Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-05-20

Charles H. Duff, Walter Il. Srea' ana
Glenn A. Lawrence. Approved May IS.
Asst. Atty. Gen. Dunbar
on Quarantine Expense
The State must assume the payment
OF bills contracted when a person is In
quarantine in plantations having a
population Of less than 200 and valu-
alton of less than 100000, according to
an opinion rendered Friday by Hon.
Oscar H. Dunbar of Jonesport. the as
sistant attorney general.
DR.. Youns's Query.
The decision was rendered in re-
spouse to a reques. by DIR. A. G.
Young, secretary of the State Board OF
Health DR.. Young's letter was as fol-
lows:
In a plantation of 81 inhabitants
family of seven is Guaranteed on ac-
count Of the presence Of scarlet fever
in that family. The head of the. fam
lily, the father, has been obliged to ask
aid for his family during quarantine
for provisions and the material for do
ing the fumigation.
Il would thank you for your opinion
as to how the bills in a case Of this
kind should or may be paid: By the
planta ton, by the nearest town or by
the State.
When an infectious disease has &C.
Cured in towns, plantations, or unor-
ganized townships the State Board OF
Health has made it Il point not to pay
any bills incurred by anybody for the
treatment or care or the support or the
quarantine of persons or families af-
fected with the disease, unless the
work has been done by the agents Of
that State Board or it's executive Of
ficer authorizing the person or per-
sons to do the work.
Mr.. Dunbar's Reply.
The reply of Assistant Attorney
General Dunbar is as follows:
Il am in receipt o.: yours Of recent
date in which you state that family
is quarantiEed at Great Pond, other
wise known as Plantation No. SO, be-
cause of the presence of scarlet fever.
that the family has been obliged to
ask for aid, in such case, who is liable,
whether the plantation itself, the near
est adjoining town or the State
Il beg to quote in full. Chapter 25 Of
the Public Laws of 1909:
Section /. Whenever any person
or family is placed in quarantine by d
board of health, to pI otect the public
against smallpox, carlet fever. diph-
iberia, or any other dangerous or con-
tagious disease, it shall be the duty OF
said board to assist such person or
family if in INDECENT or in needy
condition while in quarantine, in such
q manner as in the Judgment of the
board may be deemed wise and neces-
sory.
Section .. All expenses. including
ali supplies of food and medicine in
Guiding antitoxin incurred in carrying
out the provisions o. Section / of this
act or incurred in furnishing families
Of persons affected with tuberculosis
with burnable spitcups or other sup
plies needed to prevent the spread OF
infection. or such part thereof as the
board may determine, shall be deemed
legitimate expenditure for the pro-
lection of the public health and shall
be charged to the account Of incidental
/ expenses of the town.. but not to any
| pauper account, nor shall any person
SO quarantined and assisted be con-
sidered a pauper or be subject to dis
i reimbursement for that cause unless
such persons are already paupers as
defined by the Revised Statutes
This law was amended by Chapter
ISL of the Public Laws of 1915, by
adding thereto tho following: But the
provisions of this section shall not re-
lease the State from the obligations
which are imposed UPON it by Sections
thirty, thirty-one, thirty-two and
thirty-three of Chapter twenty seven
Of the Revised Statutes
! 1T is therefore my opinion that the
State is liable for expenses as provid
cd by the 1915 amendment above cited,
during such quarantine.
| "Pla ntation No. 50. is less than one
hundred III population and less than
one hundred thousand dollars in valu
alton. the last census showing a popu-
lation of fifty-four and the last as
sessment a valuation of $4,000.
"By Chapter ISL, Public Laws of
1915, previously cited. it is provided
therein that the State shall not be re-
leased from obligation imposed BY
Sections 80, 81, 81 and SO of the Re-
vised Statutes Of 1903.
! Section "a of the Revised Statutes
reads as follows:
"Planta tions having a population OF
two hundred or more and valuation
of at least one hundred thousand dol
lars shall hereafter support the pau
pers therein in the same manner that
towns now do, and the expense there
for shall not be chargeable to the
State.
1T will be readily seen from the
valuation and population as herein
stated regarding this plantation that
this section of the law does not apply
to it, and that the State must assume
the payment Of bills contracted when
a person is in quarantine. If of course
they are INDECENT and in a needy con
EDITION, and that such persons shall net
be treated as State paupers although
the money may come from that ap.
preparation, because it is provided il
Section of the Public Laws Of 1909
Chapter %. that guaranteed person.
assisted shall not be considered pau.
pers or be liable to disfranchisemen
Unless such persons are already pau