 
skill and experience, regular graduates of medicine, who have 
been engaged in practice not less than ten years—one from East 
Tennessee, three from Middle Tennessee, and one from West 
Tennessee. Three members of this Board, so appointed, shall 
constitute a quorum for the transaction of business at any regular; 
called, or adjourned meeting. All vacancies occurring by death, 
resignation, or otherwise, shall be filled by the Board, with the 
advice and consent of the Governor, and commissioned as herein- 
after provided. 
Sec. 3. Be it further enacted, That immediately, or as soon as 
expedient, after the appointment of said five physicians as afore- 
said, they shall meet at the office of the Secretary of State, and 
having taken the oath prescribed for other State officers, the Sec- 
retary of State shall issue to each of said members of the afore- 
said State Board of Health a certificate of appointment, upon re- 
ceiving which they shall severally be and become members of the 
“ State Board of Health of the State of Tennessee,” and shall 
possess the power and perform the duties of said Board, as defined 
by this Act, and they shall hold their office respectively for the 
terms following, namely: One for one (1) year, one for two (2) 
years,one for three years, and one (1) for four years, and one for five 
years, or until their successors are appointed and qualified. They 
shall next proceed, under the direction of the Secretary of State, 
to determine by lot which of them shall hold their office for the 
respective terms of one, two, three, four, and five years, which 
being determined, the Secretary of State shall enter upon their 
certificates of appointment the term of office thus fixed upon each 
member. The term of office of members of the Board, after the 
expiration of the terms aforesaid, shall be five years. 
Sec. 4. Be it further enacted, That immediately after determining 
the term of office, as hereinbefore provided, the Board shall pro- 
ceed to organize, by electing one of their number President of 
the Board, and by electing a proper person, who shall be a regu- lar physician of skill and experience, to be Secretary of said 
Board; and in case the Board shall elect one of their number 
Secretary, then, upon his acceptance of that position, there shall 
be a vacancy in the Board, which shall be filled as other vacancies 
are filled. The Secretary shall continue in office, as such, for a 
term of five years, unless removed by a majority of the whole 
Board, by the election of a successor, or otherwise; and shall be 
the executive of said Board. He shall give bond, with security, 
in the sum of ($10,000) ten thousand dollars, conditioned by the 
faithful performance of his duty, which bond, when accepted by 
the Board, shall be made of record with the proceedings of the 
Board, and placed on file with the Secretary of State. He shall 
keep his office at some central and convenient place in the State, 
and shall perform the duties prescribed by this Act or required by 
the Board. 
Sec. 5. Be it further enacted, That the Secretary shall receive an 
annual salary, which shall be fixed by the Board, and the Board 
shall quarterly certify the amount due him, and on presentation 
of the certificate, the Comptroller shall draw his warrant upon 
the State Treasurer for the amount. The members shall receive 
no per diem compensation for their services, but their traveling 
and other necessary expenses, while employed in the business of 
the Board, shall be allowed and paid. 
Sec. 6. Be it further enacted, That the State Board of Health 
shall have the general supervision of the interests of health and 
life of the citizens of this State. They shall especially study the 
vital statistics of this State, and endeavor to make intelligent and 
proper use of the records of sickness and death among the people. 
They shall make sanitary investigations and inquiries respecting 
the causes of disease, especially epidemics; the causes of death, 
effects of employments, habits, localities, and circumstances, upon 
the health of the people. They shall, when they deem it neces- 
sary, advise in reference to location, water supply, drainage, and 
ventilation of any public institution. They shall, from time to 
time, recommend works upon the subject of hygiene for the use 
of the schools of the State. 
Sec. 7. Be it further enacted, That in order to afford this Board 
better advantage for obtaining knowledge important to be incor- 
porated with that collected through special investigations and 
from other sources, it is hereby made obligatory upon every mu- 
nicipality throughout the State, having five thousand and over 
inhabitants, to organize within sixty days after the passage of this Act, provided such municipalities have not already done so, a 
properly-constituted Board of Health, which, in addition to their 
duties as such local boards, shall also make monthly, quarterly, 
semi-annual, and annual reports to, and in accordance with such 
form and instructions as, said State Board of Health may pre- 
scribe, and also shall make special reports whenever required. 
Sec. 8. Be it further enacted, That the Board shall meet quar- 
terly at Nashville, and at such other places and times as they may 
deem expedient. A majority of the Board shall constitute a quo- 
rum. The Board may adopt rules and by-laws, subject to the 
provisions of this act. 
