The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-08
In the Opinion Of City Attorney Joss
the state Board Can Do Work
and Charge to City.
CLAIM OF DIR. EGUENE BUEHLER
MIR. JOSS SAYS THE BOARD HAS NO
LEGAL RIGHT TO PAY $4,000.
business of the Claim, However, Is
Recognized by Him-AnOther
Chance for the Council.

City Attorney Joss met with the city
Board of Health yesterday TO discuss the
situation with reference to the fund for the
suppression of contagious diseases There
is not enough left in this fund now to main
tain the contagious disease hospital and the
guarantees in the city for longer than
week. The Council Monday night declined
to vote an additional appropriation of $1,000
This placed the board face to face with the
necessity of seeking other means to main
tain the fight against the disease.
City Attorney Joss advised the board that
it did not under the charter possess the
right to declare an emergency and require
the money NEEDED from the city treasury. He
did advise the board that the health laws
passed by the last Legislature authorize the
State Board of Health, in all cities where
the authorities refuse, fail or neglect to
properly care for epidemic diseases, 10 as
sumo control and charge the expense to the
city. The only course left open 10 the city
board is to exhaust its resources and then
appeal TO the state board to take charge.
The city board has made Secretary Hurry,
of the state board, acquainted with the
situation, and he will doubtless be prepared
TO act whenever the time comes.
ANOTHER CHANCE FOR COUNCIL.
The city board has. however. decided to
pirate the money before appealing to the
state board. Mayor Bookwalter is expected
to return to-day or tomorrow and he will
be asked to call a special meeting of the
Council to consider an appropriation Of
5000. If this fails then the course outlined
will be followed.
Mr.. Joss also advised the board that it
could not legally allow DR.. Eugene Buehler,
ri " nj ia ia wi Wi n IN
him for treating smallpox cases during the
winter. At the beginning of the winter
with the Board of Health that he would
make the diagnoses of smallpox cases free,
but that he would be compensated for treat
ing cases after they had been diagnosed.
W nile Mr.. Joss doubts the legality of any
sucn allowance to DIR. Buehler, he is salts
fed that the city should justly pay him,
because of the nature of the work and the
circumstances surrounding Ii. DIR. Buehler
is advised by his attorneys that the city
may legally pay the claim and that an ac-
ton at law would recover 1t for him.
DR.. Buehler recorded eve.y visit he made
during the winter in such work, and the
amount asked-$2,0O0-i for 1.4S2 visits. The
Health Board and Mayor Bookwalter and
Controller Breunig recognize the Justice of
tice of il, but holds that the strict con-
struction of the charter does not admit of
its payment.
NONE OTHER AVAILABLE.
When the smallpox work was begun last
winter it was found that physicians capa-
BILE of giving such service as was required
in preventing the spread of the disease
would not sacrifice their practice for any
consideration. Previous administrations,
none of which had the number of cases that
existed last winter, had hired diagnosticians
and medical attendants, thus relieving the
city sanitarian. The City Dispensary physi-
clans could not be used because that would
ruin their diSpenSary practice, and the City
Hospital staff could not be used for any
phase of the work. Ii was necessary for
some one to undertake the work. DR.. Bueh-
Ter reluctantly did it, after the board had
assured him that he would be compensated.
for il meant the temporary ruin of his
private practice. DR.. Buehler'S work is
well known. His indefatigability, his zeal
and his personal efforts were given entirely
10 the campaign against the disease and
ne was required to go night and day for
months. Such duties were not deemed by
the Health Board to be part of his duty
as city sanitarian, and the board looks
upon his work as one of great public value.
Physicians charge So to $40 for visiting
contagious diseases DIR. Buehler has asked
about the regular price Of visit to any
patient. 1t was a work which no compe-
tent physician would take and which an in
competent one could not be trusted with.
Had the board employed medical attend
ants il would have cost $4,000 additional.
These facts are urged in support of the
justice of DR.. Buehler's claim.