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MCHENRY PLAINOEALER McHenry, III., Thursday, July 22. 1909 THB BOARD OP SUPERVISORS Official Proceedings of the Adjoarned Jane Meeting, 1900 The honorable board of supervisors of McHenry county. III., met pursuant to adjournment, at the court house lq Woodstock, on Wednesday, the 7th day of July. A. D. 1909. at 10 o'clock, a. m. The meeting was regularly called lo order by the chairman. Wm. Desmond. The failo\$ing named supervisors re­ sponded to their names at roll-call: D. M. Wright. W. H. Ward. John Baldock. William Desmond. F. D. Perkins. J. K. Williams.' H. F. Heiuemann. J2. C. Jewett. C. W. Thompson, H. M. Turner, Li. B. Covell. J. B. Richardson. S. H. Freund. Ben Throop. and L. E. Mentch.' constituting a quorum. The minutes of the last meeting were read and approved. The clerk presented the opinion ren­ dered by State's Attorney Joslyn on the matters refeired to him by the board, at the last meetinc. and at th^ request -of board same was read, sa-td opinion being as follows, to-wit: June 22. 1909. Hon. William Desmond, Supervisor of Hartland. Woodstock. 111.--Dear Sir: At the last mating of the board of sup­ ervisors I was re^'ieeted to furnish an opinion as to who should pay for the services of the several overseers of the poor in the towns of this county, in view of the recent change from town­ ship to county supnort. I find in our statute no direct provisions covering this matter, but section 126. chapter 139 of Hurd's Revised Statutes of 1908 enu­ merates the different things that may be deemed "town charges." Ia ihis list no provision is made for services rendered by town officers to the e.onn- ty. and section 25. chapter 107. Hurd's Statutes of 19us provides that the over­ seers <>f tlie poor shall make a full re­ port of all their actings ajid doings in regard to the poor to the county board. S-ction 26 of the same chapter provides lor a:i appropriation by the county board "for the payment of n.-cessary expen­ ses of such relief and support of the poor." Section 27 of the same chapter provides that "when the poor are sup­ ported by the towns, the overseers shall make such report to the board of town auditors, who shall audit and pay trom the town treasury such expenses." From the above it would seem to me that as the services of the overseers of the poor are now rendered to the county and not to the township, that the county ought to pay for such ser­ vices. However, the case of Brtinner vs. Madison county reported in the 111 111., beginning on page 11. seems to be decisive of this auestion and In It the supreme court holds that no pro­ vision has been made for compensating overseers of t.he poor by the county. And Inasmuch as section 39. chapter W. of the revised statutes mentioned in this, case provides for the compensation of supervisors arid ends up with the provision that "supervisors shall receive no other compensation whatever." it seems that th* board is powerless to pav for services rendered by overseers of the poor from the county funds. In view of this decision (Bruner vs. Madi­ son county) it is a close question as to whether the several townships would, under the present arrangement, have power to compensate their overseers of the poor, inasmuch as the services are no longer rendered to the township. It seems to be the meaning of the de­ cision above referred to. that over­ seers of the poor, where the poor are supported by the county, receive no compensation. for their services, because of the fact that the Legislature has neglected to provide for such compen­ sation. This Is a ridiculous condition, and one that In my judgment should be met by the several towns continuing to pav their overseers as heretofore. In regard to the oth.r question asked of me. that is. "Who shall pay th£ necessary expenses in case of the quar­ antine of a house or community by reason of the presence therein of a contagious disease'.'" 1 find that it Is ihe duty of a county to render med­ ical aid to sick persons who do not come within the definition of paupers but who have not money to pay tor such services. This question being de­ cided in the case of The City of Chester vs. The County of Randolph, 112 App. B10. section 24. chapter 107. Hurd's Statutes of 1!