Sec. 9. Be it further enacted, That this Act take effect and be in 
full force from and after its passage, the public welfare requiring it. 
Passed March 26, 1877. 
Hugh M. McAdoo, 
Speaker of the Senate. 
Edwin T. Taliaferro, 
Speaker of the House of Bepresentatives. 
Approved March 26, 1877. 
James H. Porter, 
Governor. 
I, C. N. Gibbs, Secretary of the State of Tennessee, do certify 
the foregoing to be a correct copy of an Act of the Fortieth Gen- 
eral Assembly of Tennessee, the original of which is now on file 
in my office. 
Ciias. N. Gibbs, 
Secretary of State. 
An Act to amend an Act to Create a State Board of Health. 
Section 1. Be it enacted by the General Assembly of the State of 
Tennessee, That the act approved March 26, 1877, entitled “An Act 
to Create a State Board of Health,” etc., be, and the same is here- 
by, amended as follows: 
Sec. 2. That the State Board of Health be, and they are hereby, 
empowered to declare quarantine whenever in their judgment the 
welfare of the public require it, and to prescribe such rules and 
regulations as they may deem proper for the prevention of the in- 
troduction of yellow fever, cholera, and other epidemic diseases 
into the State of Tennessee, and whenever the yellow fever, 
cholera, smallpox, or other epidemic diseases appear in any locality 
within the State,.and information thereof is brought to the knowl- 
edge of said State Board of Health, they shall prepare and carry 
into effect such rules and regulations as in their judgment will, with the least inconvenience to commerce and travel, prevent the 
spread of the disease; they shall select suitable localities for estab- 
lishing quarantine stations, and may erect necessary temporary 
buildings tor the disinfection of passengers, baggage, cargoes, and 
other matters believed to convey the contagious principle of 
cholera, yellow fever, smallpox, and other epidemic diseases, and 
may enforce such transhipment of passengers as they may deem 
necessary, and shall assign to the charge of each station a compe- 
tent physician and necessary assistants, who shall receive such 
compensation as the said Board of Health may deem reasonable 
and just, and the members of said Board shall be allowed a per 
diem compensation of not more than ten dollars, with traveling 
and other necessary expenses, for each and every day while ac- 
tively employed in the business of said Board. 
Sec. 3. Be it further enacted, That any person or persons who 
shall willfully disregard or evade such quarantine as said Board of 
Health may declare, or violate any rule or regulation they shall 
make in attempting to prevent the spread of any epidemic disease, 
shall be guilty of a misdemeanor, and upon conviction shall be 
fined not less than fifty dollars, nor more than five hundred, or im- 
prisoned in the county jail for a period of three months, one or 
both, at the discretion of the Court. 
Sec. 4. Be it further enacted, That for the purpose of enabling 
the State Board of Health to accomplish the end for which it was 
created, the sum of three thousand dollars per annum is hereby 
appropriated, which amount the Comptroller of the Treasury is 
hereby directed to issue his warrant for, or any part thereof, first 
having the same duly certified by said Board. 
Sec. 5. Be it further enacted, That the Governor shall have power, 
and it is hereby made his duty, to appoint two additional members 
of said Board, connected with the commerce and transportation 
of the country. 
Sec. 6. Be it further enacted, That all laws and parts of laws 
coming in conflict with this Act be, and the same are hereby, re- 
pealed. 
Sec. 7. Be it further enacted, That this Act take effect from and 
after its passage, the public welfare requiring it. 
Passed March 24, 1879. II. P. Fowlkes, 
Speaker of the House of Representatives. 
J. R. Heal, 
Speaker of the Senate. 
Approved March 26, 1879. Albert S. Marks, 
Governor. I, Charles N. Gibbs, Secretary of State of the State of Tennes- 
see, certify that the above is a correct copy of an act of the 
General Assembly of the State of Tennessee, the original of which 
is on file at my office. 
Charles N. Gibbs, 
Secretary of State. 
[From the Statutes of Tennessee. Title XIII. of Sanitary Regulations. 
Chapter 1 of Preventing the Spread of Disease.] 
Section 1729. If it happen at any time that the smallpox or 
other contagious disease exists in any county in the State; or the 
County Court entertains a well-grounded belief that such disease 
does exist in the county, the Court shall adopt such measures as 
it may think best to put a stop to the same. 
Sec. 1730. The necessary expenses of such measures shall con- 
stitute a county charge, and the Court may order the payment of 
the same out of the county treasury. 
Sec. 1731. The Judge or Chairman of the County Court may, in 
vacation, adopt such measures as he thinks best to prevent the 
spread of any contagious disease.