Sanjeev Sabhlok's blog

We have a problem with the Bowring edition: it is full of error. However, in this case it is the best one has, in relation to education. That’s because the first volume of the Code published in Bentham’s time ( signed copy) stops before considering the functions of the Education Minister. I have therefore used the OLL version of Bowring’s work, below.

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Section VIII.:

Education Minister.

Enactive.

Art. 1. To the Education Minister, under the Legislature and the Prime Minister, it belongs to give execution and effect to all institutions, ordinances, and arrangements, emaning from the Legislature, in relation to the subject of Education.

Enactive.

Art. 2. To this purpose, it belongs to him to exercise, under the direction of the Prime Minister,—as to all persons, in so far as employed under the direction, or at the expense, of Government in the business of Education, the locative, suppletive, directive, and dislocative functions;—as to his own office, the self-suppletive function;—as to things, in so far as thus employed in conjunction with the Finance Minister, the procurative, custoditive, applicative, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences, the statistic, recordative, publicative, and officially-informative;—as to states of things, ordinances, and arrangements, the melioration-suggestive.

[Sanjeev: Basically, Bentahm’s Education Minister has THREE main function: to inspect things, to record and report on the state of affairs, and to provide suggestive means to correct a situation]

Enactive. Expositive.

Art. 3. In the exercise of his directive function, to him it belongs to preside at all examinations, performed in public, for the purpose of ascertaining, and making manifest, the degree, absolute and comparative, of appropriate aptitude in all its branches, on the part of all aspirants to government offices. [Sanjeev: The Minister will hold an examination for all recruits to government]

Enactive. Expositive.

Art. 4. On this occasion, he has for assessors the Ministers, to whose subdepartments respectively belong the several branches of instruction, forming the subject matters of the several examinations. [Sanjeev: Relevant departements will send assessors for the public service exam]

Enactive.

Art. 5. To this Minister it belongs, moreover, to exercise, as to all such establishments within the territory of the state, as, having any branch of education for their object, are at any time on foot, or in progress, at the expense, or under the direction of sublegislatures, of individuals, or incorporated or otherwise associated bodies,—the inspective, the statistic, and melioration-suggestive functions. [Sanjeev: The functions apply to all institutions that are involved in education, including religious institutions]

Enactive. Instructional.

Art. 6. On this occasion, it belongs to him, with more particular care, to inquire, and from time to time to report, whether there be any and what institutions or establishments, in which application is made of the matter of punishment or of that of reward, in such manner as thereby to engage any persons to make profession of particular opinions as to any subject, more particularly as to government, morals, or religion. [Sanjeev: The Minister will examine whether institutions are giving rewards or punishments to influence POLITICAL or RELIGIOUS opinion]

Ratiocinative.

Art. 7. An establishment thus applied, is an establishment for the subornation of falsehood, by irresistible means; falsehood, the appropriate instrument of crime in all its shapes. By it, throughout the whole field of judicature,—domestic as well as public,—that which should be justice, is converted into injustice, and the judge, howsoever unwillingly, rendered the accomplice of the evil-doer. Of falsehood in this shape, discovery is impossible. Under this security, on what occasion soever, by the commission of it reward may be earned, or by the noncommission of it, punishment incurred, the commission of it follows of course. No opinion more absurd or more mischievous can be conceived, than are many of those, the profession of which is thus regularly obtained, at the hands of millions. Be the opinion what it may, the support thus given to it, is presumptive evidence of its being in itself false, and conclusive evidence of its being so in the eyes of such its supporters and their approvers. An establishment for the subornation of falsehood is an establishment for the propagation of immorality, and for the poisoning of the fountains of justice. Of no crime commissible by an individual, can the mischief be equal, in extent or magnitude, to that produced by every institution, of which, upon a national scale, corruption in this shape is the fruit.

Suppose that among the supporters of it, there be really any person in whose eyes, while he himself is exempt from pernicious error, all others are to such a degree prone to it, that a declaration of this sort, if prescribed or approved by himself, is more likely to prevent, than to produce mischievous error,—by no persuasion of his sincerity can Government be warranted in placing or leaving any such instrument of despotism in his hands. [Sanjeev: UNCLEAR. He seems to be suggesting that educational institutions should not be diverted into ulterior causes which lead to deception and fraud in public life]

Enactive. Instructional.

