Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-12

our court upon the statutes. ana the
DECISIONS ST other courts where similar
statutes are in force. and | am Of the
opinion that local boards NJ health
have the power to create liability
against the city for recesslri and
supplies FIR people under quarantine.
the court in a celebrated case say:
Tho eXigeAcy NJ Il pestilrncr Mill not
wait for the convenience Of parties.
ard measures must be prompt and
circctual The lizard af health must
F4Ve paWer to make necessary con-
tracts. which the emergency IF the CO
c"siaI require But ii is evidently the
duty Of the local board vi health To U--
WISE discretion in making contracts or
mourning indebtedness against the city
The municipal officers are in the first
instance ansWerabIr "a the people
NH 81 servants they are. ana the beard
of health are aEsWerablr t. the munic-
ipal officers for the faithful discharge
cf their duties.
The municipal officers appoint the
local board of health: they may ap-
point health officer: they shall cstab-
lish his salary. ana shall regulate ana
audit all fees ana charges Of persons
employed by the board of health in the
execution of the health laws ana Of
thcir regulations. This being ~. the
municipal officers are by necessity re-
sponsnlp to the people for the acts of
the officers ana agents 50 appointed by
them. ana must. therefore. have tn"
power to direct and control their acts
while in pursuance of their duties. as
laid down by statute. 1t is. then, the
duty If the. board Of health in pursu-
ance Of the statute referred to. To as
certain in the first instance whether
on not the infected person il able to as
sumo the charges for nurses ncces-
saries. etc. during the period of quar-
antine. and in case the board of health
should determine that he was able. the
necessary supplies should be furnished
at his charge. If. however. the board
of health determine he is unable to
assume such expenses they then have
the right to provide such supplies and
neceSSa ries at the expense of the city.
But if the board of health have knOwl-
edge that the municipal officers
through any of its heads of depart
mentS has contracted for furnishing
necessary supplies to the city's needy
at reduced prices. it evidently should
ha the duty of the local board of
health to see to it that the supplies
| furnished to persons under quarantine
| should BE- provided for as the municipal
! officers deem wise in view Of the exist
| ing contracts entered into by the city
with certain parties to furnish. as de
| sired. necessities and other supplies.
| | think much of the difficulties that
| the municipal officers have experienced
/ of Iatl relative to the Indebtedness in
! Cured resulting from contagious dis
eases in our city. would have been
ohvfated if there had been perfect har-
monv existing between the poor de-
rartment ana the board Of health
They should act in perfect accord with
each other if by So doing there would
be a saving to the taxpayers Of our
citv. Every city official is. in sense
q nuhIic servant, ard it should be MS
duty to administer the duties of his
office faithfully. prudently. and WITH
wise discretion. that the public inter
eefs may he properly served and TN
Inrblic money wisely expended.
Respectfully submitted,
| THOS. LEIGH. City Solicitor