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HomeMy WebLinkAbout1938.03.04IN THE COUP~T OF COMI\ION PLEAS of JEFFEP~SON COUNTY, PENNSYLVANIA Number 148 of April Term, 1938. RALPH DIXON v~rt~tT M. C. SUTTEP~, G. 0. SCHUCKEP~S and S. EMORY KLINTZ, County Commissioners and ex-ofTicio Exe- cutive and Administrative Otpicet•s of Jefferson County Institution District, and JEFFERSON COUNTY IN- STITUTION DISTP~ICT, a body coY•porate. Opinion Of I-lonorable J. C. Long, President Judge Filed Jttne G, 1938. IN THE COU JEFFERSO\ No. 1 I: M. C. SLITTER, G. KUNTZ, County Cor tive and Administra Institution District, STITUTION DISTR ~~o~ert M. Morris, I ~ ,' ~ Attorney for Plai: ~` ' .Hon. John P. Wann~ j'~~ For Commonweal ~~ 1 ` P~aymond E. Frown, County Solicitor, District, Defenc Harry W. McIntosh, Solicitor, for Alley Amicus Curiae. Gallup, Potter & Gal Solicitors, for Mc~ Harry M. Showalter Solicitor, for Unix P. H. Marks, Esq., County Solicitor, District. Willis MacDonald, I County Solicitor, f trio. James B. Landis, E. County Solicitor, District. 2. LONG, P. J., June 6, 1938. This case arises by some time past has be virtue of the plaintiff's petition for a wt•it of manda- monly known as diab mtzs. The pleadings consist of the petition for writ of meat. mandamus, return thereto, the petition to intervene on the part of Hon. Arthur W. Howe, Jt•., Secretary G. That the pet of Public Assistance of the Commonwealth of Penn- Januaz•y 1, 1938, upon Sylvania, and Order of Court made thereon (no ob- cian, was using with jections having been filed thereto), authorizing and as insulin as treatrne~ dit•ecting the name of Arthur ~V. Howe, Jr., Secretary was furnished to him of Public Assistance of the Commonwealth of Pem1- C. Sutter, G. 0. Schuc syl~%ania, to be made a party plaintiff to the above missioners of Jefferso captioned pr°oceedings, and Plaintiff's Demurrer from officio Directors of J . the pleadings we find the following which Poor District w sembly as of January FACTS 7. That since J; Ralph Dixon, has refit 1. That the petitioner, P~alph Dixon, resides in O. Schuckers and S. E Falls Creek, Jefferson County, Pennsylvania, and has ministrative Officers c a legal settlement in Jefferson County Institution Dis- District as aforesaid, trict. to be used by him as 2. That the Jefferson County Institution Dis- which he is suffering; trict is a body corporate with capacity to sue and be their solicitor, have re sued and was created by an Act of Assembly of the fuz°nish him with the Commonwealth of Pennsylvania, approved June 24, such refusal that the; 1937, P. L. 2017. under the terms of s 3. That M. C. Sutter, G. 0. Schuckers and S. cognate legislation to fi Emory Kuntz az•e Commissioners of Jefferson County, or other medical relies Pennsylvania, and are ex-officio Executive and Ad- tution District. ministrative Officers of said Jefferson County Institu- 8. That P~alph D tion District, as provided by Section 302 of said a~. supply of insulin to be of Assembly. his disease and has b 4. That the petitioner, P.alph Dixon is an ad~,'- physician, but, by reas~ , indigent person, having a legal settlement in Jeff ~ r- purchase the same. son County Institution District, and requires pul~li~~ 9. 'That said peti~~ inmate or patient in th caz°e because he is unable to earn a livelihood . 5. That the said Ralph Dixon is nom and ; n,' ed by said Jefferson C 10. That demand 4. on upon the said 117. C. Sutter, Cx. 0. Schuckers and the furnishing of mec S. Emoty Kuntz, Executive and Administrative Of- of our Commonwealth facers of Jefferson County Institution District, abody- reason of the several corporate, to furnish him with insulin which he needs 24, 1937." for treatment of his disease, and they have refused Robert 117. Morri; and continue to refuse to comply with such demand. half of the petitioner. 11. That the petitioner alleges that it is the matted, raises this qt duty of 117. C. Sutter, G. 0. Schuckers and S. Emory does the institution c Kuntz, Executive and Administrative Officers of Jef- ~ vide said indigent per ferson County Institution District, as aforesaid, in cal care required, su< the performance of their public duties, as well as of mate of said home o the said Jefferson County Institution District, a body Public Assistance Lai corporate, to furnish him with the medical relief and require the Common treatment demanded by him, and that such duty is vide such medicine al imposed upon them by the aforesaid Act of Assembly. partment of Public A 12. That Ralph Dixon has suffered an injury On the pat•t of t special and peculiar to himself. District, defendant, > 13. That Ralph Dixon is tivithout other adequate ty Solicitor, set forth. and specific remedy at law. County Institution Di 14. That Hon. Arthur W. Howe, Jr., is Secre- 21, 1937, P. L. 2017, tary of the Department of Public Assistance of the medical care to an inc Commonwealth of Pennsylvania tlement therein, who 15. That by virtue of his petition to intervene or almshouse and is t and the agreement of counsel for the plaintili" and de- Gallup, Potter & fendants an Order was made, wherein the Court Kean County Institul authorized and directed that the name of Arthur W. question : "Does the Howe, Jr., Secretary of Public