The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1901-11-14
MUST PAY HOSPITAL.
Judge Baxter Decides that the County
Must Pay st. Raphael Hospital
for Keeping Aulguire.
Aulguire Pauper and Resident of
the County, Which Must Take
Care of Him,

"O0h ny ouuSo haAGer Win clerk OF
Court Briggs Mile Laos County must
pay to the Sisters OF the Order of St.
Benedict as managers of St. Raphael's
hospital at St. Cloud, money for the
care and keeping of one Daniel Aul-
guire who was taken to the St. Cloud
hospital in June, 1900, by the advice of
DR.. Bacon of Milaca, to whom Aul-
guire had been taken for treatment.
The history of the case in brief was
given in the UNION when the case
came on for trial before Judge Baxter
at the September term OF court. Aul-
guire had lived. in Mile Laos county
for thirty years or more and in 1899 his
wife, who had planned to separate from
him, purchased tract of wild land
over in Kanabec county, and in July
Aulguire and some of his stepsons had
made various trips over to the new
land to clear it up, but it appears that
during all this time the family had
continued to reside on the old farm in
Mile Laos county. But in November,
1899, the family did move to their new
homo in Kanabec county and in June,
1900, Aulguire became sick and infirm
and was treated by Dr. Bacon as stated.
Aulguire had little of this worlds
goods left and after the constable sold
off what little stuff belonged to the old
man there was only a few dollars left
and the poor man was practically pen
niless.
At the time he was sent to the hos
pital no notice of his removal was
given to the board Of county commits
sioners of Mile Laos county, though
one OF the Sisters afterwards sent let
ter to Milaca addressed to the ''Board
OF County Commissioners Of Mile Laos
County," At the meeting of the board
last January the hospital sent in bill
of 1854 for the care of Aulguire up to
the eighth day Of January and the
claim was disallowed in February
The action was brought by the Sisters
against the county and the case was
tried without a jury. The evidence
was submitted and the attorneys sub
mitted briefs to the court. Attorney
German of St. Cloud, who appeared for
the hospital authorities, claimed that
Aulguire was pauper and was resi-
dent of Mile Laos county, not having
lived in Kanabec county one year, and
also that the county was duly notified.
County Attorney Ross in his reply
stated that there was no evidence that
Aulguire was pauper or that his resi-
dence was in this county and that no
application was ever made for his re-
lief to the county commissioners of
Mile Laos county or either of them,
and he insisted that decisions cited by
appellant were irrelevant. He con-
cluded by saying that ''the respondent
admits its ignorance of the existence
of the Office of assistant county physi-
cian." which DR.. Bacon was termed in
appellants brief.
Judge Baxter says in his decision:
"All of the allegations and statements
contained in the complaint in said &C.
ton are true in all respects. as therein
set forth. AS conclusions of law I find
that the plaintiff is entitled to judy
ment as demanded in said complaint"
In his notes Judge Baxter says: ''The
defendant offered no evidence upon the
trial of this action and tacitly admitted
that the allegations of the complaint
are true. The only defense made is
that said complaint does not state
cause of action; and in support of such
defense the defendants counsel cites
the case of Patrick VS.. Town of Bald
win, IS N. W. 274, in which there is a
very able and exhaustive opinion by
the supreme court of Wisconsin; but
upon the only point upon which said
decision has any bearing in the case
the liability of the defendant in the
absence of an express contract-the
doctrine stated i9 said opinion does
not prevail in this State.
''Tessier VS.. Town of Lake Pleasant,
81 MINI. lbs.
( S'sAs the only question before the
court is whether said complaint states
cause of action, think the plaintiff
is emitted to Judgment; for while the
complaintzmight be made more definite
and certain it is not in my opinion, sub
ject to the objections made by the de-
PENDANT. a'I~
''As defendant has made but the sin
gle point referred to I deem &c unnec-
essary to consider any other.''
A stay of thirty days was granted.
County Attorney Ross before taking
any further steps in the matter will
consult the wishes of the county COM
missioners. s#.