Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-09-26

Element, which as stated in the stipulation
were expressly agreed upon and expressly COIL
coded to by him at the time and that he then
and there expressly authorized and directed
his said attorneys, Kerr and Collins, to make
and sign the same for and on his behalf, which
they then did. pursuant to such their said
special authority and instructions and in his
presence. Under these circumstances
the defendant was bound by
the stipulation and it's provisions
The agreement Ito permit the maintenance of
the dam at the height therein specified in
Guided and gave the right of flowage upon Hay
den's lands to the extent necessarily occasioned
by its maintenance at that height.
The finding that plaintiffs had only per-
formed all the conditions precedent their
part, agreed by them in their said agreement
and stipulation to be done and performed"
fully disproves of the last point made by APP
pellant in reference to the failure of the plain
tiffs in this regard.
According to our construction of the written
stipulation, Hayden, upon the payment of the
$6UO undertook to acknowledge full satisfac-
ton of the verdict in the action then pending
on appeal in the supreme court, or any judg
ment rendered thereon without costs to the de-
PENDANTS in said action.
Judgment affirmed. CoRNELL j.
VILLAIN i. Bentley, Respondent, as. The Board
Of County Commissioners Of the County AZ
Chisago appellant.
OPINION.
The exceptions taken in this case raised the
question whether under chapter fifteen, general
statutes, single county commissioner has au-
thority to employ physician other than the
county physician for a sick pauper who has
legal settlement in the county, and is entitled
to public relief, and to bind the county for the
payment Of reasonable compensation for the
medical and professional services rendered I'M
der such employment.
We referred to sections three and five of
this chapter as containing the requisite au-
thOrity.
The former has no reference whatever to any
of the duties powers of the county commits
sioners, whether acting tog. ther board, or
separately and singly as independent officers.
1t simply declares when and under what
circumstances paupers shall become charge
upon the county and how their maintenance
and support shall be borne. and provided for
out of the county treasury. Section five enacts
that the county com missioners shall, by viz
tue of their office, be superintendents of the
poor OF their respective counties, and that they
shall take charge of the poor supported at pub
lie expense therein and have the management
of any poor house, farm workhouse other
place provided for the accommodation, support
The duty enjoined by this section is joint
one, requiring in its performance the action of
the county commissioners board. and the
same is true as to the authority which it con-
fers. No single commissioner can take upon
himself alone the separate charge Of the county
poor nor the separate management of the poor
house or other property mentioned
in this section. 1t is plain
that neither of these sections
| confers any authority such az is claimed in
this case, and if it exists it must be found in
some other provision of the statute. The only
sections of this chapter containing any pro-
visions relating to the powers or duties of
county commissioners superintendent of
the poor and separate and independent Off
GERS are sections ten, twelve, fifteen and seven
| teen. AS the last two relate to matters wholly
distinct from those embraced in the case before
| us, their provisions need not be considered.
! And the same may be said of section ten, which
makes it the duty of the county physician to
| attend and prescribe for all sick poor persons
in said county requiring medical aid. etc. upon
the written direction of any county commits.
sioner of the county.
by the provisions of section twelve each
commissioner is authorized to hear and decide
upon applications for county support and re-
lief arising in his own district, ard in every
| case when the person, by or in whose behalf any
such application is made, is found to be legally
entitled to relief and support from the county
as pauper having a legal settlement therein,
sucb commissioner is authorized and directed
to give an order in the form prescribed, entitle-
ing such person to be received into the charge
| of the overseer of the poor of the county, and
! to be furnished with suitable support until the
further order of the board of county commits
sioners Of said county; and it is further pro-
vlded that if the commissioner to whom any
| such application is made, shall upon inquiry
be of opinion that only temporary and limited
assistance to an extent not exceeding $20 will
| be required by such poor person. and that il
| will be for the interest of the county to grant
| it, he may within such limits instead of max
ing such order, allow the applicant definite
sum for temporary relief, in which case he is
directed to make a written certificate of such
allowance, signed by him officially, specifying
therein the sum allowed and the name and res
ldence of the person to whom the sum is grant
ed. This certificate entities such persor
to an order from the county
auditor upon the county treasurer for the
amount payable out OF the county poor fund
In case the commissioner deems such paupel
an unsafe person to entrust with the expendi
ture of the money, he is also authorized him
self to present the certificate, receive the order
ana draw the money, and expend it in sucl
way as he may deem most beneficial tc
such poor person, accounting therefor to
the county board. The powers given by THU
section arc all specifically Defined and the mode
and manner in which they shall be exercised
are also particularly pointed out. They canno
be enlarged or extended by intendment i'm
| plication to embrace matters not named O.
necessarily included therein, nor can they b.
exercised in any other than the prescribed
mode. 1t follows that county commissioner
under any powers conferred by this section
! can enter into any contract of employment TO
medical services for any pauper that shall
be binding or obligatory upon tn
county, although the money which
may be obtained upon certificate of allow
ance and order for temporary relief may b
| expended IN procuring medical services.
deemed advisable. There is no authorit
given for procuring them upon the credit O
the county. The system provided by thi
chapter contemplates that all professional
services of this kind shall be rendered by
county physician for the poor, be appointe.
by the board of county commissioners, WIN
holds his Office during the pleasure of tn
board, and receives such compensation for hi
services as may be determined upon by then
as board from time to time. (Sec. l0.)
county commissioner has no authority to EN-
ploy upon the credit of his county physician
not thus appointed, and if he does, the TN
authorized employment will create iabillt
against the county. Though the plaintiff il
this case may have acted il
good faith in relying upon tn
certificate and the quests therein contained
this furnishes no ground for his claim agains
the county, for the law imputes to him full
knowledge that the officer with whom he deal
had no authority in the premises.
The Judgment of the curt below mnst h