Assistance of the Com- Public Assistance Lai monwealth of Pennsylvania be made a party plaintiff the County Institutiot to the above captioned proceedings. cal care and treatmet the Commonwealth, ~ DISCUSSION Institution District f This matter came on for argument, at n-hich time limited to such indig I-Ion. John P. Wanner, Deputy Attorney General, fined to hospitals, al argued in behalf of the petitioner. He said, "The sold managed by the Inst: question before the Court so far as the Common- In addition to tI wealth is concerned is to place the responsibility for tiff, the intervening G. tors who appeared in behalf of their respective Insti- obligations; imposir tution Districts, Harry W. IGIcIntosh, Esq., Solicitor institution districts i'or Allegheny County Institution District, filed a brief lating the affairs of for his district, amicus curiae. His statement of the wising, amending, cl question involved is : "The question is whether or not relating to the care a County Institution District created by the Act of ing laws." June 24, 1937, P. L. 2017. (No. 396) is required to The sections ne furnish medicine or medical care and treatment to an ~~Section 101 indigent person having a settlement in such institu- l.nown, and may be tion district, but who is not an inmate of its home or District Law'." almshouse, and is not in danger of hydrophobia." Section 102: ` The Court was favored with and is indebted to unless the contest c all of the counsel who appeared in behalf of the re- " `Commissioner spective parties, for exhaustive bx'iefs and able argtt- ers of the county. meats concerning their analysis, tinder the facts, of " `County' meat the Acts of Assemb]y involved and their interprets- wealth, except a co tion of each. county shall not be c Tvvo acts of legislature are involved. The plead- in any city of the s ings require us to interpret Act No. 396 of June 24, " `Institution D 1937, P. L. 2017, known as the "Cowlty Institution stitution district m District Law." the county or the de The Title of No. 396 is : "An Act creating in each the first or second c] cotmty (except of the first class) as a separate cor- " `Dependent' r poration, and in each city of the first and second class ing public care becat as a part of the city government, an institution district " `Institution' n for the care and maintenance of certain indigent per- almshouse, hospital sons and children; prescribing the powers and duties commissioners of t of county commissioners, county treasurers, city de- welfare of a city of pat•tments of public welfare, the State Department oC " `Local Author Public Assistance in respect thereto ; abolishing cer- sinners acting as twin poor districts and terminating the terms of di- trict ........ " rectors, overseers, guardians and managers of the Section 301: ' poor and poor district auditors, and providing for the Each cotmty as her temporary employment of certain of them; providing district to be know for the transfet•, vesting, sale and disposition of thr~ District', which disc property of poor districts and the payment of their the capacity to sue S. and convey real and personal property, and to make "(b) To contr contracts ........ " for the care of any Section 302: "OfFicers of County Institution Dis- "(c) To contra tricts; Abolition of Poor Directox•s-The Commis- sylvania organized t sioners of each county shall be the executive and ad- for deaf and dumb ministrative ofTicers of the institution district of that meat in the county a county and the county treasurer shall be its trews- ent having a settlen~ urer ........ " deaf and dumb or b Section 30~: "Powers and Duties as to County ployment; Institution District Property-Asa function of the "(d) To contri institution district and with its funds, the commis- all or part of the cox sioners of each county shall have the power and it in foster homes anc shall be their duty : children ; "(a) With the appx•oval of the Department of "(e) To pay t Welfare to acquire, by purchase or the right of emirs- care and maintenan ent domain, lands and buildings for the care of de- confined in institute pendents and for farms, taking title in the name of other State institute the county institution district. the same extent as "(b) To erect, equip, maintain, repair, alter poor districts, and t and add to institutions for the care of dependents, and by law on poor dist to equip, maintain, cultivate and improve farms, us- maintenance. In like ing their produce for the support of depend- be liable to institute eats ........ Lions for mental pat "(d) To pay the other necessary expenses of cost of the care and the institution district." eats, in the same rr Section 401, "POW>JP~S AND DUTI)JS OP' IN- spect to the liabilit; STITUTION D1STP~ICTS : districts ; "Powers and Duties as to Care of Dependents "(f) To take and Children-The local authorities shall have the required by law." powex•, and it shall be their duty with funds of the Section 402: " institution district or of the cite, according to rules, partment of Public regulations and standards established b~- the State shall have power to Department of Welfax•e- indigent person in t "(a) To care for any dependent, h~i~-ing a set- to them by the DeI tlement in the county or city-, ~~-ho is n~~t otherwise by a local board, w cared for; detex•mination of sup 10. Section 403: "Provisions for Burial of Depend- tions, as directed by ents and Other Persons-Except as otherwise provid- for statistical purp~ ed by law, the local authorities of any institution dis- shall be by them m. trict shall provide for the burial of any dependent who time of their admiss dies in the county or city, or any person who dies ed or committed for suddenly within the county or city, unless his body is physician in charge claimed by a relative by blood or marriage, or by a ord the nature of the friend, or by his fraternal or veterans' organization, it was contracted . . or by a charitable organization, or by the Anotomical We have been Board of the State of Pennsylvania ........ " "Public Assistance ] Section 404: "Treatment of Persons in Danger TITLE : "An of Hydrophobia-The local authorities of every insti- providing for and 3 tution district shall provide with approved medical classes of persons c care and proper attendance (including the so-called ent children, aged Pasteur treatment where prescribed) all indigent per- persons requiring r sons settled within their district who may be assumed tration of this act 1 to be in danger of suffering from hydrophobia or sistance and county rabies by x•eason of having been bitten by an animal ated for this purpo~ believed to have been suffering from said disease, and Public Assistance to to order payment of the expenses so incurred out of disburse moneys re funds of the district or city for the care of depend- Government for ass: ents." for the liquidation Section 406: "Contributions for Medical Care- Board, Boards of T~ The commissioners of each county and the city coon- Fund, and Boards cil of each city of the first and second classes shall the Blind ; and repe< have the power to make annual appropriations from sistance, pensions fo the funds of the institution district or of the city for the State Emergent; the support of any public institution operated, or to The sections wl any nonprofit corporation organized, to give medical Section 2: "D. care to the dependents and children of the county or of less otherwise Indic the city tivithout discrimination as to membership in " `Assistance' n any organization ox• as to race or sect." shelter, services or Section 408: "Reports of Persons Applying for State or Federal fu Treatment of Disease-Each institution district shall side in Pennsylvan: make a record of all of the personal and statistical them to maintain fo particulars relative to the inmates of their institu- a decent and healt 12, indigent, homeless or transient persons. The word, State, in all matters assistance, shall be construed to include pensions for of the department u those blind persons who are entitled to pensions, as "(e) To recei~ provided in this act. meat of funds, prop " `Local Board' means any county board of assist- or from any other ante, established tinder the provisions of this act, and «-ealth for assistant shall include any county relief board or Board of "(f) To gathE Trustees of the Mothers' Assistance Fund, or Board constantly, and to x of Trustees of Pension Fund for the Blind, until a- Governor, as to the r bolished in accordance with law." the amount allocate Section ~ : "Administration of Act-This act the work of each lc shall be administered by the Department of Public ports to be publishe Assistance, and the local boards in the several cotta- ]ic:.......... . ties of this Commonwealth." Section G : "P Section 4: "General Powers and Duties of De- hoard of Public A: partment of Public Assistance-The Department of promulgate rules ai Public Assistance shall have the power, and its duty ministration of thi: shall be: eligibility for assist "(a) To allocate to the local boards, on the basis Section 9: "L+ of heed, and as may be required for blind pensions, as hereinafter spec. fwlds with which to provide assistance, and funds for case of pensions fot administrative expenses, and as may be needed, from lowing classes shall time to time, to keep a reasonable emergency fund in accordance with in the hands of local boards, which shall be used by established by the the executive director for the furnishing of assistance with the approval of in emergency cases, upon application to him, or un- to eligibility for ass: der the direction of any member of the local board ; " (a) Depex~de "(b) To establish, with the approval of the State hoard of Public Assistance, rules, regulations ~~(b) Aged pe and standards, consistent with law as to eligibility for "(c) Blind pe: assistance and as to its nature and extent; "(d) Other pc "(c) To supervise the local boards, and to es- sylvarxia for at leas tablish for such boards, rules, regulations and stand- the date of applicati ards, consistent with law; ante to enable then "(d) To cooperate with other agencies, includ_ their dependents a ing any agency of the United States or of another living; 14. "(e) Any person within any group, defined in most exclusively frc this section, who has aquasi-settlement in this Com- practice. monwealth until he is removed to his place of legal In 1936 a commi settlement." lief was organized It is a well recognized principle in ascertaining