The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-10
COUNTY MUST
HELP INDIGENTS
Commissioners Can Not Refuse
Assistance to Kon-residents.
ARE LIABLE FOR ALL BILLS
OGDEN WINS ITS SUIT IN THE
SUPREME COURT.
ARE LIABLE FOR ALL BILLS

The county is both legally and moral
/ " bound to care for nonresident indi-
+ gent persons who may apply for assist
ance 10 the board of county commits
sioners, according to a decision handed
down yesterday in the supreme court
by Associate Justice Bartch- It has
+ the concurrence of Chief Justice Bas-
KIN and the non-cOncurrence of District
Judge Hart, who sat upon the bench
and heard arguments in the case.
The action was brought by the city
( OF Ogden against the county commits
slOnerS of Weber county TO collect a
+ Dill Of $17-42, which had been expended
on Inomas Ray, a nonresident, aged
a, who applied to the city for aid and
/ assistance. The county refused to take
care of the man and declined to pay
the SlL42 expended by the city. Suit
was brought. The defendants entered
a general demurrer, which was sus-
tanned by the trial court and the case
| dismissed To that judgment the city
! appealed. and is sustained by the SUI
/ preme court. Commenting upon the
case the supreme court says in part:
! Commissioners Must Render Aid.
1T viii be noticed that. under sub
/ division 40, it is the duty of the board of
county commissioners ito provide for the
/ care and maintenance of the INDECENT
sick and otherwise dependent poor of
the county It is insisted, for the re-
/ spondent, that this language does not
! include nonresident pauperS; that the
statute was intended to confer jurisdic-
/ ton upon a board of county commits
/ siOners to provide and care only for
I paupers who are residents of the cOun-
/ ty; and that such a board owes neither
a legal nor moral duty to nonresident
paupers.
| stFtarrx-i,,e- +tfS cor+aptio,, to sts 1ae~is -
4 innate conclusion and, in view of the
action of the board in this instance it
means that, no matter what the ext
( gency, such board owes neither a legal
nor moral duty to a pauper who is not
an actual resident of the county Of
such board, even though he may have
an actual and legal residence in some
other county of the state, and even
though such pauper may have met with
a misfortune from which he would
! perish before aid from the county of his
residence could reach him. This, in
deed, would be cold, rigid and harsh
construction of the statute, and one
which cannot receive our judicial sane
ton
Non-Residents are Included
1T cannot be, nor does the context
warrant us to hold, that the legislature,
/ by the use of the words, dependent
poor Of the county intended to with
hold aid in cases of emergency, from
such unfortunate beings, in all counties
except the county of legal residence.
There is no express language in the
statute which renders such a construc-
ton imperative and, in the absence of
such language, We must refrain from
lmputing 10 that coordinate branch of
the government an intent so much at
variance with the dictates of humanity
and all human sympathies.
IF then the statute, in such helpless
cases, does not exclude nOn-residents
of the county where application for aid
is made, who are residents Of other
counties of the state, then, by parity
Of reasoning, does il not exclude, under
similar circumstances, unfOrtunates
who may chance to have their legal
residence without the state. The same
provisions of the statute apply in either
I case. Nor is there anything in any
provision of law on this subject which
initiates against our Interpretation OF
, the statute.
In Interest Of Humanity.
5 The enactment was made in the in
terests of humanity and mercy, and
! must receive a liberal cons tructiOn. Sc
as to carry into effect the humane and
benevolent policy adopted by the legis-
latuTe- Evidently the intention Of the
/ lawmakers was to provide mode for
the IelleL OF poor ana SuIeIluG human
ity. and there is no requirement thai
the recipient of the county must have
an actual legal residence in the county
before the board of commissioners car
act. When a person is found within q
county who is INDECENT sick and other
wise dependent poor it is the duty Of
such a board to render such aid and
! assistance as necessity demands
Where. however, the applicant for aiC
3 is nonresident. it is doubtless alsC
the duty OF such board to remove him
as soon as practicable, to the county
or state of his residence
b If, in any case, the emergency is
such as to require it, and, upon proper
| application, the board refuses to act
and some other party then fUrnishe:
necessary and requisite aid, we, in sucI
s event, see no good reason why the cOun
t ty. refusing to perform its statutory
2 duty, should not be held liable for TIT
2 expenses necessarily incurred WI
-, think. under our laws, such liability
e under such circumstances, results, b!
4 impIcat fOli because of the derelictiOl