6819

#### MATHIAS v. LEXINGTON COUNTY.

County Vaccination. — Under Act. 24 Stat., 869, the county is only liable for ten cents per capita for all persons vaccinated by county agents and assistants, and agents can not collect of the county five cents per capita extra for each person vaccinated by them or their assistants as provided in the rules of the State Board of Health.

Before Prince, J., Lexington,

May, 1907.

Reversed.

From 'Circuit order reversing County Commissioners of Lexington 'County in refusing to' pay account of Dr. M. E. Mathias-, the County appeals.

*Mr. J. B. Wingccrd,*for appellant.

No -citations.

*Mr. E. L. Asbill,*-contra.

No citations-.

March 24, 1908.

The opinion of the Court was delivered by

Mr. Justice Jones

The plaintiff filed with the county commissioners of Lexington 'County for audit and payment, a claim for -agent's commission in vaccinating 573 persons in said county at five cents per capita, aggregating $28.65. The commissioners1 refused payment and plaintiff appealed to the Circuit Court, Judge Prince presiding, and! judgmlent was rendered against the -county for the sum claimed, and from this judgment the county appeals.

*403It is not disputed that the county has already paid the claim of Dr. H. G. Fleazer for 1'53 vaccinations at ten cents each, $15.30, and also the claim' of the plaintiff, Dr. Mathias, for 4-20 vaccinations at ten cents each, $42.00. The present claimi is for five cents additional on each of said 537 vaccinations. The question is, whether there is warrant of law for this additional Claim). It is admitted that the number of persons claimed to have been vaccinated is correct and that the claimi was duly approved by the chairman oif the State Board of Health.

The statute approved February 22, 1’90¡5, 24 Stat., 869, provides, *inter alia}*that “the necessary expense of such vaccination or revaccination shall be paid by the county commissioners oif the county within which the persons treated reside, and a bill or certificate -of the services performed indorsed and ’approved by the State Board of Health shall be primai *facie*evidence of the existence and value of such services. The State Board of Health sha® at all times keep in stock a supply of fresh bovine virus and supply the same to cities, towns and individuals without cost, that the charge for each vaccination under this section shall noit exceed ten cents.”

The statute also gives the 'State Board of Health control in matters of vaccination with power to promulgate rules and -regulations. Among these rules is 'the following: “The compensation for vaccination will be ten (10) cents for each person vaccinated or revaccinated. 'The compensation of county agents Will be 50' per cent of this amount paid for vaccination, or five cents for each person vaccinated by the vaccinating assistants. But if the agents vaccinate they receive the ten -cente per capita, plus the five cents above referred to as a remuneration for their extra -work. The ten cents to be collected from' -all parties who are able to pay. For those vaccinated who are unable to pay the county commissioners will pay, as also the agent’s special commission of five cents, all of which must be reported, as above stated, to this 'office for indorsement.”

*404This rule, however, must be held subordinate to: the express limitation of the statute 'that the charge against the county Shall not exceed ten cents for each vaccination. That sum having- been already paid by the county, the commissioners were not required to pay the additional claim:.

The judgment of the Circuit Court is reversed and the judgment of the county commissioners of Lexington county is affirmed.