and more effective s the intention of the legislature in passing a statute lief in the Common that in every case where the construction of an act is "Goodrich P.eport," ~ involved its history may be resorted to as a guide. under the title, "A Mile's Estate, 272 Pa., 329; Commonwealth vs. Qetia,ker gram for Pennsylva City Cab Co., 287 Pa. 161; Comm,on2vealth vs. Charles, in part : "That Penr 114 Pa. Sct. 473. sistance of needy pe In 1862 William Penn's first Assembly provided poor relief, unempL for the care of the poor by the Courts. On January 12, children in their owe 1705, Statutes at Large, Vol. 2, c. 54, the Legislature sistance) and in fost of Pem7sylvania enacted a general poor law, based al_ aid to the blind be most wholly on the English law of Queen Elizabeth's ministered through time (1601) . The relief of the poor, both outdoor and each county, sub j eci almshouse relief, tivas placed under the control of the manent department overseers of the poor, with full jurisdiction over all "That the count types of applicants for relief. The Act of February Poor Boarcls be abol 27, 1789, c. 1960, provided for the erection of alms- ers, duties, rights, a houses in two eastern counties and placed the duty on door relief and the c~ County Directors of the Poor instead of the previous (erred to the Count Township Overseers. powers, duties, nigh In addition to the three general provisions of the almshouse and other Poor Laws, 1771, 1836 and 1925, many special laws to the County Comn were enacted. These various acts of the legislature Mr. Justice Di created 425 poor districts, with 967 Directors of the Court in Poor Distri Poor. They established and maintained 85 almshous- "As a direct result es. In 1934 the State Department of Welfare, as the ]owing Acts were p result of a study made by it, with the assistance of 1.937, P. L. 2051, ~~ Federal funds from the Civil Works Administration, historic function of and the Division of Social Surveys, published a re- in their own home port called "Poor P~elief Administration in Pennsyl- ministration of suc vania." This report revealed that the principles of boards, one in each Pennsylvania's general Poor Laws were inherited al- of June 21, 1937, F 1 G. stitutional care for certain indigent persons with Poor Districts, whosE physical or mental infirmities on a State-wide basis poor relief. These arc „ which reference may The Institution Distr What was the intention of the legislature in given any of the p~ enacting Acts 396 and 399, respectively? The intent subject to any of the of the legislature is to be found primarily in the Act. tl•icts. They are bod Where it is ambiguous the Court may look to the ob- and as such we muss ject to be accomplished. Williams vs. Rheas, Inc., 99 sembly which create Pa. Sec. 438; Oxford Coal Co. vs. Fidelity & Caszccclt~ ers, duties and resp~ Conapccrzy of Neav York. 248 Pa. 311. no higher than that When the words of the statute are not explicit lure of statute and the intention is to be collected from the context, from Commonwealth, wits the occasion and necessity of the law, from the mis possesses only such chief felt, and the object and remedy in view, and the necessarily implied intention is to be taken or presumed according to what ed. 15 Corpus Juris is consonant to reason and good discretion. LVilli.am-s rs. Rh.eas, Inc., supra.. However, where the language The property of within the control o of a statute is plain and unambiguous, there is no oc- Assembly abolished casion for construction. Grayson vs. Ai~~rr.an, Irzc., 253 ~ 1tS fxn1Ct1011 t0 a1101 Pa. 461; Coruanslrar~~noclc vs. Arnastron-~ Co2~nt~, ~1 have vested autonla Pa. Sct. 386. Unless good grounds can be found in absolute control so the statute for restraining or enlax•ging the meaning the Court cannot subtract therefrom or of its words use. Meri~wetlaer 2~s. , add thereto. Commo~rtwealtlz vs. Clucrles, supra; see The law is we] lions are purely crc Statutor•~~ Constructi,or~ Ac•t, 1937, P. L. 1019, Art. 4, subject to its contrc sec. 51 ccnd 52. Unquestionably, the two Acts of Assembly, ed at the pleasure o: namely Acts 39G and 399, respectively, which were ap_ property turned ov poration and their proved by the Governor on the same day, were intend- ed by the Legislature to establish a uniform system such other body .Rg 829; Hunte~r° vs. E for caring for the poor of our Commolwealth, and, . District Case (No. to divide the responsibility, as indicated in each Act, Justice K ~ ~ Mx• between the Commonwealth and the Institution Dis- . . - ` speaking for the Su tricts created by the Act. 290 I Martin. et al. Prior to this legislation there were no institution , distl°icts in Pemisylvania. They have succeeded the maY al~l~roP1'iate st 18. tenance of indigent, infirm and mentally defective per- sons, without ability or means to sustain themselves, but such acts of appropriation are voluntary acid do not create rights, duties or obligations ; there is no right in the beneficiax•y to the px•ivilege. Discretion- ax•y acts are those of grace; they do not create rights, duties or obligations. They are merely privileges ac- corded here, because of the condition of life of those receiving aid. It can not be denied that the State may, if it chooses, shut