58 Mich. 452 | Mich. | 1885
Each of these relators presented claims allowed by the proper board of health, for services and other dues incurred under their duty to take measures to prevent the spread of small-pox. The supervisors allowed more or less of the accounts, but refused to allow the rest. In their answers they present various supposed excuses for the disallowance. None of them are such as they could lawfully rely upon.
Mr. Elliott’s claim is for services as nurse in the pest-house, at four dollars a day, — allowed by the supervisors at
In this case it could make no difference what patients were in the pest-house. Relator Elliott was employed to act as a nurse there, and it in no way concerned him what was the pecuniary standing of its inmates. The board of health have the power and responsibility of providing such a house and nurses to attend it. It was held in Rae v. Flint 51 Mich. 526, that the public is primarily responsible for such expenditures, and that it would be contrary to public policy to endanger the public health by' making it impracticable to employ help who would not be sure of their pay. The exigency of a pestilence will- not wait for the convenience of parties, and measures must be prompt and effectual. The board of health must have power to make necessary contracts, and this involves all their terms. This was decided in the early case of Bristow v. Supervisors of Macomb County 3 Mich. 475. There was nothing in Elliott’s claim which was open to inquiry before the supervisors, and they should have'allowed it as presented. There is no possible issue left open.
Trenchall’s claim was for care of certain small-pox patients under employment from the board of health, and for articles
Paquette’s case is not distinguishable in principle from Elliott’s.
It is very much to be regretted that respondents have been so ill advised as to attempt to avoid the payment of these claims. The statutes designed to protect the community from infection are of the utmost importance, and persons cannot be compelled to risk their lives to take charge of patients, unless they choose to do so. Suitable and competent persons cannot be procured without fair remuneration. It would be dangerous in the extreme if such matters could be left open to the caprice of any public bodjq after the immediate danger is ended, where notions of thrift may interfere with those of humanity. The law has not left these matters open to any such risk, and it is the duty of courts to see that it is not disregarded.
The writs must all issue as prayed.