The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-08-27
WHO FOOTS THE BILLS.
Attorney General Haskell on Duties
Of City and County Health
Boards.
The Inquiry Is Brought About by
the Anaconda Smallpox
Epidemic.
1t Is Desired to Know who Pays tho Ex-
pense of Handling and Stamping
1t Out. !

Attorney General Haskell has just writt'
an opinion which will be of great intere
to all counties and cities in case of on
breaks of smallpox or other epidemic di
eases. The opinion was called for by
letter from James l.. Hamilton. chairma
of the board of county commissioners
Deer Lodge in which he says that in tt
matter Of the smallpox epidemic III Ana
conda ''the city authorities have take
charge of the same and the expense ha
amounted TO something like $4,000 or Sl2
900. Now the city asks the county com
missioners to Ray said EXPENSES OF tn
largest part on the ground that they hav
no funds. and that 1t Will take all tho revs
nue. which the law allows them TO collect
to pay the ordinary expenses of the CITY,"
The attorney general, in his opinion
calls Intention to the law of March 3 last
establishing boards of health in esci
county, which made it the duty of county
commissioners TO appoint one intelliGen'
person. who was to be q licensed physician,
and who with the board OF comfy commits
sionets we're to constitute a county board OF
health. Each county board of health
was to make sanitary rules TO prevent the
outbreak and spread of contagious dis
eases. All physicians were required to
promptly report all infectious or contagious
diseases under treatment hy him, and when
they have done 30 the county boards of
health are to take the necessary precau-
tions to prevent the spread Of the dis
GASES. The boards have power to declare
quarantines. The law also provides that
ALI tap0rnl bu or-
county board of health in enforcing the
provisions of said net shall be paid for out
of the county treasury, from the general
fund of the county"
Upon the appearance Of smallpox in
Anaconda. which afterwards became cpl
demic," said the attorney general. lit was
compulsory upon the physician who treated
the case to report promptly and without de-
lay TO the county board of health of Deer
Lodge county. and upon the receipt of such
notice said board WAS required to immedi-
ately take the necessary precautlon to pre-
vent the spread of such contagious disease.
If upon the receipt Of such notice the
board of health of Deer Lodge did
establish and ADOPT sanitary rules
and regulations which required the
city of Anaconda and its Off
GERS to incur expenses in suppressing small
poA uhSh O. &2SSooboa " ~
Hereunder by the CITY, under the orders OF
the board of health. or in tho enforcement
of its sanitary rules and regulations would
be a proper charge against tho county Of
Deer Lodge and payable out of the general
fund OF the county.
under the general laws providing for
municipal corporations, the city council Of
Anaconda had authority to appoint 3 board
of health and prescribe Its powers and duties.
to establish at a suitable point within
the limits Of the city in case Of necessity o
hospital to prevent the spread Of small
pox or other contagious or infectious dis
eases, and to regulate tho control thereof,
and do ali ether acts which may be neces-
gary for the promotion Of health, and to
prevent the spread of contagious diseases
within the CITY,
IF the city Of Anaconda, through and by
Its authorities, did by its own board of
health assume control of such epidemic,
irrespective OF the board of health Of Deer
Lodge county. then all such charges ana
expenses incurred hereunder would be Il
charge against the city of Anaconda and
not against the county of Deer Lodge at
large. Whenever She CITY, in its corporate
capacity, shall assume to take charge of
md control the suppression OF n con-
tagious disease which breaks out within its
limits, and shall adopt measures and means
to eliminate the same without
acting in connection with the
corporate authorities of the county, such
act on the part of the city would be &C
and taken to the exclusion OF the
of any authority on the part of the
of health of the county, and at tho
same time assuming and taking upon itself
all the burdens attendant by snoh action
would carry with it "a the incident
thereto the expenses which would necessarily
be incurred thereby.
at was the privilege Of the city, and
ste rp-TDFota oDfhHritv T,,Dt, sln 3
breaking ont of q contagious disease within I
its boundaries TO notify the board OF county
commissioners of the existence of such
Epidemic. and require the county commits
of the county TO take such measures
as would suppress Or eliminate the same
from their midst, aud thereby TO q ce, tam
extent relieve said city from liability for
the entire EXPENSE incurred by reason of
the suppression Of such or any contagious
disease.
''ln such cRse it wouid be the duty of the
commissioners to act promptly as Il board
OF heRith md The expense incurred By them,
which would be d bu den, would be borne
by the people and taxpayers Of the county
at large.
The burden of the expense in suppress
ing the epidemic i'll the city of Anaconda
must. IN our Judgment, be determined by
the following rule:
If the county board OF health of Deer
Lodge county made and established SAM.
tary rules and regulations to prevent the
outbreak and spread of smalIpox in the
city of Anaconda. and the officers and
board OF health of said city (f any there
was complied with and conformou to encb
rules and regulations. then all necessary cx-
penses incurred Hereunder by the authority
OF the county board OF health are L legal
and proper charge against the county.
III, however. the city board OF health of
the city of Anaconda ADOPTED sanitary rules
and regulations top3event the outbreak and
spread of smallpox within tho city lImita
ana by said hoard of health as
sumed absolute control of auck epidemic,
and thereby made their rules and ~reauln- |
tons l~aGaIn0uut to any rules unl ru2u!a-
tions adopted by the county board Of
and controlled and managed such
epideuiic irrespective OF the county buarIofI
health, then all necessary expenses incurred
by the city of Anaconda in suppressipg
such epidemic would be Il charge agalnss
the city of Anaconda and not against the
county of Deer Lodge.
IF the county board of Loalth of Deer
Lodge county acted conformity with tho
city tonrd Of health Of the city Of AM
eonda IN adopting sanitary tules anG regu-
lations to suppress and prevent the out
hrenk and spread Of small FOX within the
city limits of the city of Anucouda. or If
thev acted together to prevent its dIssemi-
among the citizens OF said city, the
incurred thereby should be borne
by the eity and county jointly"
II you viii only try Eood's SaraapnriIra vo,
Will be convinced that it has peculiar" merit,
Samuel X. D~ayis-Speciai,
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