280 N.W. 667 | N.D. | 1938
On October 5, 1935, Hjalmer Johnson, an indigent insane person was committed from Eddy county to the state hospital *397 for the insane. The question then arose between Eddy county and Wells county as to which county was responsible for his care and maintenance. So the state auditor, pursuant to the provisions of § 2576, Comp. Laws 1913, investigated the question of Johnson's residence and determined that he was a proper charge against Eddy county. Thereupon, pursuant to the provisions of § 2577, Comp. Laws 1913, Eddy county appealed to the district court. Thereafter Benson county was interpleaded. Trial of the issues was had in the district court and the court made its findings of fact and ordered judgment that Johnson was a proper charge against Benson county. The matter is here for review on appeal from the judgment entered accordingly.
There is no controversy as to the facts, which are as follows: Hjalmer Johnson was twenty-eight years old. He was an unmarried farm laborer. He had no fixed place of abode. For more than one year immediately prior to June 20, 1934, he had resided and had his settlement for poor relief purposes in Wells county, North Dakota. On June 20, 1934, he left Wells county and went to Benson county. He remained there continuously until February 25, 1935. On that date he left Benson county and went to Eddy county. He remained in Eddy county working as a farm hand, until October 5, 1935, when he was found to be insane and committed to the state hospital for the insane.
All the parties to this controversy are agreed that the responsibility for the care and maintenance of an indigent insane person is to be determined by the law fixing the responsibility for the care and maintenance of the indigent who are not insane. And the district court so held. This holding was correct. Chapter 38 of the Political Code, Comp. Laws 1913, is concerned with the police power of the state. Article 1 thereof, §§ 2496 to 2528, both inclusive, as amended (see chap. 97, Sess. Laws 1933, and chap. 119, Sess. Laws 1935) deals with the support of the poor. It placed the exclusive jurisdiction, control and administration of poor relief in the hands of the county commissioners of each county. Article 1a of said chap. 38, § 2528a, 1925 Supplement to the 1913 Comp. Laws, deals with the care of indigent and crippled children. Article 2 of said chapter 38, as amended, makes provision for the establishment of county asylums *398 and poor farms under the directions of the boards of county commissioners. Article 3a, §§ 2546a1 to 2546a10, both inclusive, of the 1925 Supplement, deals with mothers' pensions. Article 4, §§ 2547 to 2567, both inclusive, Comp. Laws 1913, as amended, deals with the care of the insane. Article 5 (§§ 2568 to 2579, both inclusive,) as amended, provides that the counties of their residence shall be liable for the care and maintenance of insane persons. Section 2568 provides: "The expense for the care, board and treatment of all patients in the state hospital for the insane shall be a charge upon each county sending such patient or patients to the state hospital for the insane, as hereinafter provided for."
Section 2570 provides that when the superintendent of the state hospital has notice that a patient sent from one county has a legal residence in another county, he shall thereafter hold and keep such patient at the expense of and as from the latter county. Section 2572, 1925 Supplement, provides for the levying of a tax to cover the charge for the maintenance of the county's patients at the state hospital for the insane. Section 2576, Comp. Laws 1913, provides that when the question arises as to the county against which a patient is a proper charge, it shall be the duty of the state auditor to make investigation and determine such controversy, and § 2577 provides for an appeal from such determination.
It is clear to us that "legal residence" as used in the several sections of Art. 5, supra, means the same and is to be determined in the same manner as that term means and is determined in Art. 1, as amended, which deals with the support and maintenance of the poor. In this connection, see Hettinger County v. Stark County,
This court has had occasion heretofore to construe and apply the foregoing statutes. See Nelson County v. Williams County, ante, 56,
Under the undisputed facts in this case, Wells county was not liable for the care and maintenance of Johnson since he had lost his residence in that county by voluntary absence therefrom for more than one year. See subd. 6 of § 4, chap. 97, supra. Kost v. Sheridan County, supra; Enderlin v. Pontiac Twp.
"It is argued that if the legal residence or settlement of George Marks and his family is held to be in Ransom county that it will be impossible to determine which township, city or village in that county is chargeable with furnishing them support under the poor relief laws. No difficulty exists upon this score. The same rule applies in determining a question as to `legal residence' or `settlement' where it arises between townships, villages or cities as where such question arises between counties. Burke County v. Brusven,
"From the stipulation of facts in this case it appears that George Marks and his family, prior to February (29?) 28, 1929, had a legal residence or settlement in Shenford township, Ransom county. They have been absent from that township continuously since the time they removed therefrom on February (29?) 28, 1929. They have been absent from that township continuously for more than one year and, hence, they have lost their legal residence or settlement therein. It further appears from the stipulation of facts that George Marks and his family, during the year involved in this controversy, have resided longest in Colburn township. That is, they have resided there longer than they have in any other township, village or city in Ransom county. If this be so, they are proper charges for poor relief purposes of Colburn *403
township. Comp. Laws 1913, § 2501, subd. 4; Burke County v. Brusven,
It follows that Hjalmer Johnson having resided in Eddy county the greater part of the year preceding his commitment to the state hospital for the insane is a proper charge against that county.
The judgment is reversed and the case remanded with directions that judgment be entered in accordance with this opinion.
CHRISTIANSON, Ch. J., and MORRIS and BURR, JJ., and GRIMSON, Dist. J. concur.
SATHRE, J. did not participate, Hon. G. GRIMSON, Judge of Second Judicial District, sitting in his stead.