Art. 8. On the occasion of the inspection taken of Education Establishments maintained at the expense of the several sublegislatures, bodies corporate, and individuals respectively,—it will therefore be the especial care of the Education Minister not to exercise any coercive or unnecessary interference, with the view of producing uniformity, contrary to the opinions and wishes of the parties immediately concerned. [Sanjeev: Since coercive ways to impose opinions is not good, the Minister should not do so during his inspections]

Enactive. Instructional.

Art. 9. It will in a more especial manner be his care to avoid giving offence to any persons concerned, in respect of the opinions respectively professed by them on the subject of religion, to the end that no person may be debarred from maintaining and disseminating, in relation to that subject, any opinion whatsoever:—every individual being responsible for any offence into which he may have been led, by entertainment given to erroneous opinions. [Sanjeev: This also means that Minister won’t try to stop others from their opinions]

Enactive. Instructional.

Art. 10. In case any such opinions should present themselves to his observation as have, or are likely to have, the effect of producing mischief, by acts placed in the catalogue of offences,—he will report them to the Legislature, to the end that, in case of need and use, provision may be made of appropriate instruction and warning, holding up to view the erroneousness of the opinions, and the offences with which, as above, they present themselves to his view as being pregnant.

Enactive. Instructional.

Art. 11. In the exercise of the statistic, inspective, and melioration-suggestive functions,—to the Education Minister, in concert with the Indigence Relief Minister, it belongs to consider, and from time to time to report, whether, by any and what means, for relief against excess of population, at any time, in the whole or in any particular part of the territory of this State, the non-adult or junior portion of the relief-requiring class,—the orphan class in particular,—may, by appropriate preparatory education and instruction, be employed with advantage, in the way of colonization:^* relief being given in land unappropriated or unemployed, in this State or any friendly foreign State, near, adjacent, or in any degree remote: the employment in which they are brought up, being combined into a system, specially directed to this object. Ingrafted on this question may be another,—whether, from a colony, if thus established, any contribution in any shape towards the relief of the helpless class, to be administered here, or in any such colony, can be looked to, as obtainable.

SOURCE: Extract on my website | original FDA URL

1. Background

In September 1992. following an open meeting sponsored by the Centers for Disease Control (CDC) in Atlanta, GA (57 FR 29323) and based on reviews of the relevant scientific data, PHS recommended that all women of childbearing age in the United States consume 0.4 mg (400µg) of folate daily to reduce their risk of having a pregnancy affected with spina bifida or other neural tube defects (Ref. 1). In discussing this recommendation, PHS raised several issues that directly bear on FDA’s responsibilities under the Federal Food. Drug, and Cosmetic Act (the act). One of these issues was to identify the best approach for increasing intake of folate by women during their childbearing years. [Sanjeev: THIS IS THE LIVESTOCK MODEL OF PUBLIC HEALTH, NAMELY COMMUNISM, IN WHICH WOMEN HAVE THE EFFECTIVE STATUS OF SHEEP BELONGING TO THE STATE] PHS identified several possible approaches by which folate intake by the target population might be increased. These approaches included: (1) Improvement of dietary habits. (2) fortification of the U.S. food supply, and (3) daily use of folate supplements by women throughout their childbearing years. The PHS recommendation also cautioned against the effects of higher intakes of folate. The recommendation stated that a widely recognized adverse effect of high intakes of folate is masking the anemia of vitamin B12 deficiency and thus allowing the neurologic damage to progress untreated. PHS said that care should be taken to keep total folate consumption at less than 1 mg (1,000 µg)/day, except under the supervision of a physician (Ref, 1).

After the PHS recommendation was issued. FDA convened a subcommittee on folate of its Food Advisory Committee (hereinafter referred to as the “Folic Acid Subcommittee”) to consider some of the issues raised by the recommendation. At a meeting in November 1992. the Folic Acid Subcommittee discussed approaches for ensuring that the folate intakes of women would be increased. [Sanjeev: At every step FDA discloses its LIVESTOCK APPROACH TOWARDS WOMEN] It identified several approaches. These included: (1) Development of a fortification scheme such that 90 percent of women of childbearing age could receive at least 400 µg of folate per day from all sources, while preventing excessively high folate intakes by nontarget groups; (2) appropriate labeling of foods, including dietary supplements; and (3) implementation of an educational program directed primarily at women of childbearing age that emphasizes the importance of folate intake before, during, and after conception and its effect on the incidence of neural tube defects. The Folic Acid Subcommittee also recommended that a surveillance and monitoring system be established to provide baseline data on vitamin B12 status in subgroups of the population that might potentially be at greatest risk as a result of increased intakes of folate.

