The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1893-11-18
THE SMALLPOX BILLS.

Connty Attorney Rodgers Opinion--A
Test Case to be Made.
At .he meeting of the board of county
commissioners last Monday, the matter
OF the disposition Of the Anaconda small
poN bills came up for consideration, and,
on request, County Attorney Rodgers
handed in a written opinion on the
matter. In accordance with his opinion
and suggestions, County Auditor Hoss
disapproyed the largest bill filed, that Of
the Copper City Commercial company,
which was handed in to the board, and
will be taken into the district court as a
test case. The county attorneys opinion
is as follows:
NAT. y. Hoss, ESQ, County Auditor:
Sir: Granting your request for an opinion in
reference TO the liability of the county for the
expenses incurred by the city Of Anaconda during
The smallpox epidemic, I beg leave to submit the
following:
Il appears wholly unnecessary for me to furnish
you an elaborate opinion. citing authorities and
reci,ing the facts in this case lon have on file
in your office the opinion of Aitorney-tieneral
Haskell in reference 10 the law. and YOU should,
and. presume" lo know, the facts far as they
can be asc"rtain"d. l approve, with ,ight modi-
.icn'nn>. the views expressed in the opinion of
The Attorney General; and. applying the law TO
The Facts as understand them to be- doub,
seriously whether tile county is legally bound for
the payment Of these expenses.
Iii" amount in controversy is large. There is,
perhaps some little dispute concerning the facts
that might materially effect the liability of the
county. Th" propositions of law involved have
never been passed upon b. the courts of this
State and what their final determination would
be- should they be presented, it is impossible 10
say. For these reasons, it seems to me that you
will be compelled TO disuow these bills and allow
the court to pass npon the questions involved.
Our statute provides that wien the Auditor dis
allows bill presented to him. the person present
ing il may appeal directly to the District Judge,
and if the Judge directs the payment thereof the
Comfy Commissioners shall pay the same. 1t
may be that the decision of The Jadye in IL pro-
ceedmg of this kind would not be binding upon
either the person appealing or the County Com
mis- toner's: but it would certainly place the
appellant in position 10 Immediately bring suit
against the county. would therefore suggest
that you act upon the bill presented by Dr.. Ste
v"ns, or some one of the other larger bills, and.
should yon diSallow the same, that the person
presenting You uppta from
your acsion 10 the District Judge, and thai test
case be made OF the same. This can be done with
slight expense, and with but little trouble, and
appears to be the most satisfactory way to set
tie this most perplexins question.
regret tina, can suggest no other solution OF
this matter. The city of Anaconda did splendid
work i'll snppressing this epidemic, did it we'll,
thoroughly and economically. The payment of
all The expenses necessarily incurred is great
burden TO the taxpayers of that city, and it APP
pears to be no more Than fair and Just that the
county should bear its part of these expenses but
this is not the question for you 10 determine.
The County Auditor has no right to recommend
the payment of any bills, neither has the Board
of County Commissioners any right to pay any
bills for which the county is not legally holden,
simply because it may appear to be fair and just.
Therefore, in my judgment, yon cannot safely
do otherwise than act in accordance with the
views expressed herein.
w. B. RODGERS,
County Attorney.