State ex rel. Farnham v. Mims
State ex rel. Farnham v. Mims
Opinion of the Court
Appeal from a judgment sustaining a demurrer to a petition for writ of mandamus to
It is averred in the petition that the court of county commissioners have not provided a poorhouse for the maintenance of the poor of the county of Monroe, “but for many years past has provided for and maintained the poor of the county by issuing to them, from time to time, small sums of money which said court has ascertained to be barely sufficient to provide said paupers with the actual necessaries of life; that the warrant issued to your petitioner is one regularly issued petitioner in accordance with said custom of the commissioners’ court to provide for paupers outside of a poorhouse (Italics supplied.)
' It is also averred that the warrant in question “was, by yóur petitioner, duly and regularly presented to said D. D. Mims, as county treasurer, and its payment demanded; that the said D. D. Mims failed and refused to pay said warrant, or to register the same, stating that the said warrant was for a claim not authorized by law,” and.indorsed that reason for his refusal upon said warrant.
It does not appear from the petition that the provision sought to be made for Chanie Farnham by the proceeds of this Avar rant was with reference to an “emergency,” within.Code 1907, § 1607. The demurrer points this objection.
The remedy here invoked is appropriate and available, .if the warrant is founded upon or grows out of a claim •authorized bylaAV to be satisfied out of county funds.—
The concrete question presented by the record is whether, in cases not “of emergency,” county funds may he employed for the maintenance or support of a pauper outside of a poorhouse. It was ruled below that such a use of those funds Avas not authorized. Under the statutes in force AAdien this'Avarrant Aims ordered issued, that ruling must be affirmed. If the statutes on the subject had remained as they were AAdien Henry r. Cohen, 66 Ala. 382, was decided, there Avould be no doubt of the correctness of the appellant’s (petitioner’s) contention. It Aims then held, in effect, that the commissioners’ courts had committed to them a discretion in the application of the well-recognized poAver for the relief of paupers within their jurisdictions. By sections new to the subject in the Code of 1907 (chapter 37, pp. 710-714, of Pol-Code), this poAver Avas limited in unmistakable terms. Section 1607 proiddes: “The court of county commissioners, and in case of emergency, the commissioner of the district, may provide for the temporary relief of a pauper until he can be removed to the poor-house, not exceeding one month.” As appears, a limit of one month is expressly fixed upon the maintenance of a pauper outside of a poorhouse, and then only in cases of emergency. This intent of the statute is further confirmed hy the provisions of section 1603, Avhereby the commissioners’ court are commanded to “prevent the poor from strolling from one district to another.”
The custom alleged in this petition cannot, of course, avail to render Avhollv Amin the limitation of the statute quoted. It was the evident purpose of the statutes to inhibit just the custom to which the pleading refers, and to restrict the support or maintenance of the paupers
The judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- State, ex rel. Farnham v. Mims, County Treasurer
- Status
- Published