Hengehold v. City of Covington

• Decision Date: 16 June 1900
• Citation: 57 S.W. 495,108 Ky. 752
• Parties: HENGEHOLD v. CITY OF COVINGTON et al. [1]
• Court: Kentucky Court of Appeals

57 S.W. 495

108 Ky. 752

HENGEHOLD v. CITY OF COVINGTON et al. ^[1]

Court of Appeals of Kentucky.

June 16, 1900

Appeal from circuit court, Kenton county.

"To be officially reported."

Agreed case between Henry Hengehold and the city of Covington and others to determine the right of the city to have plaintiff's children removed to the city pest house. Judgment for defendants, and plaintiff appeals. Affirmed.

B. F Graziani and G. F. Boughner, for appellant.

F. J Hanlon, for appellees.

DU RELLE, J.

By an agreed case, this court is asked to determine these questions: First. Under the constitution and laws of the state, and the act for the government of cities of the second class, has the city of Covington power to pass an ordinance providing for the removal of smallpox patients to a pest house? Second. Can such city by ordinance vest such power, to remove such persons so afflicted to a pest house, in its health board, or in any three members thereof, or in the health officer? Third. Can such removal of persons so afflicted be made by the board of health or of the health officer, notwithstanding the physician attending the patient shall certify in writing that the patient's life would be endangered by such removal, or that he has good and careful attention, and his removal would not be advisable as a sanitary measure? The agreed facts are that appellant's three children aged, respectively, 5, 8, and 13 years, were sick with smallpox, and that the mayor of the city, chairman ex officio of the board of health, and the members of the board of health and their officers, desired to remove the patients to the city pest house, in Kenton county, which removal was prevented by the father. It is also agreed that the disease was very prevalent in the city; that the pest house was in good sanitary condition, with competent nurses and physicians in charge, and ample room and accommodations.

It is to be regretted that, owing to the urgency of the questions presented, counsel have not had time to brief the case further than to furnish a copy of the ordinance of the city and a reference to statutes. By section 2059, Ky. St., it is made the duty of the council of every city of 10,000 or more inhabitants to appoint a board of health of six persons three of whom are required to be competent physicians; such board to elect a competent physician as health officer, who as well as the mayor, is to be ex officio a member of the board. It is further provided that "such local boards shall have the same powers within their respective cities and towns as local boards for counties are invested with by this chapter." Chapter 63. Section 2060 provides for the compensation of the health officer, and for a penalty upon physicians or heads of families failing to report cases of certain named diseases. Section 2055 makes provision for the appointment of county boards, and provides that "such local boards are empowered, and it shall be their duty, to inaugurate and execute, and to require the heads of families and other persons to execute, such sanitary regulations as the local board may consider expedient to prevent the outbreak and spread of cholera, smallpox, yellow fever scarlet fever, diphtheria and other epidemic diseases; and to this end may bring the infected population under prompt and proper treatment during premonitory and other stages of disease. ***" This section gives power to the boards to go upon and inspect premises believed to be in an unclean and infectious condition, to enforce regulations adopted by the state board, and contains provisions, also, for reports to the boards of cases of such epidemic diseases. By section 2056 the local boards of the border counties are empowered to declare a quarantine against contagious and infectious diseases prevailing in other states or counties, and large powers are given to them to prevent the importation of infected persons or articles. Section 3058, Ky. St. (being section 1, subd. 4, of the act for the government of cities of the second class), gives to the council authority "to establish and enforce quarantine laws and regulations, to prevent the introduction and spread of contagious diseases in the city and within two miles thereof," to provide for the destruction of diseased food products, to establish and maintain hospitals in and out of the city, to condemn property therefor, "to secure the general health of the inhabitants by any necessary measure," and "to constitute a board of health and elect or appoint necessary health officers." The city ordinance of Covington organizing and establishing the board of health provides, in section 3,...