72 P. 433 | Utah | 1903
Lead Opinion
TMs action was brought to recover a certain snm for the care and maintenance of a sick and dependent poor person. The allegations of the complaint show, substantially, that the parties to this suit are municipal corporations; that one Thomas Ray, a non-resident, on February 9, 1902, he being then seventy-four years of age, applied to Ogden City for aid and assistance; that he was physically infirm, sick, destitute, and in need of food, clothing, and medical attendance ; that he had no means with which to furnish himself with care or necessaries of life; that Ogden City notified Weber county of his totally helpless condition, and demanded that the county take charge of and care for him; that the county, through its commissioners, refused to do so; and that thereupon the city cared for him, and, in doing so, expended the sum of $17.42, for which sum a claim was duly presented to the board of commissioners of said county, and by them rejected, and payment therefor refused. To this complaint the defendant interposed a general demurrer which was sustained, and the action dismissed. This appeal is from the judgment.
The principal question presented is whether, under
It will be noticed that, under subdivision 40, it is the duty of the board of county commissioners ‘‘ to provide for the care and maintenance of the indigent sick and otherwise dependent poor of the county.” It is insisted for the- respondent that this language does not include non-resident paupers; that the statute was intended to confer jurisdiction upon a board of county commissioners to provide and care only for paupers who are residents of the county; and that such board owes neither a legal nor a moral duty to non-resident paupers. Carrying this contention to its legitimate conclusion, and in view of the action of the board in this instance, it means that, no matter what the exigency, such a board owes neither -a'legal nor a moral duty to a pauper who is not an actual resident of the county of such board, even-though he may have an actual and legal residence in some other county of the State, and even though such pauper may have met with a. misfortune from which he would perish before aid from the county of his residence could reach him. This, indeed, would be a cold, rigid, and harsh construction of the statute, and one which cannot receive our judicial sanction. It cannot be, nor does the context warrant us to hold, that the Legislature, by the use of the words “dependent poor of the county,” intended to withhold aid in cases of emergency from such unfortunate beings in all counties except the county of legal residence. There is no
We are Of the opinion that there was such an emergency in the present case as justified the plaintiff in furnishing aid and assistance, upon the refusal of the
Nor, under the facts and circumstances disclosed
The action of the court in sustaining the demurrer and dismissing the suit was therefore erroneous, and the judgment must be reversed, with costs, and the case remanded, with directions to the court below to overrule the demurrer and proceed in accordance herewith. It is so ordered.
Concurrence Opinion
I am unable to concur in the foregoing opinion. While the humanity and sympathy involved therein are commendable, still it is a question of the legal, and not the moral, duty of the defendant county. Its only duty to paupers is that imposed by statute.
It should be noted that subdivision 40, section 511, Revised Statutes 1898, is substantially the same as subdivision 5, section 21, chapter 131, page 522, Laws 1896; the same being an amendment of, or substitution for, subdivision 6, section 187, Comp. Laws 1888, as follows “(6) To provide for the care and maintenance of the indigent sick or otherwise dependent poor, transients and residents of the county, erect, officer, and maintain hospitals and poorhouses in their discretion therefor, or otherwise provide for the same; and for such purposes, annually at the time appointed by law for the levying of taxes for county purposes, to levy the necessary property tax therefor,” etc. — substantially same as present statute.
Our present statute empowering the board of county commissioners “to provide for the care and maintenance of the indigent sick and otherwise dependent poor of the county” would seem by its very terms to exclude the contention made by the plaintiff city that this includes transients or the poor of some other county or State. ‘ ‘ The indigent sick or otherwise dependent poor of the county” are those belonging to the county by residence or settlement in the county, and not transients temporarily in the county, and having a residence or settlement in some other county of this or some other State. But assuming, for the purposes of the argument, that there is some doubt or ambiguity as to the meaning of the language.in question, reference to the original statute embodied in this section of the Code would then be permissible for the purpose of making clear or aiding the construction to be given it. Meyer v. Western Car Co., 102 U. S. 1, 26 L. Ed. 59; Viterbo v. Friedlander, 120 U. S. 707, 7 Sup. Ct. 962, 30 L. Ed.
Even if we should take the view that our statute includes support for transient paupers, another serious question is whether recovery upon an implied promise could be had against the county by one who had voluntarily rendered support to such persons. Some cases have been decided squarely on the ground that an action on an implied contract cannot be maintained against a corporation simply because it is a corporation, and not a private person. As was pertinently asked in the case of The Baptist Church v. Mulford, 3 Halst. 182, “could there be a greater anomaly than that the law should imply a promise against a natural person for the sake of justice, and not against a corporation, when the reason is the same?” Without discussing the difference, if
Section 2593, Revised Statutes 1898, limits the rate of taxation for all county purposes not to exceed five mills on the dollar, and if the doctrine is to be established that all paupers, residents and transients, carry with them an implied credit to bind the county for all necessary food, clothing, medicine, lodging, medical and other care, not furnished by the county upon application, it would be possible for designing persons to exhaust the entire revenue of a county for the support of
I am of the opinion that the judgment of the trial court should be sustained.