These issues and the Folic Acid Subcommittee’s recommendations are fully discussed elsewhere in this issue of the Federal Register in a proposed rule entitled “Food Labeling; Health Claims and Label Statements: Folic Acid and Neural Tube Defects” (hereinafter referred to as the health claims proposal).

1. The Proposal

In this document, the agency is proposing to implement its tentative conclusion, discussed at length in the health claims proposal, that food fortification should be limited to cereal-grain products. Specifically, FDA is proposing to establish a fortification scheme that will assist women in the target population in increasing their daily intake of folate. [Sanjeev: “ASSIST” IS FINE, but MANDATORY FORTIFICATION IS NOT ASSISTANCE: IT IS FORCE] This document also responds to a citizen petition (Docket No. 92P-0132), submitted by Glenn Scott, that requested that the agency amend the standards of identity for enriched cereal-grain products to include a requirement for the addition of folic acid, although the levels of addition suggested by the petitioner were lower than those that FDA is proposing to require in this document.

FDA is proposing to amend the following standards of identity to require the addition of folic acid: Enriched bread, rolls and buns (5136.115 (21 CFR 136.115)); enriched flour (5137.165 (21 CFR 137.165)); enriched self-rising flour (5 137.185 (21 CFR 137.185)); enriched corn grits (5 137.235 (21 CFR 137.235)); enriched corn meals (5137.260 (21 CFR 137.260)); enriched farina (5137.305 (21 CFR 137.305)); enriched rice (5137.350 (21 CFR 137.350)); enriched macaroni products (5 139.115 (21 CFR 139.115)); enriched nonfat milk macaroni products (5139.122 (21 CFR 139.122)); and enriched noodle products (5 139.155 (21 CFR 139.155)). FDA notes that the standards of identity for enriched bromated flour (5137.160 (21 CFR 137.160)), enriched vegetable macaroni products (5139.135 (21 CFR 139.135)), and enriched vegetable noodle products (5 139.165 (21 CFR 139.165)) cross-reference the standards of identity for enriched flour, enriched macaroni products. and enriched noodle products, respectively, and will thus also be amended by this proposal. FDA also points out that the standard for enriched macaroni products fortified with protein is stayed and thus will not be addressed in this rulemaking.

As fully discussed in the health claims proposal published elsewhere in this issue of the Federal Register, FDA has tentatively decided that the fortification of the food supply is an appropriate approach for increasing the intake of folate by women in the target population. [Sanjeev: NOT A STEP PASSES WITHOUT THE LIVESTOCK MODEL IN THE MIND OF FDA] As noted by the Folic Acid Subcommittee and expert speakers who testified before the Folic Acid Subcommittee, food fortification has the advantage of reaching a great number of women in the target population before conception and during early pregnancy, when the risk of neural tube defects is greatest. [Sanjeev: FDA conveniently didn’t mention that the NON-TARGET POPULATION WOULD ALSO BE FORCED TO CONSUME FOLIC ACID] It also has the advantage of providing folate in a continuous and passive manner and, thus, represents an effective means for improving the folate nutriture of women in their childbearing years.

In determining what foods would be appropriate for fortification with folic acid and at what levels, the agency used the U.S. Department of Agriculture (USDA) 1987-1988 national food consumption data (Ref. 2) to estimate daily intake of folate for the target population, as well as the general population, with fortification at different levels for cereal grains. dairy products, and juices. The agency estimated the effects of fortification using three values – 0.070, 0.140, and 0.350 mg of folic acid/100 g of cereal-grain products. As discussed in the health claims proposal, the value of 0.070 mg/100 g (0.3 mg/lb) is the amount, recommended in 1974 by the Food and Nutrition Board, National Research Council, National Academy of Sciences, that would restore folate lost in the milling of cereal-grain products and represents about a four-fold increase in the level of folate that ordinarily occurs in wheat floor (Ref. 3).  [Sanjeev: Restoration is a LEGITIMATE objective, but folic acid is not natural, hence problematic] The value of 0.140 mg,/100 g is twice that amount, and 0.350 mg/100 g is five times that amount. [Sanjeev: Since 0.070 mg is FOUR TIMES NATURAL LEVEL, 0.14 mg is EIGHT TIMES]

The different approaches that FDA used in estimating the effects of fortification of food with these levels of folic acid are fully discussed in the health claims proposal, published elsewhere in this issue of the Federal Register. in arriving at these estimates, FDA made provision for consumption of ready-to-eat cereals fortified with folic acid as well as dietary supplements containing folic acid.

