67 P. 35 | Idaho | 1901
— On the eleventh day of January, 1901, respondent presented his bill to the board of county commissioners of Bannock county for the sum of $330.60. On the twenty-sixth day of January, 1901, the board of county commissioners passed upon said bill, allowing respondent sixty ■dollars and sixty cents, and disallowing the balance in the sum of $270. Respondent appealed to the district court of said county. On the fifteenth day of March, 1901, findings of fact and conclusions of law were filed, and on the same day judgment was entered reversing the action of the board of county commissioners of said county. From this judgment appellant appeals to this court, and assigns errors: 1. In finding, as a matter of fact, that Frank M. Watson was, in April, 1900, purchasing agent of Bannock county, under the order cf the board of county commissioners made and entered Janu
“This agreement, made and entered into this eighteenth day of January, in the year of our Lord one thousand eight hundred and ninety-seven, between Bannock county, of the state of Idaho, the party of the first part, and Hubert A. Castle, M.D., of the city of Pocatello, of the county of Bannock, of the state of Idaho, the party of the second part, witnesseth: That in consideration of the agreements and covenants of the party of the second part, as hereinafter specially set out, the party of the first part hereby covenants and agrees to and with the party of the second part to pay him the full sum of four hundred dollars ($400.00) per year for the term of two years from the eighteenth day of January, A. D. 1897, payable at the end of each and every quarter, and to furnish him or to allow him the actual expenses of transportation to all points in Bannock county more than one mile outside of Pocatello City, for his services and total compensation in giving surgical and medical attendance and doing and performing all things necessary in the cases of indigents and paupers whomsoever that may or shall become a charge upon said county during the years of grace 1897 and 1898. And in consideration of the undertaking and agreements hereinbefore expressed, on the part of the party of the first part, the said party of the second part hereby specifically covenants and agrees to and with the said party of the first part as follows, to wit: That he, as a duly licensed and practicing physician and surgeon, will, during and for the years 1897 and 1898, attend promptly to all cases of sickness, accident, and injury happening indigents, paupers, and all persons whomsoever that may or shall become a charge upon said Bannock county, when notified of such cases, either by any member of the board of county commissioners, or the clerk of
“BANNOCK COUNTY OF THE STATE OF IDAHO,
“By FRANK M. WATSON,
“Chairman of the Board of County Commissioners of Said County.
“[Seal] H. A. CASTLE.
“Witness: THEO. TURNER.”
No other contract appears in the record, and the trial court finds that it is the only written contract ever entered into between the county commissioners and respondent. On January 11, 1898, the board of county commissioners caused to be entered in their minutes the following entry: “In the matter of contracting for medical attendance, etc., of indigent persons: The said matter coming on to be considered by the board, and the same being duly considered, it is ordered that H. A. Castle, M. D., be, and he is hereby, employed and authorized to furnish all indigent persons who are properly and legally county charges, and to the inmates of the county jail, all necessary medical attendance, medicines, medical and surgical dressings, etc., for which he shall receive as compensation in full the sum of four hundred dollars per annum, to be paid quarterly, by a warrant drawn upon the current expense fund of Bannock county. It is further ordered that the term of such employment be one year from and after this day. It is further ordered that the chairman of the board, Frank M. Watson, Esq.,
The court finds that in the month of April, 1900, Frank M. Watson, who was chairman of the board of county commissioners and purchasing agent for the county, instructed Dr. Castle to look after smallpox patients, and told him that the county
Counsel for respondent contends that the bill of respondent was created under the provisions of sections 1150-1154 of the Bevised Statutes, and that, being a part of the expenses of the board of health as a majority of the officers who under the law constitute the hoard, the same became and is a charge against Bannock county, and should be paid as provided under section 1154 of the Bevised Statutes. The five sections referred to read:
“See. 1150. The board of county commissioners of each county must, biennially at their regular meeting in January, appoint one intelligent person residing in the county, who must be an experienced and skillful physician, and the person so appointed, together with such board of county commissioners, con
“See. 1151. Said county board of health must make and establish for their county, or any district or place therein, such sanitary rules and regulations as they may deem necessary and proper to prevent the outbreak and spread of contagious and infectious diseases; and any person failing or refusing to comply with or obey said rules and regulations of said boards is guilty of a misdemeanor.
“See. 1152. It is the duty of every practicing physician to report promptly to the county board of health, of the county in which he resides all or any disease of an infectious or contagious nature under treatment by him, and said board must at once take the necessary precaution to prevent the spread of such contagious or infectious disease.
“See. 1153. The board of health of any county may declare a quarantine therein or in any particular district or place therein against the introduction of any contagious or infectious disease prevailing in any state, territory, county or place, and of any and all persons and things liable to spread such contagion and infection. The said county board has authority and power to enforce such quarantine until the same is raised by themselves, and may confine such afflicted person or persons liable to spread such contagion or infection to the house or premises in which he or she resides, or if such persons have no residence in the county, to a place to be provided by them for the purpose.
“Sec. 1154. All necessary expense incurred by the said county board of health in enforcing the provisions of this act must be paid for out of the treasury from the current expense fund of the county.”
The judgment of the trial court is reversed, with costs to appellant.