The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-05-18

mOnt's clerk handed me the bill; order
ed two dozen cigars, which were in the
bill and paid. Mr.. Welty asked the Doc
tor If he authorized FreybeTger to get
the goods. Mr.. Schaefer objected, as
the Board had not defined their position,
there being nothing on their records to
show that the Health Officer had not the
power; that the name Board of Health
was miSnOmer; they should be called
board of Sickness" as they had estab-
lished nothing.
DR.. Slusser testified Never told Du-
mont to give the Lackey family all the
groceries they needed, as was not my
province; only ordered whisky by pre-
scription; may, perhaps, have said to
DumonttO furnish goods because Lackey
wanted him to; told DumOnt that Lackey
wanted cigars, but must be on Lackey'S
own account, and did not know any
thing about whisky at the time, or
would have stopped its use; do not wish
10 be understood as cOntradicting MIR.
DumOnt'Ss statements, as 1 may not re-
member all that was said; FTeybeTger
was "set up" last day of his stay; deny
Freyberger's statement of telling Lackey
to get liquor at DumOnts on account Of
being cheaper; never saw DumOnt's bill
before it came before the Board.
Court adjourned at $50 p. m. until
p. m. on Saturday.
SECOND DAY.
The reporter dropped into the Justice
Office at one o'clock on Saturday after
noon and found the Justice and Messrs-
Welty and Schaefer holding the fort
alone, the crowd of the day before not
having put in an appearance, although
Mr.. DumOnt, Freyberger and an Occa-
siOnal straggler came in later.
Mr.. Welty stated that they desired to
examine no more witnesses and Mr..
Schaefer began his argument by show
ing the powers of the Board of Health
as defined both by statute and ordinances;
that the Board should appoint Health
Officer and define his duties, and if the
said Baard tacitly allowed its officers to
| order goods for use in cases of small
pOX or other sickness, without giving
definite instructions, they were bound
| to uphold and endorse his action. That
after accepting a portion of DumOnt's
bill as certified to by DR.. Slusser, it
recognized him as authority in the mat
ter, and could not throw out the remain
der unless they could show that he spe-
officially said that these articles should
not be furnished. He finished by re-
viewing the testimony in detail. Mr..
Welty followed by giving a strict law
construction of the matter and wanted
to know how a Judgment, If obtained,
| could hold against both the Board of
Health and the city, and claimed that no
/ demand was ever made against the city.
| The proof showed that City Physician
| Slusser pTescribes all the medicines and
did not delegate his authority to Frey
| berger or anyone else, so that If the
whisky and cigars were ordered, they
must be considered as being groceries
| and provisions, and a part of the living
supplies. Slusser did not know any
thing about whisky being used until
| Thompson told him, and there is moth
ing on the Boards records authorizing
Slusser to order whisky, and if he did
the Board is not liable, as they did not
ratify that part of the bill. The whisky
went to Lackey and Freyberger and not
TO the patients. AS long as they could
get it from Nye, all right. When Nye
shut down, then they went to DumOnt
the very next day. In the first place 1T
was medicine, after that groceries and
provisions. The testimony conflicts on
Freyberger using cigars, Mr.. Welty
took the general ground that, as DE-.
Slusser had the entire control of order
ing medicines by prescription, no one
else had the right to supply them with
out his express order.
The arguments of counsel lasted until
3:15 p, M, and Justice WOrley Reserved
his decision until 9 a, N, on Wednesday
morning,
THE CITY "sETs EN- UP"
Justice WOrley rendered a decision on
Wednesday morning, saying, in SUBJ
stance, that the Board of Health was
not an agent of the City Council,
hut an equal partner; that what the
Board allowed, the Council was bound
to pay; that a demand was virtually
made when DgGsG1ntL's bill, In its en-
tirety, was presented. The Boards In.
structions, through its officers, to store
keepers was, to say tine least, very lax
and that Mr.. DumOnt was right in fur
nishing goods, relying on DR.. Slusser's
authority. There is no question that the
privilege was abused by the Lackey
family, as they had ordered nine dozen
eggs alone in three days, which was ex-
travagant, in the extreme. The testi-
mOny showed that liquors had been Or
dered for use of other persons, aside
from the patients, and that part of the
cigar bills were paid, and, although, the
amount purchased was eXtravagant,
there would be Just as much justice in
cutting down some of the other articles,
as those that were stricken out. The
judge reviewed the case very clearly and
rendered judgment in favor of Mr.. DU-
mont, and placing the costs on the city.
City Solicitor Welty gave notice of ap-
peal, and if anything more is heard from
the case, it will be in the Common Pleas
Court.