Mayor and Council of City of Macon v. Bibb County
| Decision Date | 10 July 1912 |
| Citation | 75 S.E. 435,138 Ga. 366 |
| Parties | MAYOR AND COUNCIL OF CITY OF MACON v. BIBB COUNTY. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
By virtue of the Civil Code 1910, §§ 1633, 1646, 1670 municipalities and counties are empowered to establish hospitals and pesthouses for persons afflicted with smallpox the house established by the municipality being for the care and detention of those within the city limits, and the county pesthouse being for the care of those who reside in the county, but outside of the municipality. Where a municipality, instead of maintaining its own pesthouse combines with the county for the treatment of its patients at the county's pesthouse, on the basis that the expense is to be apportioned between the municipality and the county according to the number of patients from the city and the county, the city will not be absolved from its obligation to pay its share of the expense, on the ground that the county's pesthouse is maintained by revenue derived from taxes laid upon residents of the entire county.
Where a county, by written proposal, offers to receive, care for, and treat, at the county pesthouse, persons afflicted with smallpox, who are residents of the city, upon the basis that all expenses connected with the operation of the county pesthouse shall be apportioned between the city and county according to the number of inmates coming from the city and county, and the city shall pay its share monthly, and that the arrangement is to be terminable on 30 days' notice by either party, which proposition is accepted by the city, and where the city in subsequent years, during the pendency of the arrangement, sends smallpox patients to the county pesthouse, which patients are cared for according to the terms named in the county's proposal, the city will not be relieved from the payment of its proportionate expense, on the ground that the arrangement of the city and county to combine the pesthouses is void, because, as it is contended its effect is to create a debt extending beyond the current year, and to bind the successors in office of the city.
Error from Superior Court, Bibb County; W. H. Felton, Judge.
Action by Bibb County against the Mayor and Council of City of Macon. Judgment for plaintiff, and defendants bring error. Affirmed.
Lane & Park, of Macon, for plaintiffs in error.
W. G. Smith and Harris & Harris, all of Macon, for defendant in error.
The action is by Bibb county against the mayor and council of the city of Macon to recover of the city its pro rata expense of the county smallpox hospital, while jointly used by the city while under a contract with the county. The exception is to the overruling of the city's demurrer.
It appeared from the petition that on December 21, 1903, the mayor of the city of Macon addressed a communication to the board of county commissioners, suggesting a plan for a common pesthouse for the treatment of smallpox. A committee was also appointed by the mayor and council of the city of Macon, for the purpose of effecting some arrangement with the county authorities for the admission of white persons afflicted with smallpox from the city to the county pesthouse. A conference followed, and as a result the following proposition was submitted by the county authorities to the city "Whereas the mayor and a committee of the city council of the city of Macon, in company with a committee of the board of health of the city of Macon, this day came before the board and suggested, in the interest of economy, that some arrangement be entered into between the city of Macon and the county of Bibb, whereby the city could secure the use and benefit of the county smallpox hospital for the white patients and suspects of the city, and thereby avoid subjecting the city to the expense of establishing a separate smallpox hospital for the exclusive use of the white patients of the city: Ordered, that such suggestion be approved; and this board agrees and hereby offers to admit to the county smallpox hospital all white patients and suspects of the city sent there by proper city authorities, upon the understanding and contract that all the expenses connected with the operation of the county smallpox hospital, including expenses for enlargement or addition thereto, as long as the same used thus jointly by the city and county...
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