off all such relief without the slight- est injut•y to the govet•nment .......... " It would thus appear that without legislation the Common- wealth would have only a moral obligation to provide for its subjects. Mx•. Wanner, the learned Deputy Attorney Gen- eral, in his Prief and argument in behalf of the plain- tifl•, agrees that there is no express enactment in the Acts Nos. 396 and 399, respectively, requiring the ln- stitution District or the Department of Public Assist- ance to furnish medicine and medical care to the plain- tiff, an indigent adult person having a settlement therein, who is not an inmate of its home or alms- house and is not in danger of h3=drophobia. He con- tends that by implication we must find that Act No. 39G makes the Institution District responsible for such care acid attention and That further, by impli- cation, Act No. 399 should be construed to mean that the Department of Public Assistance is not liable for the plaintiff's medical care and attention. How shall we analyze these Acts? The definition of "assistance," Section 2 of the Act No. 399, 1937, P. L. 2051, reads as follows : " `Assistance' means as- sistance in money, goods, shelter, services or burial, provided from or with State or Federal funds, for in- digent persons who reside in Pennsylvania and need assistance to enable them to maintain for themselves and their dependent. of living, and for inc sons. The word, ass elude pensions for th to pensions, as prove Mt•. Wanner con out inthe preceding for the argument of ing that the furnish rests solely upon the IIe maintains that t mice rendex•s service Commonwealth throe ports in connection sistance, through di: sistance and finally and visitations to t sistance, and that s Department of Publ tion of the legislate the word "services.' He fux•ther con already appropriate nium 1938-39 for re] Department of Publ ficient to last until t propriates further f ere to appropriate ; why this Court sha mean that the Legis partment of Public tines and medical c thousands of other citizens who are not home or almshouse, phobia. 20. We think the latter contention is untenable be- era. Keliher. 115 Ma cause it is a matter of common knowledge and we take 235. judicial notice of the fact that the Leg;slature appro- Where a plain printed one hundred thirty-eight million dollars for as undertaker, the the biennium 1938-39, which sum, together with the tiff's statement, wa millions which are being paid monthly by the Federal ed, but included ma Government, is being used for relief administered evidence was prop. through the Department of Public Assistance. hearse, limousines, The Department of Public Assistance is not a and expenditures i party defendant. If it were we doubt seriously our singer. Kro~i Liver authority to determine any liability against it. How- (Ib7o.) 280 S. tiV. 59 ever, counsel for the defendants contend that although The word "ser Act No. 399, known as the Public Assistance Law, among other thing: may not contain an express provision i•equir•ing the one who serves ; lal Department to provide for this plaintiff, nevertheless, ance rendered; obli that it does, by implication, require it to furnish the quired; useful office plaintiff with the necessary medicines and medical at- promotes interest ~ tention, because Section 102 of the Act No. 399 defines advantage conferrer "assistance" as meaning "Assistance in money, goods, performed, done or shelter, services or burial, provided from or with required for use. K State or Federal funds, for indigent persons who re- tiVeaver, supra. side in Pennsylvania and need assistance to enable The defendant, them to maintain for themselves and their depend- tore meant, while i eats a decent and healthful standard of living and for der Section 2 of th indigent, homeless or transient persons ........ " word "money" cov The plural noun "services" is often used as hav- claimed by the plait ing the same meaning as the singular "Service" and it be construed to in is held to mean labor, worl~ done by one person at other medicines; th the request of another, ......although it has been provided from or said that in the plural the term involves more than able the plaintiff ar mere labor, and signifies much more than merely the ing similar physical act of performing labor, and may include, as well, ex- for themselves and penditures, materials, and things furnished. 57 Cor- healthful standard pns Ja~ris. 278. The meaning of the word "services" is and medical care s broad enough to include expenditures as well as la- of living provided bar. Tracy vs. >%Vaters. 39 N. K. 190 (Mass) ; So~ne~:~ not be had. 22. -~ They further contend that by virtue of section citizens a reasonable 4 (a) of the Public Assistance Law, Act No. 399, "The when they need it, a Department of Public Assistance shall have the pow- assist the plaintiff cr, and its duty shall be ........ to keep a reasonable similar circumstance emergency fund in the hands of local boards, which in money, goods or shall be used by the executive director for the fut•n- funds, to enable then fishing of assistance in emergency cases ..... "and their dependents a c that such emergency fund can readily be construed to living. However, it is cover the use of cash for the payment of medicines not going to deterrr and medical care for the plaintiff and others under Public Assistance, by similar circumstances. No. 399, enacted Jun While discussing Acts Nos. 399 and 396, re_ ish such assistance. spectively, in Poor District Case (No. 1), supra, NIr. This brings us t Justice D~•e«~ said, in part, pages 395 and 396: approved June 24, 1i " ........This legislation substitutes a uniform and tution District to per progressive plan ........ It eliminates 400 taxing ish medicine or medi traits of government and reduces the assistance organi- ent adult person hay nations in each county to no more than two, and seper- not an inmate of it ates home assistance (Act No. 399) from institutional in danger of hydropl assistance (Act No. 396) and subjects the former to the plaintiff, a privy supervision by the State Department of Assistance Section 401-Pc and the latter to that of the State Department of Wel- Dependents and fare+." Here the Supreme Court undoubtedly construed authorities shall hav~ the Act 399 to require the Department of Public As- duty with funds of sistance to completely supervise all home assistance. city, according to r Why should it supervise Home assistance if the Leg- established by the St; islature intended that the Institution District, which The Act gave the p the Court found was to be supervised by the State De- stated that it shall 1 partment of Welfare, is liable for the plaintiff's medi- .....Therefore, m tines and medical care? proper remedy. Coac~r Cotulcil for the respective parties are in accord 119; Commonwealth that noither the Commonwealth nor the County are et al., 308 Pa. 35-80; legally liable to the plaintiff, unless by virtue of the ward, 84 Pa. Sct. 124 Acts and/or 399, respectively. The Court is of the o- eri~~a,ry Medical Exa pinion that the Department of Public Assistance may, The test of the in view of the State's obligation to assure to all its is not whether the c 1, 24. public one, but whether he has suffered an wherever they may l injury special and peculiar to himself by the breach equality of opportw of such public duty. If no such special injury or pecu_ The policy of State charitable agencies liar injury is shown, the petition may be dismissed, pay for service is Ste~»aaie7• vs. Jo~aes, 203 Pa. 47, and the alternative , based on the belief writ quashed. See Com~~aont-health ex rel. Atto7~ne~ State are affected b Ge~rieral rs. State Treasz.~rer, 210 Prc. 372. However, as in any local commu~ we view the situation, under the facts and law involy- A careful Peru ed and the Order we shall be compelled to mare b}' by the State Depar virtue thereof, it will be umiecessary for us to deter- "Poor P~elief Admi mine whether the plaintiff, P~alph D1%On, has suffered the committee apps such injury special and peculiar to himself that will called "Pennsylvania entitle him to enforce aii alleged public duty by man- and P~elief," which danuis proceedings. Governor in Dece~ Counsel having ag: ced that there is no elpress Public Assistance provision in the Cow~ty Institution District Law, No. which is better kno• 35G, June 21, 1537, P. L. 2017, giving the power to and closes that much of making it the duty of the Institution District to ftu•n- hoards for the carp ish medicine or medical care to the plaintiifi we will of aid had gr•aduall; attempt to ascertain what, if anything, will warrant of various groups, us in finding that the Act, by implication, provides more specialized ca~. for him. istuation. It is a matter of common knowledge and we take The first repox judicial notice of the Goodrich P~eport, at pages 20 fisting poor laws anc and 21, where it is set forth, ~•liile discussing public ministration, consis assistance, that a program for necessary medical care unpaid State hoarc should be included among the services provided to poor relief; (2) pa dependent persons. This was a recommendation made (~) abolition of ah to the legislature. See Poor District Cccse (No. 1) . tem of county or rE sztipra. and infirm; (4) S Again, on page 35 of the Goodrich report we find supervisory. the following: "It has long been recognized in Penn- The latter repo Sylvania that the State government has an important 17, recommended : ' role in the administration of public assistance, in view ministration. That of the State's obligation to assure to all its citizens, outdoor relief, uner 26. children in their own homes (mothers' assistance) or sons, without ability in foster homes, old age assistance, and aid to the and that an appropr blind, be under the immediate direction of a County for caring for such 1 hoard of Assistance in each county ..... ...and es on the body profit charged with the responsibility for determining poli- sustained on the the ties of public assistance to be applied in the county, function and, hence, subject to general standards established by the State section 18 of the P Department of Assistance ....... propriations for ch "That the county, district, township, and borough See Co»zmon.zt~ealth Poor hoards be abolished immediately and their pow- Thus, we have ers, duties, rights, and privileges with respect to out- legislation, imposes ; door relief and the care of dependent children be trans- monwealth