Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-25
C|TY'S DUTY
IS DEFINED
ATTORNEY GENERAL SAYS IT IS
LIABLE FOR EXPENSES INCUR
RED BY BOARD OF HEALTH.
DO ALL THINGS NEEDFUL TO
PRESERVE PUBLIC HEALTH.
City Attorney Holds Opinion Does Not
Make City Responsible for
County Expenses.

board of health, yesterday received the
opinion of Attorney General Nolan on
the smallpox controversy. The attorney
general is inclined to be of the opinion
that the city must take care of it's small
pox patients. The opinion is as follows:
DIR. J. Newton Alexander, Health
Officer, Butte, Mont.-Dear Sir: Reply
| ing to your favor Of the goth l have,
with the limited time at my disposal,
made a close investigation Of the ques-
ton presented and l have reached the
conclusion hat the city is responsible
for the expenses incurred by it's board
Of health in caring for contagious and
infectious diseases that arise within
the municipal limits.
Section 1890 Of the political code, So
divisions "A and 40, as amended, pro-
vides that the city has owe to a.
point a board of health and prescribes
to establish at a suitable place without
the limits of the city or town in case of
necessity a hospital to prevent the
spread of smallpox or other contagious
or infectious diseases and to regulate,
the control thereof and do all other
acts which may be necessary for the
promotion of health and to prevent the
spread of infectious or contagious dis
eases within the city or town.
Pursuant to that legislative author
nance on the 4th day of July. 1897,
known as ordinance No. 459. creating a
board of health, and appointing a 50"
tary inspector and a sanitary police
man and defining the duties of those
officers. This ordinance is quite COM
prehensive and vests in the board of
health authority to do all things needful
to conserve or preserve the health
of the city and prevent the spread
of contagious or infectious dis
eases. 1t is true that section 1850 and
succeeding sections provide for a coun-
So, - 80 1no1 th ond that section CN6A
provides expressly that all necessary
expenses incurred by the board in en-
forcing the provisions of this chapter
must be paid out of the county treas
ury from the general fund of the coun-
ty. It does not appear that the county
board of health has in any manner act
ed in the enforcement of health regu-
lations or quarantine regulations WITH
in the municipal limits. h city board
Of health arrogates to itself absolute
and exclusive jurisdiction. II the coun-
: ty board co-operated with the city
board in the suppression of contagious
) disease there might be some pretext
for holding that a portion of the ex'
penses incurred shoul be borne by the
county, but where the county board In
no manner acts section 1854, supra,
, could haye no application because 1T il
only expenses incurred by the county
board that can be paid out of the coun,
ty treasury from the general fund
Yours truly
5 &C. B. NOLAN, Attorney General
5 City Attorney Lamb also gave out tn
{ following opinion:
, ct have seen the opinion of the attof
! ney general of this state rendered Ma.
/ %. 1900, in reply to DR.. J. Newton Alex
! ander's request of date May ~, l9o
s which ! AVE not seen.
{ what the attorney general says is n
: doubt the law, but it does not pretend t
: cover the matter for settlement between
Z tn honorable board of county commls
{ sioners of this county and the city Q
s Butte. The city of Butte is not as tn
s opinion of the attorney genera Woul
s imply, attempting to collect from tn
3 county the. expenses incurred by tn
: city's board of health, but is seeking
; avoid compliance with the arbitrary de
{ mand of the honorable board of count
commissioners that the city pay nc
& only the expenses incurred by her oW
s board of health (Which it has done
3 but in addition thereto reimburse tn
. county ito the extent of one-half OF tn
3 outlay incurred by the board of count
3 commissioners. =.
S eff you apply the principle stated D
= the attorney central then under tf
rule that the county is not responslo
for the obligations incurred by the cit,
the city is not responsible for the OBJ
Il cations of the county. This is so we
settled lit does not admit OF discussion