The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1918-10-25
MAJORITY SATISFIED
WITH SETTLEMENT.

At its annual meeting last week
the county board succeeded in effect
ing settlement with Doctors John o.
and Walfred Won Zellen Of the small
pox cases, which have been in contro-
versy for over fifteen years.
In 1902 and 1903 the doctors were
employed by several townships and
villages to look after certain poor peo-
pie who were i'll of small pox and 9TH
er contagious diseases. Bills were
presented by the doctors amounting
to over $20,000.00. Many of these
bills were allowed by the township
and village authorities and certified to
the county for payment. Under the
statute then in force the county board
could not audit or dispute any such
claims after the township or village
authorities had passed upon them and
certified the same. The county boards
from time to time have thought the
total amount demanded was exces-
sive, and while it was always conceded
that the doctors had rendered valua-
BILE services to the residents of Bara-
ga county in helping to stop the epe-
demic of small pox at that time, and
had supplied large amount of medi-
cine from their drug store, the matter
has never been settled.
| In 1905 the county board, after a
very careful investigation conducted
by Mr.. Woodward, supervisor Of Spur
township, mining man then in
charge of some iron properties, and
who was experienced in accounting
and business affairs, voted to allow
$5,000.00. This amount the doctors
declined to accept, claiming it was
grossly inadequate compensation.
Suits were started and the matter
dragged for three years.
In 1908 the county board in April,
after another careful investigation, al
lowed SS,000.00, which the Zellens then
would accept, but payment 'was de-
layed by temporary injunction is
sued by Judge Streeter until the ac-
tion of the board could be reviewed.
From 1908 until 1917 the matter
was up for adjustment many times,
but the parties could never agree. In
1917 the doctors insisted that the mat
ter be brought on for hearing and an
informal hearing was had before
Judge Sullivan, whom Judge O'Brien
called in to sit in the case because
having at one time been interested as
an attorney in the case, he was dis
qualied. Judge Sullivan somewhat
censured the county Board for not
paying two items on which there was
no possible ground for dispute, and
urged an immediate settlement or dis
position of the whole matter.
At the annual board meeting ir
1917 the parties tried to get together
but the %ellens then wanted over $12,.
10000 in settlement, and the county
board declined to vote that amount
The Zellens insisted that thew should
have the SS,000.00 allowed in 1908
with interest, aggregating over $12,'
10000. i
After the parties failed to agree ir
1917, the Court urgently insisted that
the matter should be disposed of
Trial was delayed because Of wal
work and work incident to the draft
and Red Cross. 1t had been agreed
however, to dispose of the case by 9
trial at this October term of Court
about to begin, and which had beer
adjourned.
The settlement of this legal tangle
and long standing dispute comes as 8
result of several conferences between
the attorneys representing both sides
and after consultation with represent
ative residents and county officials. Il
has been generally conceded that the
settlement Of the matter at this tim,
for $8,000.00 is very fair to all inter
ests. Nearly all taxpayers consulted
by board members have so expressed
themselves. Many who have though
the bills as originally rendered wer'
excessive, have agreed that settle
ment at $S,000.O0 was very fair, ans
preferable to further litigation.
The settlement effected by th'
board at this time has saved the coun
ty the interest since 1908 on the pay
ment then stepped by injunction
which, at 8 per cent interest for th'
10 years, would be over 100000. 4
the amount allowed by the board il
1905, which the doctors declined to'ac
cept, was fair settlement at 5000.
90, interest on s5,ooo.oo since 1906