Ellison v. Harrison County
Ellison v. Harrison County
Opinion of the Court
The question in the case is whether the board of supervisors may deny relief tq a poor person after the township trustees have once determined that he is a proper subject for relief, and that, in their judgment, he should not be sent to the county poorhouse. Section 1361 of the Code is as follows: “The trustees of each township shall provide for the relief of such poor persons in their respective townships as should not, in their judgment, be sent to the county poor-house. * * The relief thus furnished may be in the form of food, clothing, fuel, lights, rents, medical attendance, or money; but, exclusive of medical attendance, the relief thus furnished shall not exceed the sum of two dollars per week for each person.” Section 1365 is as follows: “The poor must
If these sections are applicable to the same subject, and are to be considered together, there can be no question but the boards of supervisors possess the power attempted to be exercised in the present case. Counsel for appellant contends that they are not of that character. TIis position is that section 1361 defines the powers and duties of the township trustees in counties which maintain poor-houses, and that the other section is definitive of those powers and duties in counties which do not have poor-houses, and consequently they are to be construed separately; and that, as the powers conferred by the former are general, and there is no provision authorizing the board of supervisors to take any action with reference to the subjects covered by it, the action of the trustees is final. We are of the opinion, however, that this position is not sound. It is true that the section immediately preceding section 1365 relates to the powers of the trustees in counties not having poorhouses. The provisions of section 1365, however, are not limited by it, but are general in their nature. There is nothing in the nature of the case, nor in the language of either of the sections, requiring that the provisions of the latter should be so limited. . It is important for the protection of the public interest that the power to terminate the action of the trustees under section 1361 be lodged either in the trustees or some other body. But no such power is conferred upon the trustees, unless, possibly, in cases where relief is extended on account of physical disability which should afterwards be removed. It might often happen, however, that the necessity for relief would cease by the occurrence of circumstances not reasonably to be' apprehended when the
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.