Donahoe v. Minnehaha County

• Decision Date: 03 July 1941
• Docket Number: 8414
• Citation: 299 N.W. 238,68 S.D. 131
• Parties: WILL E. DONAHOE, Appellant, v. MINNEHAHA COUNTY, SD Respondent.
• Court: South Dakota Supreme Court

68 SD 131, 299 NW 238 (1941)

WILL E. DONAHOE,

Appellant,

v. MINNEHAHA COUNTY, SD

Respondent.

South Dakota Supreme Court

Appeal from Circuit Court, Minnehaha County, SD

Hon. John T. Medin, Judge.

#8414 – Affirmed.

Boyce, Warren & Fairbank, John R. McDowell, Sioux Falls, SD

Attorneys for Appellant.

E. D. Barron, State’s Atty., Sioux Falls, SD

Attorney for Respondent.

Opinion filed July 3, 1941

WARREN, J.

An action was brought by plaintiff as superintendent of the Minnehaha County Board of Health to recover for services performed by him as such superintendent for investigations, visits and examinations pursuant to our statutes and under the provisions of the rules and regulations adopted by the State Board of Health. Such services and mileage in the performance of his duties cover a period from April 12, 1936, to November 30, 1938. This action was brought on for trial before the circuit court. After the completion of the hearing the court entered findings of facts, conclusions of law, and a judgment in favor of the defendant county. In due time plaintiff perfected an appeal to this court from the judgment and the whole thereof. Appellant states that the sole question at issue is whether under the evidence appellant was entitled to judgment against the county.

The findings show that the appellant was appointed superintendent of the Minnehaha County Board of Health and that he performed the duties as such during the time covered by the account for services and mileage and that there was a total amount of claims presented in the sum of $4,501.75 of which the county had paid $1,494.16. It would seem that from the findings that neither during the years 1936, 1937, and 1938 nor at any other time did the appellant convene the Minnehaha County Board of Health and that no meetings during said years were held. That none of the items for which the appellant sought recovery were at any meeting authorized or directed to be done by the Minnehaha County Board of Health or by the South Dakota State Board of Health, and that there was no authorization or direction by the board of health or anyone to incur the services, mileage and expenses.

The provisions relating to the county boards of health will be found in articles I to 4, inclusive, sections 7675 and 693 SD R. C. 1919, and as amended by chapter 120, SD Session Laws 1925 and Chapter 117, SD Session Laws 1931 (SDC 27.1802-27.1809).

The appellant argues that as superintendent of the county board of health he is holding an office created by the Legislature of South Dakota carrying with it the right of statutory fees and emoluments in lieu of salary and that he became absolutely entitled to the compensation for mileage actually and necessarily traveled and for the various items disclosed by the evidence, and the right to the amounts claimed arises solely by virtue of public service and public relations of appellant upon the performance of his services for which remuneration is sought, and by reason of statutes allowing such remuneration.

Respondent urges that the several ‘Vouchers presented for allowance did not disclose that the work done was in cases where it was necessary for the preservation of the public health, and that he does not state that the work he did was done in cases of immediate danger to the health of persons.

It would seem that SDC 27.1805 must govern appellant’s right to recover as certain matters are subject to the approval of the County Board of Health, and we quote:

“Subject to the supervising control of the State Board of Health, the county board of health, within the territorial limits of its county not included in any city having its own board of health, shall have power: ...

“(5) In addition to the above powers it shall have original power to inquire into sanitary conditions of schoolhouses within the county, and upon complaint and investigation shall have power to abate any insanitary conditions that may be found to exist. ...”

It will be observed that the ...