In its analysis, FDA assumed likely underreporting biases in food intakes. The agency did so because national food consumption surveys generally underestimate the food intake of survey respondents. This fact is supported, in part, by the observation that when consumer-reported dietary intakes are used as a basis for designing intervention diets (not necessarily for weight reduction), subjects that follow the intervention diet frequently lose weight (Ref. 4). Further, calorie intakes that were estimated based on the survey respondents’ daily reported food intake fell below the current average calorie intakes recommended by the Food and Nutrition Board. For example, in the 1987-1988 USDA Nationwide Food Consumption Survey (Ref. 2) used for these estimates, calculated median energy intakes of women 19 to 50 years of age were only about 1,500 calories, whereas the most recent recommended average energy intake for this gender/ age group is 2,200 calories (Ref. 5).

FDA also took into account in performing its analysis that underestimation of folate contents of foods was likely in the analysis that had been done. Comparison of newer methods of sample preparation with older methods for determining the folate content of foods has revealed underestimates in the range of 20 percent for vegetables such as spinach and cauliflower and 50 percent for canned tuna. Thus, commonly used methods for folate analysis may significantly underestimate the folate content of foods.

As fully discussed in the health claims proposal published elsewhere in this issue of the Federal Register, results of FDA’s analysis show that when fortification included fruit juices and dairy products in addition to cereal grain and dietary supplements, folate intakes of some nontarget group consumers exceeded 1 mg/day regardless of the fortification level examined. However, when fortification was limited to cereal-grain products at levels of 70 µg/100 g or 140 µg/100 g, daily intake levels remained below 1 mg/100 g. At fortification levels of 350 µg/100 g, the estimated daily intake could reach levels of 1,220 µg/100 g, which exceeds the recommended safe upper limit.

The agency also estimated the daily intake of folate for consumers who follow Federal government dietary guidance, such as the U.S. Dietary Guidelines and the Department of Health and Human Services (DHHS)/ USDA Food Guide Pyramid, and consume cereal-grain products fortified with folic acid, to determine whether these consumers will have daily intakes in excess of the recommended safe upper limit of approximately 1 mg/day.

These estimates, as shown in Table 7 in the health claims proposal, indicate that consumers who followed even the low end of recommendations from the DRHS/USDA Food Guide Pyramid could, without supplement use, easily consume 420µg or more of folate per day from cereal-grain products fortified with 70 µg folic acid/100 g. Further. such consumers’ daily intake could triple if such products were fortified with 350 µg folic acid/100 g.

As a result of its analysis of fortification of several cereal-grain, dairy, and juice products, FDA has tentatively concluded that fortification should be limited to cereal-grain products and not extended to dairy products and fruit juices. (The agency notes that results of its analysis are presented in Tables 4 through 7 in the health claims proposal published elsewhere in this issue of the Federal Register.) The agency found that intakes by very large segments of the general population would reach several milligrams per day if all of these foods were fortified with folic acid.

The agency has also tentatively decided that the appropriate fortification level for cereal-grain products is 140 µg/l00 g. Based on the results of its analysis, fortification of cereal-grain products with 140 µg/100 g will provide daily intakes for the nontarget population that remain within the recommended safe upper limit of approximately 1 mg/day, while providing increased intakes of folate for women in their childbearing years. The agency notes that with supplement use, 95th percentile intakes by adults 51+ years of age could reach 840 to 860 µg/ day if these enriched cereal-grain products are fortified with 140 µg/100 g. While the agency recognizes that this level approaches the recommended safe upper limit and does not take into account likely underreporting biases regarding food intakes and underestimation of folate content of foods, it tentatively concludes that fortification of cereal-grain products with 140 µg/100 g folic acid is he most appropriate fortification level of the three levels analyzed to ensure that folate intakes by the target population will increase. Fortification at a lower level of 70 µg/100 g may not provide sufficient folate levels to that portion of the target population that have lower daily food intakes or that consume minimal amounts of cereal-grain products. For example folate intake estimates for the 25th percentile of the target population if cereal-grain products were supplemented with 70 µg/100 g of folic acid showed levels of 160 to 180 µg/day without supplement use and 200 µg/day with supplement use.

In this document, the agency is proposing to provide for folic acid fortification of the individual enriched cereal-grain products discussed below, which are subject to standards of identity.

Source: Bentham’s Constitutional Code

Section V.: Preventive Service Minister.

Enactive.

Art. 1. To the Preventive Service Minister, it belongs to give, under the Prime Minister, execution and effect to all ordinances of the Legislature, in so far as they have for their object the prevention of calamity; or of delinquency, otherwise than by exercise of the functions belonging to the Judiciary.

