The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1873-07-03

Board of Aldermen find that the visits
made exceed the visits really wanted
| Is there any power vested in Doctors
by law whether they are City Physicians
or not to procure the means of support
ing poor families on the account of any
city in the State of Wisconsin OF of our
city especially?
Is the city liable for orders given by
DR.. Schallern without being authorized
for merchandise, luxuries and other ar
ticles, not necessary for the use of Small
pox patients
II you can afford to give me your opin-
ion on the above questions, at or before
the next meeting of the City Council you
will much oblige,
Your ob't. servant,
A. N. RICHTER,
Chm. of Com. on Sanitary Affairs.
Opinion given by Geo. N. Woodin,
City Attorney, on the above request.
! 10 A. IL Richter. alderman and Chair
man Of the Committee on Sanitary
A.faa;s an and for the City of Nanito
! 2UOc
SIR Under date of June oath, 1873,
you ask me to favor you with my opinion
as City Attorney of this city in regard to
certain demands presented by DR.. Schal-
ler1, and others for payment which in
cludes the Doctors own personal demand
for professional services as Physician at
tending the Gessen family afflicted with
Small Pox, and calling my attention to
| the numerous accounts for various sup
| plies furnished the family upon orders
drawn by the doctor and which orders
were given to one John Dillon with in
structions to purchase the same and de-
liver them for the benefit of said family
during their sickness.
must call your attention to an ordi-
nance adopted April 29th 1872, and pub
lished in accordance with the provisions
of cur City charter relative to contagious
! diseases.
| Sec. of said ordinance makes it the
duty of every Physician in the city to
report to the Mayor every case Of Small
pox Or Varioloid which he may be called
on to attend within the limits of the city,
within twelve hours after he shall have
examined the patient, with the block and
| street of the residence, and the name Of
the occupant or occupants.
This report in my judgment should be
| made in writing to avoid dispute and pro-
tect taxpayers.
1t would seem by careful examine
ton of the ordinance that the city in
tended to take charge of ali such cases
and to make a pest house of the building
occusied by those afflicted with conta-
geous diseases, aud that the whole mat
ter was to be under the entire supervis-
ion of the Mayor and the City Marshal.
That being the case, then the Doctor
wholly exceeded any authority which he
might claim vested i'll him for the issuing
of orders for the purchase of anything
Sec. 5 of said ordinance reads as fol-
lows TT shall be the duty of the May
or upon the receipt of such notice from
such Physician to direct the City Mar
shall to visit the house or premises at
least twice each day during the contin-
uance of such disease and ascertain from
the inmates or occupants thereof if they
are Ii want Of medicines, food, fuel, or
other necessaries, and it shall be the duty
OF said Marshal to procure and deliver
such necessary articles, Undoubtedly in
case OF the sickness, absence or inability
of the Marshal to discharge these duties,
the Mayor might appoint some suitable
person to do it in his place.
You ask me the following questions
LIST. Is the city resonsible, that is, is
the city bound to pay DR.. Schallern's
bill ? and again if SO, can the city make
deductions from the amount claimed in
case the Board of Aldermen find that the
visits made exceed the visits really want
ed?
First: I answer that if the Doctor has
complied with the provisions of the or
dinance referred to, and was directed by
the Mayor, then the city is bound to pay
him reasonable and just compensation
for his services.
I'd. If the Board of Aldermen consid-
er his charges exhorbitant they may al
low his bills in part aud if he is not sat
lsfied, he is then compelled to seek the
Law courts for redress, and must prove
then his authority to act as Physician SO
as to charge the city, and also prove that
his visits We're necessary, and were worth
the amount charged. As to the other
accounts and orders drawn by the Doc
tor, I am inclined to think the city not
liable, if the city is liable, then must
say, that it is very loose way of doing
business. and thatimmediate steps should
be taken to prevent recurrence of the
same
All of which is respectfully submitted.
Signed. GEO. n. WooDIN,
City Attorney.
Dated, Manitowoc June Both 1873.
On motion of Alderman Wallich, the
whole matter relating to Small Pox cases
was Indemnify postponed. Adopted,
Ayes IL, Nryes 0.
Petition of l.. Rosenfelder and others
to abate nuisance OF block 317 was grant
ed. Ayes IL, Hayes 0.
The Second and Fourth Ward Local
Committee report the following on the
petition of s. A. Wood and II. MeAllis-
ter.
Your Commute to whom the within
petition was referred would report the
same back and recommend plank side
walk to be ordered laid down on both sides, |
East and West, of 7th street between
York and Commercial.
Your Committee recommend further,
that the petitioners be allowed to lay
curb-planks IN the front of their lots on
Main street In the 4th Ward, as mention
ed In said petition, and the sidewalk to !
be completed with gravel.
Signed. E. Kosyo.gfsTsKy