Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-12-08
COOPERATION
HEALTH
CITY AND COUNTY BOARDS OF
HEALTH SHOULD WORK
TOGETHER.
SOUND ADVICE OF ATTY.
GEN. NOLAN on QUESTION.
Smallpox This Winter May Make an
Agreement Imperativ, Between
the Boards.
Special to the Inter Mountain.

Helena, Dec. S.-Attorney General G.
b.. Nolan, in answer to an inquiry from
the board of county commissioners of
Lewis and Clarke county as to the liza
bility of the county for the care OF
smallpox patients, has rendered the fol-
lowing opinion:
referring to your favor of the 25th
instant, addressed to this office relative
to the respective responsibilities for the
expenses incurred by the respective
boards of health in the city and county
in caring for contagious and infectious
diseases within their limits, the legis-
lature has in it's wisdom provided for
the existence Of the county board of
health n has authorized the munich
palities of this state to establish city
boards of health.
Chapter 4 Of the Political Code creates
county boards of health, while Section
$500 of the Political Code, subdivision Az
and As, as amended, provides that the
city has power to appoint a board OF
health and to prescribe it's powers and
duties, and also to establish at a suit
able place without the limits Of the
city or town in case Of necessity, a hos
pital to prevent the spread of smallpox
or infectious or contagious diseases, and
egulat and control all their actions
which may be necessary for the promo
ton of health and to prevent the spread
of infectious and contagious diseases in
any city or town. In my opinion there
should be no controversy existing be-
tween the two respective boards as
to h should pay the expense
Of the promotion of public health
and to prevent the spread of infectious
or contagious disease within their re-
spective limits. The city should en-
deavor to prevent the spread in city and
town, n the county board should do
likewise within the limits of it's juris-
diction. Each should vie with the other
and see which would become the most
effective in the prevention of the spread
of contagious and infectious diseases.
Section 1854 provides expressly that all
necessary expense incurred by the coun-
ty boards in enforcing the provisions of
this chapter should be paid out of the
county treasury from the general fund
of the county. If the city board of
health, covering he same territory as
the county oards of health,
should arrogate to, itself abso-
lutte and exclusive jurisdiction of all
that particular part of the territory COW
cred by both, each should pay the ex-
penses If the county board and city
board co-operated in the suppression of
contagious and infectious diseases, in
my judgment, the necessary expenses
should be equitably apportioned between
the two boards. If the county board in
no manner acts, section 1924 of the po-
litical code will have no application be-
cause it is only expenses incurred by the
county board that will be paid out of
the county treasury of the general fund,
There is no authority of law in this
state which would authorize the county
board of health to hold liable for his
share, a patient who has been detained
at the pest house erected by the board of
health in the discharge of it's general
duties to prevent the spread of conta-
gious and infectious diseases, but on the
other hand. section 1854 of the law Gre
ating county boards of health provides
that all the necessary expense incurred
by the board, in enforcing the provisions
of the statute creating them and confer
ring W upon them, can be paid out
of the treasury from the general fund of
the county,"