Enactive.

Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise, as to all persons in so far as employed in the Preventive Service, the locative, suppletive, directive and dislocative functions; as to his own office, the self-suppletive function; as to things, in so far as thus employed, the procurative, custoditive, applicative, reparative, transformative, and eliminative functions: as to persons and things, the inspective; as to persons, things, and occurrences, thereto belonging, the statistic, recordative, publicative, and officially-informative: as to states of things, ordinances,  and arrangements, the melioration-suggestive.

Exemplificational.

Art. 3. Examples of the principal calamities, to which prevention is capable of being applied, under the care of government, are as follows:

1. Collapsion: namely of the natural sort, in large masses, or of edifices in a ruinous state; or by means of earthquakes.
2. Inundation.
3. Conflagration.
4. Disease and mortality, the results of unhealthy and unmedicated situations.
5. Unhealthy employments, the unhealthiness of which is capable of being removed or lessened by appropriate arrangements.
6. Contagious disease.
7. Dearth and famine.

Exemplificational.

Art. 4. Examples of arrangements for the prevention or mitigation, of calamity in the above shapes, are as follows:

1. Against collapsion,—of earth, in hilly or mountainous situations, precautionary surveys: of edifices, particularly in towns, precautionary surveys: for reparation, or demolition of ruinous ones; also precautionary arrangements in the construction of new ones.
2. Against inundation,—surveys of bridges, dykes and embankments; also arrangements for the draining of lands.
3. Against conflagration,—precautionary construction of edifices: precautionary fabrication, custody and conveyance of gunpowder and other explodible substances: precautionary stowage and custody of spontaneously combustible vegetable matters in warehouses: the employment of precautionary operations and instruments in mines: Fire Insurance Associations.
4. Against suffocation in mines and manufactories,—precautionary arrangements and monitions.
5. Against disease and mortality from putrid water, naturally accumulated, drainage; from putrid water, artificially accumulated, drainage in enclosed tunnels.
6. Against disease and mortality from contagion,—temporary prevention or restriction of intercourse of persons or goods, with the persons, receptacles, or commodities, known or suspected to be the seats of a contagious disease.
7. Against disease and mortality from the consumption of articles of food or drink, in a state regarded as dangerous to health,—arrangements for preventing the vent of them.
8. Against disease and mortality, from medicinal and other drugs, liable to produce the effect of poisons,—precautionary restrictions on the vent of them: as for example, keeping them in cabinets under lock and key, with the word Poisonwritten on them.
9. Against extraordinary scarcity of necessaries,—precautionary supplies, in so far as freedom of trade is inadequate to the purpose.

Exemplificational.

Art. 5. Examples of things belonging to the department of the Preventive Service Minister are the following:

1. Things immoveable.

I. Against Delinquency, and Calamity by fire.

1. Offices for Police Directors and their subordinates.
2. Police Station-houses.
3. Receptacles for Fire-Engines, Ladders, and Fire-Escapes.

II. Against Inundation.

1. Dykes and Dams.

III. Against Contagion.

1. Lazarettos.

IV. Against extraordinary scarcity.

1. Government Magazines.

V. Things moveable.

1. Vehicles.
2. Beasts of draught and saddle.

Instructional.

Art. 6. In relation to the Defensive Force Service and the Preventive Service, the Legislature will consider, how far, by a mixture of Defensive Force Functionaries with Preventive Service Functionaries, the advantages of a stationary with those of a migratory body, may be combined, and the two branches of the official establishment rendered mutually subservient, each to the purpose for which the other is principally instituted.

Instructional.

Art. 7. Under the Legislature, this will be matter of special consideration for the Prime Minister. He will accordingly, if he sees reason, unless inhibited by the Legislature, attach from time to time, to the Preventive Service, (subjecting them for the time to the direction of the Preventive Service Minister,) certain portions of the stipendiary Defensive Force, Land or Sea Force, or both, as occasion may require.

Ratiocinative.

Art. 8. I. Advantages to the Stipendiary Defensive Force, more particularly the Land Force.

1. Those from the employment-extending principle, as per Ch. x. Defensive Force, Section 2. Leading Principles.
2. Those, from the time-occupying principle, as per Ch. x. Section 2.
3. Appropriate acquaintance with the territory in a military point of view, thence proportionable aptitude as to the purpose of defending it, against an invading enemy. In point of extent, the value of this advantage would increase, with the frequency of the migration. Nor would it proportionably decrease, in respect of correctness and completeness, within each portion of territory: for, sufficient for the military purpose would be a much smaller portion of the time of these military auxiliaries, than would naturally be applied to the use of the Preventive Service.