«C8. provides: "When * • any person coming within the defi­ nition of a pauper of any county or town shall fall sick or die. not having inoney or property to pay his board, nursing and medical aid or burial ex­ penses. the overs-* r or overseers of the poor of the town or precinct In which he may be. shall give or cause to be kiven to him such assistance as they may deem : necessary and prop­ er." etc. Under this si-ctlon it is clear­ ly the duty of the ov< rseef to care tor poor people who may be quarantined if they are sick themselves. As to those persons who may be quarantined and aie not sick, the law is not so clear, but I am of the opinion that If they are poor and are prevented from earning a livelihood by reason or be­ ing quarantined. ,t that they then be­ come entitled to temporary relief and assistance from the overseer of the poor, at least to the extent of feeding them. And I am of the opinion that where they are possessed of sufficient means that the persons quarantined are liable themselves. In the case of ihe county of Perry vs. the city of OuQuoin. which was a controversy as to whether the city or county was li­ able for the f&od. medicine, nursing, etc.. of smallpox patients, the court in deciding the case uses this language: "The objects of the aid which is ren­ dered in the i resent instance were in­ fected with the smallpox. It was the dutv of the citv to restrain them from goin^ ahroaid. They could not be sent to the poorhouse. for they were not paupers, but poor persons, accidentiy smitten With a contagious disease. If we shall suppose the city was not jus­ tified in furnishing them with food, medicines, nursing etc.. during the pe­ riod of their restraint, what was to become of them? They had no means of their own. they could not go abroad to beg alms, thwy could not be sent to' the poorhouse. The county board lhiade no provision for them and there was no one else whose legal duty it \va.* to rrt \ i«k tor them. It was in oui opinion trie duty of the county board to furnish them with food, medicines and nursing, and the fact that they were, during time, restrained with­ in the limits of hospitals or pesthouses in nowise relieved the board of that duty Had these persons been pecu­ liarly abl<» the liability for their food medicine, nursine- etc.. manifestly Would have be^n personal: but not having been peculiarly able, the liability falls on th<> county." From this it seems that the same test should be applied to per­ sons afflicted with a contagious dis­ ease and quarantined as would be ap­ plied under other c'rcumstances. that is. if they are poor and unable to take care of themselves, the county is li­ able £iid must care for them, and this Is so' even though the poor person may have some little property, as in one instance where the person relieved had a couple of cows, the court hekl that he should not be compelled to dispose of the cows before being cared for by the county. I trust that the above may satisfactorily answer the two questions submitted to me. Respectful­ ly submitted. DAVID R. JOSLYN. Mrs. Minler. representing the state board of charities, appeared before the board and called the attention of the members to a lack of female help at the poor farm, also to the matter of sewerage. In response to which It was stated by the board that they realised the need. had made unsuccessful ef­ forts to obtain efficient female help and asked the co-operation of Mrs. Minier In the matter. A list of claims against McHenry county was presented bv the clerk and on motion duly seconded was referred to the proper committee. It was thereupon moved by Sup. Wright, seconded by Sup. Throop. that board adjourn to 1 :30 p. m. for commit­ tee work. Motion carried. * 1:30 p. m. Board met pursuant to adjournment, present all members exeflbt Sups. Brotzman and Whipple. The committee on labor, fees and supplies made the following report, which was adopted, to-wit: Mr. Chairman and Gentlemen of the Board of Supervisors1 Your committee on labor, fees and supplies claims would l>eg leave to report that they have ex­ amined all claims presented to them, and recommend the payment of the fol­ lowing and that the clerk be directed to issue orders on the. county treas­ urer to the claimants for the several amounts allowed, as follows, to-wlt: P. P. Pettibone & Co. supplies co officers $ 40 12 A. S. Wright, drugs, sheriff 13 06 M. M. Morley. serv bunning bal­ lots 3 00 F. L. Kimberly. same 8 00 M. J. Alortensen. janitor service. June 60 00 E. F. Booth, salary asst co supt. May.. 91 66 Same. same. June 91 66 Frank SVhaples. 