Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-27
AN EASY DECISION
BUT LIVINGSTON WANTS TO
KNOW WHO MUST PAY.
SMALLPOX BILLS The CAUSE
County and City Quarrel Over Quaran-
tine-Army Of Hoboes Invade
the City.
SMALLPOX BILLS THE CAUSE
Livingston, Mont, March &c.


The opinion rendered by Assistant At
torney General Mettler. in response to i
request from County Attorney Miller of
this county, reached the last named
official Sunday. The opinion is in regard
to the liability of cities and counties, or
their joint liability in caring for smallpox
patients. The city and county have been
at loggerheads for some time past over
the matter. The county attorney pre-
sented some time ago to the city council
a bill of some hundreds of dollars half
of the expense which has been incurred
in caring for smallpox patients. The city
refused to pay this proportion. the city
council and the mayor claiming that it
is the business of the county to look
after these matters and the city is not
liable. The opinion recently rendered,
while it throws considerable light upon
the specific situation, is of little or no
value in general. If Assistant ATTORNEY
General Mettler rightly interprets the
! law, the question as to the liability of the
city or of the county, is not one of law,
but primarily question of fact. The
grounds upon which liability is placed
is the specific acts" of the duly author
lied agents of the city and county. in
no event could the acts of the city board
OF health bind the county, the converse
being also true. The city is held liable
only where it's officials have deliberately
contracted debt
The situation in Park county is such
that, under this decision, the city is
probably absolved from any liability
whatever. Some trif1ing liabilities con-
tracted by the city board of health, have
been paid by the city council. Some time
Mo- VT;
was being maintained by the county au-
thorities. Mr.. Martin claimed to have
performed this act under the advice of
member of the city board of health.
In order that such conflicts of authority
might be avoided in the future, the city
council. at regular meeting. passed a
resolution, instructing the city board of
health to have nothing to do with the
cases of smallpox which might arise sub
sequent to the time of the passing of this
resolution. other than to advise the coun-
ty board OF the existence of a case of the
disease should the city health officers
discover any such. Since this time the
city has authorized no one to contract
any debts on it's account in caring for
smallpox patients. The county officials
have had full charge and whatever
liabilities have been contracted have
been contracted by the county board of
health. The agreement made was to the
effect that the county would undertake to
care for all smallpox patients it being
left to be decided whether or not the law
would hold the city responsible for one
half of the bills. Under the recent de-
cision, the city is not chargeable with
anything.
But the point which the officials of
Do o~,l ,oF o:A.
ston badly wanted decided is not touch
ed in the opinion. That matter is 'who
is chargeable with caring for smallpox
cases." The Specific act" theory of the
assistant attorney general is all right as
far as it goes, but it's extent is circum-
scribed. AS long as some body polite
either the city or the county, is per-
forming specific acts, 1t is plain to be
seen on whom the burden for these acts
must fall. But suppose the city and the
county should become involved in a dis
cussiOn as to which of them must take
care of smallpox cases arising within the
city limits-as. indeed there is possibil-
lty OF their doing. In such an event. can
the city compel the county to take action
or vice versa? This question is left Sc
verely alone in the opinion. Anyone
however blind he might be, could see
that the city or the county would have
to pay any bills which their agents might
contract. But the question is. who must
contract bills in such cases? The county
of Park would be glad if the attorney
general would answer this question.
+. J. HaWn arrived in the city the
latter part of last week to accept the
position of chief clerk to Superintendent
Horn, made vacant by the resignation
of r. F. McLaren. Mr.. Hawn is a rail.
road man of long experience. He has
been employed in various responsible
positions on the Great Northern and
Wisconsin Central railways and comes
to Livingston we'll recommended Mr..
McLaren will undertake other duties IN
the office of the superintendent Of the
Montana division. George Eaton whose
place Mr.. McLaren will take, will leave
in few days for Butte, where, it IL
understood he will be made ticket agent
at the Montana Union depot. Mr.. Hawn
will be heartily welcomed in railroad
circles in this city.
The city police made drag net sweep
of the hobo crop one night the latter
part of last week. Fifteen of the gentry
We're landed in the county Jail. Til j.
larger part of the gathering was secured
in the Northern Pacific sand house near
the water tank. This place has been
literally infested with hoboes for a
month"; Indeed, so thick have they lain
in the sand house that the engineers on
the road say that there is more vernin
| than sand in their sand domes. The
police are on their mettle just now, and
it is pretty safe bet that Livigston
will be chalked up on the water tanks