Ratiocinative.

Art. 9. II. Advantages to the Preventive Service.

1. Those resulting from the natural pre-eminence of the military functionaries, in respect of the qualities of vigilance, punctuality of obedience, promptitude of obedience, activity, simultaneity of obedience, and intrepidity.
2. Those resulting from the additional security, which such admixture will naturally give, against sinister connexions, between the functionaries and the internal adversaries, against whom they are employed to combat. Of this security, the degree and value, in the case of each body, would be inversely as the length of time during which it continued stationed in the same place.

Ratiocinative.

Art. 10. There seems to be but one qualification, in respect of which, functionaries belonging to the Defensive Force Service, land and sea, according to local circumstances, included, would not naturally possess more aptitude, with relation to the Preventive Service, than those would who are exclusively attached to this last-mentioned service: and this is local knowledge, including that of the characters, family circumstances, abodes and haunts of individual delinquents, and persons most in danger of falling into delinquency. But if of each military functionary’s time, one portion being employed in active service in this shape, another were employed in the performance of the military exercises, appropriate aptitude with relation to military service, might thus be continued unimpaired. As to the advantage derived from acquaintance with the characters, family circumstances, abodes and haunts of delinquents and persons liable to become delinquents, a due admixture of the migratory, with the stationary functionaries, might afford this advantage, and at the same time obviate the danger from sinister connexion.

Exemplificational.

Art. 11. Examples of subject-matters of such local knowledge, are—

1. Statistic circumstances: sites of the several habitations, thence abodes, of the respective householders, with their inmates of both sexes and all ages. Of these particulars, an adequate degree of notoriety would be necessitated, and effected, for the purposes of Election Service, as per Election Code, Section 10.
2. Moral circumstances: disposition of the several inhabitants, as resulting from habitual sources of livelihood and other occupations.
3. Circumstances purely topographical. Condition of the territory in respect of plains, hills, and mountains,—rivers, lakes, and seas,—soil, whether sandy, clayey, chalky, gravelly, rocky, &c., and natural productions,—ground woody, or woodless.

Of the knowledge of these last-mentioned particulars, the use is, the giving facility to the eventual accersition or say hither-calling, of individuals whose attendance is required, with or without such or such articles of his property, for the purpose of evidence or justiciability, and in case of need, the prehension of the supposed delinquent, or other defendant.

With the benefit of all these helps, scarcely would any band of malefactors be formed, whom the functionaries so employed, would not know where to find, together with the appropriate evidence requisite for their conviction.

Ratiocinative.

Art. 12. A consideration that will not escape observation, is—that, as to seduction of functionaries by sinister connexion with delinquents, the danger is considerably greater, in the case of contrabandists, than in the case of delinquents at large. In the case of the contrabandist, the mischief produced, is not so obvious and conspicuous, as in the case of most other sorts of malefactors. The community is indeed injured: but the community is an ideal and invisible being, of too aërial a texture, to be grasped by a mind of ordinary texture: the fair trader injured is indeed a real and visible being, but seldom is he determinate. Seldom is it known to what contrabandist any fair trader is indebted for the suffering which, by this or that one of his operations, the contrabandist  has produced. The consequence is—that, against the contrabandist, no such antipathy points itself as against the robber, the thief, or even the obtainer by false pretences: much less, any such antipathy as has place in the case of the housebreaker, or the assassin, in whose instance homicide has been employed, either for perpetration, or for concealment, of an enterprise of indiscriminating depredation.

Section X.: Health Minister.

Enactive.

Art. 1. To the Health Minister it belongs, under the Prime Minister, (frequently in conjunction with the Preventive Service Minister,) to give execution and effect to all legislative ordinances, having for their special object, the preservation of the national health.

Enactive.

Art. 2. To this purpose, under the direction of the Prime Minister, it belongs to him to exercise,—in relation to all persons, in so far as employed under him, the locative, suppletive, directive, and dislocative functions;—as to his own office, the self-suppletive function;—as to things, in so far as thus employed, but in concert with the Finance Minister, the procurative, custoditive, applicative, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences thereto belonging, the statistic, recordative, publicative, and officially-informative;—as to state of things, ordinances and arrangements, the melioration-suggestive.

Enactive.

