Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-02-08
PAGE SEVEN

cf To contract.
The board of supervisors made Ger.
tain rules respecting the matter of ron
Gcring air to persons other than pau
pers, one Of which was as follows;
That county aid shall be withheld
from any person or persons who en-
gage in riot or laWeSsness, or any
violation Of the statutes also to those
who go out on strikes or refuse or
neglect to accept work when it is avail.
able Several of the persons who
were relieved by the city, to be REIN
bursed for which the suit was brought,
we're coal miners, and on strike at the
time they were taken with smallpox,
and the rule above quoted Is invoked
TO shield the county from liability.
1t is not the purpose Of the
statute to permit the county board
to discriminate between different
classes or persons of different occupa-
tions. " We think the rule above
quoted is unreasonable and void and
affords no defense to appellants claim.
In this case, as above stated, the iudg-
ment Of the Circuit Court was re-
yersed and the case remanded for an
other trial.
Attorney General Stead in his re.
port G90S) page 1873 says: When
an epidemic, such as smallpox, breaks
out the establishment of hospitals or
dispcnsaries or pesthouses, and the
establishment and maintenance of
quarantine with guards to enforce the
same. is for the purpose of preventing
the spread Of dangerous epidemic,
and is for the direct benefit Of the
general public OF such cities and viii
lagos, and the law casts upon such
cities and villages under such cir
cumstanccs. the expense of maintain
ing the same.
Generally speaking, they are simply
health regulations and are local. When
any person in such city or village.
during an epidemic of infectious or
contagious disease, is afflicted with the
same, and by improvidence or mis-
fortune is unable to procure nursing.
provisions and medical attention, the
county is liable for the same, under
said section p of chapter 1917, above
referred to-
Attorney General Lucey in his re-
port 1915), page 332. discusses this
subject and seems to hold that the
county is liable
Attorney General Brundage 0917-
1879, page G5S, says, Noting your
second proposition, | will say that in a
matter Of quarantine, where the per
sons under quarantine are paupers.
there are two separate and distinct
classes of expense, one is the expense
incident to the establishing Of such
quarantine and the other is the ex-
pense of medical attendance and sup
port of the persons under quarantine.
Where a city in the exercise of its
powers established quarantine, the
expenses incident to the establishing
and maintaining same are expenses
which come under the first class above
mentioned, and for which the city
would be liable. But expenses for med
zeal attendance and support of a pau
per who is under quarantine are ex
penScs which come under the second
class above named, which under the
rule announced by the Appellate Court,
in the case of the City Of Spring Val
ley VS., County of Bureau, lis App.
545, are imposed upon the county by
said section n of Chapter 107.
1t will be noted that in his opinion,
Attorney General Brundage refers to
paupers, but inasmuch as he speCifi-
cally refers to the Spring Valley case
as being the one on which he POUNDS
his opinion. it is evident to us that his
opinion refers to all poor and INDECENT
persons even though they have not
therefore been On the pauper list of
said county.
While we believe it has been the
rule Of this Board in the past to pay
the necessary expenses Of quarantine
only in cases where those afflicted had
before that time been on the pauper
list Of this county, vet we believe from
the foregoing opinions that the cities
are ildDIb OnIS IDf i!t expenses iuCl-
dent to the establishment and main
tonance Of quarantine and that the
county is liable for the medical attend
anco and support Of persons under
quarantine
All of which is respectfully submit
ted,
f. +. WILLIAMS.
GEORGE f. BELL,
JOHN WILIE,
ELMER ROBERTS,,
County Attorney.
Recorder,
The following report Of the Recorder
was read and on motion of Supervisor
Seipp, was adopted by the following
vote.
Ayes Andrews, Bell, Breuer, Breu-
ming, Bronson, CalIagan, Charley Con,
merton. Dayy, Driscoll Doyle. Dunn,
Farley Farnsworth, Hawley, Healy.
Hottie. Hill, Hearty, Holland. Hunter,
Johnson Kastcnbein Kuhn, Langley.
Larson, Lewis. ODonnelI. Pool, Reed,