39 N.W.2d 858 | Minn. | 1949
Myrtle Collins, who had come to Minneapolis for prenatal and maternity care, gave birth to an illegitimate child on March 9, 1945. While in the Minneapolis General Hospital, it was discovered that she had tuberculosis. On April 13, 1945, she was admitted to the county sanatorium at Glen Lake. On April 30, 1945, upon report by the city commissioner of health of Minneapolis to the Hennepin county board of commissioners, she was committed by said board — without notice to Houston county — to said sanatorium pursuant to M.S.A.
"Any health officer shall have the right to report to the board of county commissioners of his county any person afflicted with tuberculosis whom he considers a menace to hisfamily or other persons, and upon the approval of the board of county commissioners, the county sheriff shall remove the person and place him in a public sanatorium or hospital where he shall remain until discharged therefrom by the superintendent of the institution." (Italics supplied.)
Myrtle Collins remained in Glen Lake Sanatorium until April 4, 1947. On August 24, 1945, a representative of the sanatorium wrote *420
to the Houston county board of commissioners asking if they would guarantee the cost of her maintenance and treatment. Houston county denied responsibility for her care. In a contested proceeding held pursuant to §
1-2-3. Where a person afflicted with tuberculosis is admitted to a county sanatorium by virtue of commitment under §
Long before tuberculosis became a separate and distinct subject of special legislation, we had the so-called general communicable *421
diseases act, which originated with L. 1883, c. 132, and which is now in its present form codified as §§
Section
We attach no particular significance to the provision in §
"* * * The provisions of this section shall in no manner operate to abridge or repeal the provisions of section
It first appeared in the statute by virtue of an amendment adopted at the 1929 session of the legislature (L. 1929, c. 255), when the *424
residential qualifications of tubercular persons residing in a county maintaining a sanatorium were changed so that such person would be eligible for admission only if he had been a resident of the county "throughout the year immediately preceding application." The proviso was obviously inserted to make certain that the year's residence requirement should not be construed to prevent a commitment under §
The decisions of Board of Co. Commrs. of Marshall County v. Board of Co. Commrs. of Roseau County (1904),
We are not unmindful that certain opinions of the attorney general are to the contrary. Although opinions of the attorney general are not binding upon this court, nevertheless, with respect to questions properly submitted, such opinions, especially when of long standing and when accompanied by administrative reliance thereon, are entitled to and receive careful consideration. Mattson v. Flynn,
We are aware that our determination of legislative intent places counties found to be the residence of tubercular patients who are committed under §
The judgment herein is reversed, and the case is remanded to the trial court with directions to make a specific finding of the reasonable value of the treatment and maintenance given Miss Collins at the Glen Lake Sanatorium, and to enter judgment therefor in favor of the plaintiff.
Reversed.