Fred O. Wilson, Atty. Gen., and Robert Morrison, County Attorney of Pima County, Tucson, for appellant.
Darnell, Robertson & Holesapple, of Tucson, for appellee.
The State, by and through the county attorney of Pima County, filed a direct information[75 Ariz. 112] consisting of six counts charging the Marana Plantations, Inc., with violating certain regulations adopted by the State Board of Health pursuant to the provision of Chapter 105, Session Laws 1941. The trial court dismissed the action for the reason that the statute enabling the board to pass the regulation is unconstitutional in that it delegated legislative power to an administrative board and for the further reason that the regulations were unconstitutional in that they were discriminatory and were of a local or special nature.
The source of the board's power to pass the questioned regulations, if any, is to be found in the following provision of Section 6, Chapter 105, 1941 Session Laws of Arizona:
'Sec. 6. Rules and regulations. (a) The board shall have power to adopt, promulgate, repeal, and amend rules and regulations consistent with law to: 1. define and control communicable diseases; 2. prevent and control public health nuisances; 3. regulate sanitation and sanitary practices in the interests of public health; 4. cooperate with local boards of health and health officers; 5. protect and promote the public health and prevent disability and mortality; 6. isolate any person affected with and prevent the spread of any contagious or infectious disease; 7. govern the transportation of dead bodies; 8. establish quarantine; and, 9. carry out the purposes of this Act.'
The regulations involved are by their terms made applicable only to agricultural labor camps, and the information charges the violation of regulations Nos. 101 to 106 inclusive which read as follows:
'Regulation 101--Water Supply: Every labor camp shall be provided with a water supply from a source approved by the State Director of Health or the local health department having jurisdiction.
'The water supply shall be of sufficient quantity to provide a minimum of 35 gallons per person per day to the camp site at a rate of two and a half times the average hourly demand, and be of a safe sanitary quality, meeting the standards of the State Department of Health.
'No cross- or back-flow connections with unapproved water supplies or other possible sources of contamination shall be permitted.
'Regulation 103--Toilets: Every camp shall be provided with suitable toilets with disposal systems meeting the requirements of the State Department of Health contained in regulations 30 through 32 inclusive, or if privies are used they shall meet the requirements of regulation 33 of the sanitary code. One toilet or one privy shall be provided for every 15 persons [75 Ariz. 113] or fraction thereof in the camp population. Privies shall be located at least 125 feet from any domestic source of water and shall at all times be maintained in good repair and in a clean, fly-tight, and sanitary condition. No living unit shall be more than 200 feet from toilet facilities.
'Regulation 103--Bathing: Every camp shall be provided with an adequate supply of hot and cold or tempered running water and all other necessary facilities for washing the hands, faces and bodies of the camp occupants. One shower head for each 20 persons or fraction thereof shall be provided.
'Regulation 104--Housing: The following minimum housing shall be provided:
'Family unit living quarters shall provide at least 60 square feet per occupant. When single or unattached workers are housed, 40 square feet of floor space shall be provided for each occupant.
'The window area shall be least 1/8 of the floor space and all openings shall be effectively screened. Water ...