3 days' bailiff ser 7 50 M. J. Wandrack. 1 day same..... 2 !>( G. W. Conn. Jr. exp as co supt 2^17 L. E Mentch. fee bill Pewple vs. Walker 5 U0 Same. same. People vs. Hanson.. 8 90 Ail of which is respectfully submitted. Ben Throop. L. B. Covell. J<"". D, Perkins. The committee on claims county poor made the following report, which Was adopted, to-wit: Mr Chairman and Gentlemen of the Board of Supervisors: Your committee on county poor claims would beg to report that they have examined all claims presented to them and recom­ mend the payment- of the following and t.'iat the clerk be directed to issue orders on the, county treasurer to the claimants for the amounts allowed as follows, to-wlt: Henry Sullivan, rent for Mrs. DaakS 6 00 Otto Kuntner. rent for Mrs. Grati- tum 6 00 H. H Myers, rent for Mrs. Gluth 8 00 A. G Beath. bread for poor "'20 E. Windmuelier. serv ins trial of • Ajnne Eickstaedt ... 6 00 E. V. Anderson, serv lnq of Rich­ ard H. Fryar 6 00 H D. Hull same 6 00 H rman JColls. milk for Mrs. Walsh .... 10 B0 J. M Harris." coal. T. Hallecy and J. Koltz 3 75 Wm. H^relev. provisions for poor 1 33 A. J. McCarty. mdse for poor.... 123 48 H. H. Megraru groceries for T. Halllsey and G. A. R. relief com 29 46 A. C. Strain, groceries for poor-- 10 89 A. B Pratt & Son. meat for Jas. Sheahan 1 00 Jas. A. Griffin, fumigation 2 00 S. A. Crlssev. re«v Otto Beebe.. 7 00 Thompson Bean Co.. milk for poor " TS2 A. H. Frederick, burial of Wm. Wattyna 25 00 D. G. Wells. M. D. med att Mrs. DeYoung 10 00 All of which is respectfully submit­ ted. E. C. Jewett. Chm. J. B. Richardson. H. F. Heinemann. L. E. Mentch. W. H. Ward. The abatement list * as prepared by W. S. McConnell. county treasurer, showing in detail the name of each Person charged with personal property tax which he has been unable to col­ lect. and errors In assessment of real estate, was presented and read. It was moved by Sup. Turner, and second­ ed by Sup. Ward, that such items ^of tax as can be collected be collected by the treasurer. Motion carried. Rev. Kelsey presented the matter of the claim of the Chicago Industrial Home for Children against the county for board and care of Leon Willis, which had been laid over at the last meeting, stating that owing to the condition of said child It had been Impossible to place him in a home, and stating that he was rapidly improving, and that in his opinion he would eventually be greatly benefited by the care he is receiving at the home, and requested that a committee be appoint­ ed to visit th^ home. It was thereupon moved by Suo. Jewett. seconded by Suo. Turner, that said claim be allowed for $128 and that the clerk draw an order for the same. Motion carried. It was moved by Sup. Mentch. sec­ onded by Sup. Ward, that the chair apnoknt a committee of three to vib- lt said Chicago Industrial Home for Chll^en. Motion carried. The chair appointed v said committee. Sups. Mentch. Jewett and Perkins. Sup. Throop presented the matter of making more frequent visits to the almshouse and farm so that the com­ mittee would be in better position to handle its work. It was moved by Sup. Mentch. sec­ onded by Sup. Perkins, that the com- mif'v. cm almshouse and farm meet once a month to audit bills. Motion car­ ried. Sup. Turner Introduced the following resolution a«d moved its adoption: We. the board of supervisors of Mc­ Henry county, in session at Woodstock. 111.. July 7. 1909. wish to express our genuine appreciation of the commend­ able spirit manifested by the man­ agement of the Chicago & Northwestern Hallway company in the payment of VH23.13 road and bridge tax to the treasurer of this county. The payment of this sum in the face of the fact that the levy exceeded the amount al­ lowed by law evokes this commenda­ tion of a great corporation that is cuided bv the spirit rather than by the letter of the law. Said resolution was unanimously ad­ opted. It was moved by Sup. Turner, sec­ onded by Sun. Baldock. that McHenry county continue to pay bounty on groundhogs and crows for the ensuing year. Motion carried. No further business appearing, it was moved by Sup. Turner, seconded by Sup. Wright, that board adjourn. Mo­ tion carried. Thereupon the board ad­ journed. WM. DESMOND. Chairman. Attest--G. F. RUSHTON. Clerk.