112 Minn. 24 | Minn. | 1910
Lead Opinion
The plaintiff was the health officer of the city of Mankato, and commenced this action in the district court of the county of Blue Earth to recover $1,695 for necessary services rendered in connection with eradicating and controlling an epidemic of smallpox and typhoid fever in the defendant city, pursuant to an alleged contract with the board of health of the city. A general demurrer to the complaint was interposed by the city, and the trial court made its order sustaining it, from which the plaintiff appealed.
The complaint alleges, in effect, that the plaintiff was, during all
It is urged by the defendant, in support of the order sustaining its demurrer, that the services rendered by the plaintiff were a part of his official duties as health officer, and, further, that the contract pursuant to which they were rendered was void, for the reason that plaintiff was a' member of the board. We find it necessary to consider only the question of the validity of the contract which is the basis of plaintiff’s claim against the city. The complaint affirmatively shows that he was a member of the board of health — that is, a public officer — and that he entered into the contract with such board for the performance of the professional services for the value of which he seeks to recover in this action. Such contracts are forbidden by R. L. 1905, § 5032, and are void. Stone v. Bevans, 88 Minn. 127, 92 N. W. 520, 97 Am. St. 506; Young v. City of Mankato, 97 Minn. 4, 105 N. W. 369, 3 L.R.A.(N.S.) 849; Town of Martinsburg v. Butler, supra, page 1, 127 N. W. 420. The rule that such contracts are void and cannot be enforced rests on a wise
It is, however, claimed in effect by the plaintiff that the statute and the rule do not apply to a board of health, and that it may employ one of its members, its health officer, for the purpose of controlling and suppressing an epidemic of contagious or infectious •disease. The cases of City of Mankato v. County of Blue Earth, 87 Minn. 425, 92 N. W. 405, and that of Chairman of Board of Health v. Board of Co. Commrs. of Renville County, 89 Minn. 402, 95 N. W. 221, are relied on as supporting the claim.
The case of City of Mankato v. County of Blue Earth was based upon Laws 1902, c. 29, and was commenced to collect from the county the expenses incurred in controlling an epidemic of smallpox in the city, and in the care and medical treatment of certain persons who were stricken with the disease. Such persons were a county charge, but the county physician refused to care for and treat them. Thereupon it was done by the city health officer’, who was a physician,. and the reasonable value of his services and the value of the services of the health inspector were included in the bill against the county and allowed by the district court. On appeal to this court it was urged that the trial court erred in not deducting from the bill against the county the items for the services of the health officer and inspector, for the reason that they were not entitled to compensation'for looking after epidemics, and that the services rendered were a part of their official duties. This court held that the health officer, upon the refusal of the county physician so to do, was justified in incurring the expenses and in personally rendering the medical services, and that the county was liable therefor. It is apparent that the validity of a contract of the character of the one here in question ivas not determined in that case and that it is not here in point.
The case of Chairman of Board of Health v. Board of Co. Commrs. of Renville County, wdien read without reference to its facts, seemingly supports the contention of the plaintiff. In the case ■cited a destitute family, having a legal settlement in the county .and residing in the village, were taken ill with smallpox. The vil
It is suggested that the board of health was confronted by an emergency which justified it in making the contract with the plaintiff. The case of Dewitt v. Mills, 126 Iowa, 169, 101 N. W. 766, is cited in this connection; but in that case the health officer was not a member of the board which employed him. An emergency confronts a board of health in every case of an epidemic of con-' tagious or infectious disease; but this affords no reason why such cases should be excepted from the statute by the court, for the board may employ, when the emergency justifies it, a physician other than one of their own number to render the extra medical services.
We therefore hold that the contract alleged in the complaint in this case between the plaintiff and the health board, of which he was a member, was void, and that the demurrer was properly sustained.
Order affirmed.
Dissenting Opinion
I dissent.