of Pennti (erred to the County hoard of Assistance, and their ates. The Legislate powers, duties, rights, and privileges with respect to tion which confront almshouse and other institutional care be transferred sons who were unab to the County Commissioners of the County." they were aged, blir The Supreme Court having found that Act 39G erty or physically ~ was the direct result of these recommendations, we its guiding hand a~ will attempt to ascertain whether that Act confers over the CommonwE any power and authority and imposes any duty on tralizing the power i~ the officers of the Institution District to comply with created by virtue of the plaintiff's demand. and thereby complei ple is an adult, indigent person ha~~ing a legal erring the persons d settlement in this County Institution District and re- X96 it formed the quires public care because he is unable to earn a liveli- mediately thereafter hood. It has been said by an eminent authority that partition to comply t one-third of our population is ill-fed, ill-housed and that Act. The Act w ill-clothed. Much has been said and written concern- ed specifically what ing what has been done to alleviate this unfortunate Ii ollowing the r condition. Goodrich Report, un The State's expenditure of money for relief of ties have the power the poor is in performance of a governmental func- fLmds of the Institt tion. In fusser vs. Sjz~de~°, 282 Pa. 440, the Supreme cording to the rules . Court held that there was no direct prohibition against partment of WelfarE the use of state money to pay for the care and mam- (a) To care f tenance of indigent, infirm and mentally defective per- tlement in the coon 28. cared for. Counsel for the The title of the Act refers to "certain indigent age set fox•th in Secti persons and children." This means indigent persons the Institution Distx and indigent children as the Act throughout demon- demands. Section 40i strates. Such "certain" persons are "dependent" deaf, for Medical Care.-'. dumb and blind persons (Section 401 (c)) ; "mental and the city council and other patients confined in institutions, State and classes shall ha~ mental hospitals and other State institutions" (Sec- propriations from tr tion 401 (a)) ; those "referred to them by the De- or of the city for the partment of Public Assistance or by a local board un- operated, or to any r der its supervision, pending the determination of such give medical care tc person's legal settlement" (Section 402) ;persons who the county or of the die suddenly and whose bodies are not claimed by rela_ empowers, but it doc tives, friends, etc. (Section 403) ;•persons in danger make annual approl of hydrophobia (Section 404) ; dependent children Undoubtedly the legi (Section 405), and "Any dependent having asettle- stitution district w~ meat in the county or city, who is not otherwise cared properly equipped fc for" (Section 401 (a) ). Except in the cases of per- it could more advan sons "referred to them by the Department of Pubic eats elsewhere, to x Assistance or by a local board .....pending the de- for the purposes ind termination of such person's legal settlement" (Sec- From "Wox•ds tion 402), and "persons in danger of hydrophobia" the term "indigent" (Section 404), institution districts are not required one's fnlancial abili to render assistance to indigent persons generally, but who is destitute of their obligation is confined to dependent persons, and, so as to be in want. in this connection, reference should be made to the 784, 84 Conn. 544. definition of the word "dependent" appearing in Sec- Section 408. " tion 102, which "means an indigent person requiring Treatment of Disea: public care because of physical or mental infirmity." make a record of a Mr. Justice Drew, while discussing Poor District Particulars relative t Case (No. 1), supra, at page 400, said, "There would as directed by the be no thought of providing for them if not dependents. statistical purposes, There is not the slightest doubt of this when the sec- be by them made fc tion is considered as a whole. The plain language of of their admission. ] the Act is indicative of its general purpose, namely, committed for medic the care of dependents." sician in charge sha 30. the nature of the disease and where, in his opinion, it «-ho is referred to th was contracted ........ " Assistance ....... p It will be thus observed that the language of this person's legal settlen, section is broad enough to permit an indigent adult This shows cone: person having a settlement therein, who is not an in- ish between "depend mate of its home or almshouse and is not in danger of it were not so, why hydrophobia, and who, because of physical or mental words "dependent or infirmity thereby meets the definition of dependent, be observed that Sect as prescribed by Section 401, sub-section (a) of Act cal Care," does not i~ No. 396, to seek admission to a County institution, or section 403 of the Ac be committed, for medical treatment of disease while burial of a "depende confined therein. Therefore, we think that section 401, 399, provides for the sub-division (a) must be read in connection with sec- gain, we find that th tion 408 and that the intended interpretation then to state exactly why shall