Waller v. Wood

• Decision Date: 02 April 1885
• Docket Number: 11,729
• Citation: 101 Ind. 138
• Parties: Waller v. Wood
• Court: Indiana Supreme Court

101 Ind. 138

Waller v. Wood

No. 11,729

Supreme Court of Indiana

April 2, 1885

From the Steuben Circuit Court.

S. A Powers and G. B. Adams, for appellant.

J. A Woodhull and --- Brown, for appellee.

OPINION

Best C.

The appellee filed the following verified claim against the county:

"Steuben County, Indiana,

"To H. D. Wood, Dr.:

"As health officer Steuben county, for the year 1883, $ 250."

This claim was allowed by the board of commissioners, and from such order the appellant, who was a taxpayer of the county and who felt aggrieved by the decision, appealed to the circuit court. The appeal, upon motion, was there dismissed, and here such ruling is assigned as error.

It is obvious that this claim was for services rendered as "health officer" of said county, under and by virtue of section 4993, R. S. 1881. This section is in these words:

"The trustees of each town, the mayor and common council of each incorporated city (except where a regular constituted board of health, by ordinance of such city, now exists or may hereafter be created), and the board of county commissioners of each county shall constitute a board of health, ex officio, for each of the several towns, cities, and counties respectively of the State, who shall perform such duties respectively required of them by this act without compensation. They shall annually, in the month of January, complete their organization by the election of a secretary, who shall be a physician. The secretary of such local boards of health, and the secretary of any regular constituted board of health of any incorporated city, shall be the health officer of every town, city, or county, respectively, for the purposes provided in this act, and shall be allowed such compensation from the town, city, or county treasury, respectively, as the board electing them may determine: Provided, That the secretary of each county board of health shall render such medical and surgical services as may be required by persons confined in the county jail of such county, and such other medical services as may be required of him by the board of county commissioners."

By virtue of this section, a physician, who is selected by the county board of health as its secretary, is entitled to such compensation from the county treasury as such board may determine. This the appellant concedes, but insists that the authority to make such officer an allowance for such compensation is conferred upon the board of health, and not upon the board of commissioners, and as the allowance in this case was, therefore, unauthorized, any person interested and aggrieved might appeal therefrom under the general statute authorizing appeals from the board of commissioners. This position can not be maintained. The statute above recited does not confer any authority upon the board of health to make such allowance. It simply authorizes such board to determine the amount of compensation, and when determined the duty rests upon the board of commissioners to cause it to be paid out of the county treasury. This is done by an allowance upon which the auditor draws his warrant upon the treasurer. This is the usual mode, and the statute does not change it. If,...