Art. 3. So, in relation to all such institutions and establishments, as, for this purpose, are on foot or in progress, for the use of the public, at the expense or under the direction of the Sublegislatures, or of individuals, or bodies incorporated or otherwise associated,—the inspective, statistic, and melioration-suggestive functions.

Enactive.

Art. 4. To the Health Minister, in relation to all medical functionaries serving in the land, or say army branch of the Stipendiary Defensive Force,—belongs moreover the locative, suppletive, directive, dislocative, and suspensive functions: the functionaries so located by him being at all times subject also to the exercise of the suspensive function, exerciseable for special reasons, by the commanding officers of the several corps serving separately, from the grade of colonel of a regiment upwards. For the manner in which the suspensive function will, in this case, be exercised, see Ch. ix. Ministers collectively, Section 21, Oppression obviated.

Enactive.

Art. 5. So, as to all medical functionaries, serving in the sea, or say navy branch of the Stipendiary Defensive Force: the functionaries so by him located, being at all times subject also to the exercise of the suspensive function, exercisible for special reasons, by the commanding officers of the several navigable vessels, in and for which the several medical [444] functionaries are at the time in question serving.

Instructional.

Art. 6. For the consideration of the Legislature it will be, whether and how far the provision in Arts. 4, 5, shall be applied to the preventive service subdepartment: regard being had to the composition of this branch of the official establishment, and the distribution made of the functionaries thereto belonging.

Enactive.

Art. 7. So, as to all medical functionaries, serving under the Indigence Relief Minister,—it belongs to the Health Minister to exercise the locative, suppletive, directive, dislocative, and suspensive functions: the functionaries so by him located, being at all times subject also to the suspensive function, exercisable, for special reasons, by the functionary having charge of the establishment, for the service of which such medical functionaries have respectively been located.

Enactive. Expositive.

Art. 8. So, in relation to the things immoveable following, and the things moveable thereto respectively belonging,—to him it belongs, always in concert with the Finance Minister, to exercise the several functions procurative, custoditive, applicative, reparative, transformative, and eliminative: that is to say—

1. Hospitals,maintained at Government expense: army and navy hospitals, and preventive service hospitals, if any, included.
2. Lazarettos:that is to say places, within the limits of which, for the purpose of ascertaining the presence or absence of contagious disorders, persons, or property, or both together, are confined: in this case in concert with the Foreign Relation Minister likewise.
3. Laboratories,if any such there are, in which medicines, for the use of the stipendiary branch of the land and sea defensive services, are prepared.

Enactive.

Art. 9. In regard to the other things immoveable following, so far as regards health, as also the persons therein residing, the inspective function: that is to say—

1. Prisons:and all other places, in which any person is kept under confinement.
2. In particular, madhouses,at whose expense whatsoever and under whose care soever kept up, whether at the expense of the public at large, or that of the sublegislatures,—of bodies corporate, or otherwise associated, or of individuals.
3. Edifices,with their appurtenances, belonging to the field of service of the Indigence Relief Minister.
4. Edifices, with their appurtenances, belonging to the field of service of the Education Minister.

Enactive.

Art. 10. So, as to the contents of all shops and storehouses, in which drugs, designed to be employed for medical purposes, are kept for sale, or otherwise for distribution: more particularly with reference to the precautionary arrangements directed to be observed by the Preventive Service Minister as per Section 5, Article 4, relating to the sale of poisons.

Enactive.

Art. 11. So, as to the contents of all shops and storehouses, in which instruments, designed for chirurgical purposes, are kept for sale, or otherwise, for distribution.

Enactive.

Art. 12. In particular as to all such medicaments and drugs designed to be employed for medical purposes, as, from any general office or repository, have been conveyed or are appointed or designed to be conveyed, to any of the appropriate stations, in the Army Service, Navy Service, or the Indigence-Relief Hospital Service.

Enactive.

Art. 13. So, as to persons, things and occurrences, the statistic and recordative functions: as to states of things, ordinances, and arrangements, the melioration-suggestive function.

Enactive. Instructional.

Art. 14. In addition to the above generally-applying functions, belong to this Minister the specially-applying functions following:—

1. Authoritatively-eliminative function.

In the exercise of this same function, subject to appeal to the Judge immediate, he causes to be employed the appropriate means, for the elimination of all such medicaments, as, by deterioration, natural or accidental, have been rendered unfit for medical service: and on this occasion, takes care that they be either destroyed, or if put to use for any other purpose, so prepared for such use, as not to be capable of being, in their relatively unapt state, applied to any medical purpose.

Enactive. Expositive. Instructional.