mean that the institution district is not required treatment of persons to fiirnish medicine or medical care to the plaintiff only authorizes, but unless and until he is eligible as a dependent as defined Lion district to provi~ in section 102, Act 396, and is admitted or committed ante for all indigent to the institution or institutions provided by the Cotrn- who may be in dang~ ty Institution District for medical treatment of dis_ or rabies. Here the , ease. See Poor District Case (No. 1) , pages 39 l-%101, "dependents" and "i mspectively, when they encounter 1Z'e can find nothing• in the Act 396 which author- the prescribed treaty izes the County Institution Districts to employ indi_ they then occupied, vidual physicians to attend to and care for indigents shall be provided w in need of public aid because of physical or mental in- gardless of where th firmities, nor to furnish medicines to any persons out- district. It will be f~ ' side of institutions. Manifestly the legislature intend- ~ directs the payment ~ ed to and did distinguish between the words "depend- be made out of the ~ ; ent" and "indigent." While defining "dependent" in the care of "dependf Section 102 it qualified the meaning of the word so as there is no fund atr not to include all "indigents," but only "indigent per- by the institution dis sons requiring public care because of physical or men- ante for "indigents" tal infirmity," whereas in Section 402 it said, "The The various cot local authorities shall have power to care for any de- that the intent of Ac ~, pendent or other indigent person in the county or city eats, that is, those n J.7.i. sical or mental infirmities, in institutions mentioned sumed by the State in Section 305, in which the county commissioners, as Assistance. However a function of the institution district and with its State of Pennsylvar funds, were charged with the duty and given the to appropriate suffic power to acquire lands and buildings for the care of ed Deputy Attorney dependents and for farms, and by Section 301 to take pease of furnishing over the property, real and personal, of the poor dis- worthy persons, pu trict, for the institution districts, then specially Great- lies in its power, in ed and given specific powers as to such dependents, eat funds may pro and that outside relief, in all of its forms, became the appropriated for st function of the Commonwealth, and the burden of the whole people thereof. -CON( In reaching the conclusion about to be made we 1. That Act . are confronted with the Opinion of the Department of meat of Public Ass: Justice, rendered to the Secretary of Public Assistance lie Assistance and on November 12, 1937, reported in 30 Pa. D. & C. Pep. each. 41(i. ~Ve cannot agree with either the reasons o2• con- 2 That Act 1\ elusions stated therein. of June 24, 1937, ] In conclusion, it would appear, after a careful hoards historic fu review of the voluminous report made by the Cooch•ich persons in their ow Committee, recommendations of which the Court for administering takes judicial notice, the careful and well phrased boards, one in each statements of Mr. Justice Drew, speaking i'or the Su- prerne Court in his discussion of the constitutionality 3. That Act Iy of Acts 396 and >99, (see Poor District Case (No. 1) trict Law, of June and Poor District Case (No. 2) , supra) , the briefs Iil- institutional care i ed and arguments made by all of the learned counsel physical or mental who appeared in this case, that the County Institu_ also for support an tion District does not have the power and authority needing foster care and is not required to furnish medicine or medical 4. That the g care to an indigent adult person having a settlement the care of depend in the County Institution District, who is not an in- ;i. That the si. mate of its home or almshouse and is not in danger of ~-icle a uniform and hydrophobia. Ii ut•thermore, it is not necessary and this tional care of the 1. Court has no power under the pleadings to determine 6. That Act T whether all outdoor relief of whatever character is as- the defendants, the 34. Institution District, and Jefferson County Institution District, a body corporate, to furnish medicines and medical care to the plaintiff. 7. That the aforesaid Act does not authorize the defendants, the o11"icers of the Jefferson County Insti- tution District and Jefferson County Institution Dis- trict, abody corporate, in their discretion, to furnish medicines and medical care to the plaintiff. Assuming, but not deciding, because the matter is not before the Court and we have no authority to decide the same, that Act No. 399 is broad enough to warrant the Department of Public Assistance of the Commonwealth of Pennsylvania, in the performance of governmental duty and function, to furnish to the plaintiff medicines or medical care which he alleges he is entitled to have we must make the following ORDER AND NOW, June 6, 1938, after due and careful consideration, we are compelled tinder the facts and law t~ refuse the prayer of the petitioner and dismiss hls Stilt. BY THE COUP~T J. C. LonTr. President Judge. Eo die, exceptions noted to the plaintiff and de- fendants and bill sealed. );Y THE COURT J. C. LONG (SEAL) President Judge. The