The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-23
THE INDECENT SICK.
Statutes Impose Their Care
Upon Counties
rrsssessa.g Attorney Millss 50 Ger
Dsrstass csasssl DsswsstA Agree
Upsn This Pefns.

Upsa TAfs PsInS
Presenting Attorney Miller. in Response
% request Of the county commissioners
ior an opinion - TO the liability Of the
county for the support Of indisent sick,
mas written m opinion IN which he holds
tnatths county. and not the ctr. II rsspon-
sioss Tor their care The exceptions to the
rule. he says. are city prisoners and those
having contagious diseases. The opinion
says IN part:
The Law relative TO the support Of the
poor II found under title in HiIl's code.
- was apparently the intention Of the
Legislature TO charge the county With the
maintenance and support Of the poor and
INDECENT. cave where Incorporated cities
and towns have By charter snd ordinance
specifically and voluntarily assumed the
control and support Of this class Of persons
within their respective corporate limits.
"Hill's Gods says: The board Of county
commissioners Of the several counties are
vested with entire and exclusive superin-
tsndsncs Of the poor in their respective
counties: provided, that this section shall
not b 20 construed - to include any in
cofporated cities or towns having by Its
charter any Of the powers enumerated in
this section
THE Law shove il general one, and the
only provision operating a. m exception
u - shove given, thus making it volun-
tary upon the part Of any city or town to
contribute 10 any portion Of the expense
incurred In caring for the poor.
THE freeholdsrs charter Of Seattle has
suitable provisions for giving 70 any board
which the city might BY ordinance desig-
nate power 70 care for the sick and poor.
bat this authority has not been supple
mented BY the necessary ordinances. IN
council, - the same Il embodied in the
charter. authority 10 given TO the city
council TO enact ordinances
ITO erect and establish hospitals and
pesthouses and to control and regulate the
same
This can only BE- considered to mean
public hospitals or hospitals supported 1t
public expense.
1.-THE city council OF Seattle has not seen
fit 70 enact such an ordinance, conse-
quently the Limitation and provision az
presssd in section 3.067 10 eliminated, the
charter provision NOS being broad enough
hence It leaves the county to bear the bur.
den of supporting not only the poor in the
sss and e is WI wh /. e: e
sidered an unjust burden upon the county,
there 10 no mode Of relieving that burden
embodied in the statutes.
There are four classes Of cases men,
toned in the statutes: First. the poor
who have resided in the county six
months before applying for aid; sec
ond the p poor .ho o. I hsv. mot .s,, 3:
persons from other counties failing sick
In the county before they have been in
said county slx months; fourth, the sick,
the poor and INDECENT persons coming into
. county while suffering from such sick
nsas or while In poverty stricken and In
diEeut circumstances.
I'm the first and third cases the county
In which the persons reside or in which
they are taken Ill 10 charged with the
maintenance.
'.In the second and fourth cases the
county into which the person comes 10 not
charged With the duty Of maintaining
such person. The espsciai attention Of
the commissioners 10 called to this distinc-
ton.
I'm any case the commissioners have .
right to demand satisfactory evidence of
residence before granting help.
The county 10 charged with the main
tsnance Of the following cases:
Henry Merrill-Came from Buckley,
and was injured next day by . train Ut the
depot; resident of Buckley, Pierce county.
Has been In Providence hospital since
July 30. 1895: has no funds.
William Wilksy-Came here from Ev-
erstt, and next day had leg broken in bar
room brawi. Has been in Providence hos
pitai since July 10.
"John Holmes-Leg broken by runaway
team. Had bssn here one month. Now
recovering st Providence hospital; has no
funds.
"In the following case the county 10 not
responsible: Norbert Champlain came
here from WILDLY island and lodged him.
self Immediately In Providence hospital.
He had been three months on WILDLY isl
and. and for three years previous In
Whatcom."
Corporation Counsel Don worth q supple
mental opinion to Mayor Ronald on the
same matter Ii a. follows:
II have yours of last month enclosing .
letter from the sister superior Of Provi-
dencs hospital. with q request for an
premises. l have also received your note
OF yesterday in relation to the same
matter.
an reply / will say that after carefully
considering and investigating the matter
l find no reason for cnang ring in the slight.
est the opinion which rendered you on
September relating to the duties Of the
city charter no authority conferred upon
the city to assume the care OF the poor or
sick The obligation to care for the poor
and sick Is statutory, and does not arise
from any p rovisions OF the common law.
"ln the ahssacs of express statutory provis.
ions there 10 no obligation or duty imposed
upon towns 60 contribute TO the support Of per-
sons residing within their ltmfta Whatever
legal Obligations they incur must Be met BY
taxation, ana the authority Of statute II neces-
sary In all cases Ia order TO impose burden
upon all taxable property within The corporate
limits OF these communities lfeopls vs. super.
vtsors. i2I n. y. sAs. ~ n. B., so Worcester W.
Montpelier. 81 Vermont lss. II Atlantic. So III
Beach on Public Corporations, Sse. SSH
THE question. however. 10 not to be de-
cided upon the mere absence of statutory
provisions while there 10 In force an act Of
the Legislature specifically imposing the
duty upon counties t.ee my opinion Of
September Q, 1851 Until some case can
be cited holding that the legislature has
no power TO enact such Law IL does not
seem 10 me that there is any room for con-
troversy.
$50 much tor the legal aspect of the
case. The Humanitarian and business as
poets apply 10 your province rather than
90 mine. IL - fair TO say. however. that
the city officials being actuated BY motives
Of humanity rather than see injured per-