Art. 15. II. Aqua-procurative, or say Water-supply-securing function. In the exercise of this function, he will take for the subject-matter of examination, the supply of water which has or may have place in such towns as the Prime Minister (consideration had of their extent and the density of their population) shall, for this purpose, have given to him in charge: on which occasion, he will include in his observation the quantity, quality, and proportionality of distribution, of the subject-matter of this supply.

Enactive. Expositive. Exemplificational.

Art. 16. III. Malaria-obviating, or anti-malarial [445] function. To this function exercise will be given, by keeping under review all such local situations, as are liable to harbour or give rise to exhalations detrimental to health.

Of the sources of such exhalations, examples are the following:—

1. Lands which, to whatsoever proprietors belonging, are habitually or occasionally covered with stagnant water.
2. Mines, considered in respect of such inflammable or dangerously respirable gases, as they are liable to contain.
3. Common sewers and drains.
4. Places of interment.
5. Theatres and other similarly crowded places of public entertainment.
6. Manufacturing establishments, considered in respect of the several ways by which they are liable to deteriorate the air, by the several modes in which the operations belonging to them are respectively carried on.

Enactive. Expositive. Instructional.

Art. 17. IV. Health-regarding-evidence-elicitative-and-recordative function. To this function exercise will be given by the elicitation and recordation of the documents following:—

1. Bills of Mortality. The matter belonging to these documents he will receive from the Local Registrars of the several Bis-subdistricts: in virtue of their several functions,—death-recordative, marriage-recordative, birth-recordative, maturity-recordative, and insanity-recordative, as per Ch. xxvi. Local Registrars, Sections 5, 6, 7, 8, 9. On this occasion, separate notice will be taken, and report made of the state of mortality and disease, in the several Hospitals and Establishments, under the management or inspection of the Army Minister, the Navy Minister, the Preventive Service Minister, the Indigence Relief Minister, and the Education Minister.
2. From the several different places, Registers of the Weather, in so far as habitually framed and preserved in the several establishments above-mentioned; also from any other public sources, from whence they may conveniently be procurable: and from private sources, so far as procurable from those sources, with the free consent of the individuals interested.

Enactive. Expositive.

Art. 18. V. Appropriate oustoditive function. In the exercise of this function, he has charge in chief of all medical museums, belonging to Government.

Instructional. Exemplificational.

Art. 19. Of the contents of a Medical Museum, examples are the following:—

1. Anatomical Preparations.
2. Chirurgical Instruments.
3. Specimens of the Materia Medica, preserved for standards of comparison.
4. Herbaries.
5. Medical Books and Graphical imitations.
6. Registers of the Weather, and Instruments for the formation of such Registers.
7. Mortality Reports, as above.
8. Models of the human form, in its natural state.
9. Models of distortions.

Enactive. Expositive.

Art. 20. VI. Aptitude-securing function. In the exercise of this function, to the Health Minister it will belong to watch over the aptitude and efficiency of the application made, of the Probationary Examination system, (as per Ch. ix. Ministers collectively, Section 16, Locable who,) with reference to all aspirants to those offices, the functions of which, are exercises of the art of medicine, in any of its several branches, and to whatsoever subject applied: in such sort that, by the operation of sinister interest,—whether self-regarding, sympathetic, or antipathetic,—no person relatively unapt be admitted, or relatively apt excluded: mindful, that in self-regarding interest, are included not only love of money, but love of ease.

He will, therefore, preside at all such examinations, having for Assessors, persons three or five, elected by all who, in consequence of Examinations antecedently undergone by them, have received certificates of appropriate aptitude.

Enactive. Expositive.

Art. 21. VII. Professional confederacy-checking function. To the Health Minister, under the direction of the Prime Minister and the Legislature,—and with the assistance of the Public-Opinion Tribunal, as per Ch. v. Constitutive, Sections 4, 5, it will especially belong, to be upon the watch against all injury to the health of the community, by the operation of particular interests, in the breasts of medical practitioners, at the expense of public interest: (and, as occasion calls, to make report accordingly:) for example, by associations among themselves for the formation of regulations and arrangements, express or tacit, concerning division of labour, rate of payment, terms or mode of attendance, or otherwise.

Enactive. Instructional.

Art. 22. VIII. Appropriate-publication function. To this function he will give exercise, by giving, to the result of the exercise given to the several preceding functions, the utmost publicity that can be given to them, consistently with a due regard to public economy in respect of the expense, and to the feelings of persons subjected to the exercise of his several functions: yet not so as to give concealment to delinquency, in whatever shape exemplified.