The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1878-01-24

tain when tru tees order and others fur
nish relief which is clearly improper IN
quality o. in respect Ito thc person to whom
4 is granted; as. for example,: if luxuries,
either in food or c,othing should be order
dere1 and furnished to paupef, or it
any thing should be ordered and furnish-
cd toany known not to be a paupef,
the law declares That paupers outside the
poor house shall not cost the county more
tllantwo dollars per week per person, and it
warrants no one in ordering for or granting
to paupers anything more than plain and
wholesome food, plain and comfortable
clothing and other things to correspond
when necessary. Trustees who order re-
lief which is improper in quantity or
quality should he promptly sued for
any damages which they may thus cause
the county and should be prosecuted Grim
inally for malseasance in office. And
merchants and others who knowingly fur
nish or join with others in furnishing re-
lief which is'improper, either in quantity
CT quality, should hayct their bills cut down
till they come within the limits of the law
and Of good faith.
We have dwelt at length on these points
because we know how outrageously law
and decency have been violated in the
matters referred to.
III. The action of the trustees can only
be temporary. II is their duty as soon as
practicable to report lie case to the Board
of Supervisors who may continue or deny
relief as they find cause Code Sec. 1867
or they may order the party to be cared
for at The poor house. When the Board
denies further relief it should give notice
thereof to the trustees and to the person,
if any particular one, furnishing the re-
lief in order that the same may be dis
continued. 1t would seem that rcsolu-
ton published with the minutes of the
Board would be sufficient notice to all
parties.
Nv. Since the county has poor house,
all paupers should be cared for therein
except when otherwise provided by law
Code Sec. 1871 The only exceptions TO
his rule are the following:
LIST. The widows and families of sol
diers; these are not to be sent TO the poor
house against their will. when they can
be provided for outside; and provisions
in their case is not limited to two dollars
,,, HaUg 1k
G. A. Chap. 26
end Persons in families; these may be
sent to the poor house or supported out
side at the discretion and under the sup
ervision of the Board of Supervisors.
Uaws l6 G.. A. Chap. 26.) Where the
Board has made no provision and when it
is not in session, the trustees must exer
else their own discretion, for the time be-
ing in regard to persons in families"
3rd The Board(not the trustees, } may in
its discretion, allow and pay to poor per-
sons who may become charitable as paup-
ers, and who are of mature years and
sound mind and who will probably be
benefited thereby, such sum or such an
nual allowance as viii not exceed the
charge of their maintenance in the ordi-
nary way, (codc Sec. 1867
This section gives the Board large
discretion and was doubtless intended to
save and encourage the self-respect and
self-reliance, which are important factors
in the self maintenance of human be-
ing of mature years and sound mind
and when the purpose of the statute will
be subserved, it should be literally con-
strued to that end. But when such
persons are no longer ashamed to receive
aid from the county and have become
confirmed paupers they should as a gen
eral rule be sent to the poor-house.
The allowance to each person under the
2 and divisions of the last paragraph,
should not exceed two-dollars per week,
and this should cover everything except
medical attendance, Code Sec. 1861
But medical attendance may include
nursing and watching, as well as physi
cisns fees and the cost of medicines.
V. The Board, or committee appoint
ed by them for that purpose, may pres
clIbe rules and regulations for the man.
agement and government of the poor
house, Code Sec. 1879 Under this sec
ton the Board may doubtless perscri5e
rules for the admission of paupers to the
poor house. Sec 1877 of the Code declares
that no person shall be admitted to the
poor-house unless upon the written order
of a township trustee or member of the
Board; but it is nowhere declared that
every person coming with such an order
shall be admitted. The house might be
too small to accommodate all who would
thus be sent; and it would be competent
for the Board to provide against any such
difficulty by declaring that no one should
enter except on the written order of men,
Der Of the Board. In short, throughout the
whole statute, it is many times expressed
and everywhere clearly implied, that the
and ultimate authority is in
the Board. II may review and counter
mand the action of the trustees, and
when it has acted in case the trustees
have no further jurisdiction.
The Board should not for this reason,
attempt to exhaust the jurisdiction of the
subject and leave the trustees with moth
ing to do, nor on the other hand should
they hesitate to adopt such measures as
will tend to efficiency regularity and econ
omy in the county's system of pauper re-
lief. H si
vi. As to the Jurisdiction of individ-
ual members of the Board, the law is ST.
lent, except that Sec. 1877 of the Code
authorizes admission to the poor-house
upon written order of member. But
from the whole statute and its general
tenor there is at least room to doubt
it was intended that member
should exercise this power otherwise
Than as the agent of the Board. ow-
ever this may be it is believed to be en-
tirely competent for the Board to reserve
70 itself the pc wer of Commitment and to
authorize its several members to exercise
hat power in vacation under such gener-
Il rules as it may prescribe.
The foregoing Opinion does not profess
% discuss all the matters conrprehended
n the attached resolution but is purposely
to such points as seem likely to
rise most frequently and to be of most
practical Importance.
Respectfully submitted,
EBERsoLE & Wn.LETT,
County Attorneys.