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where medical advice is given and medicines are furnished free, or sometimes for a small charge to those who can afford it."

These definitions indicate a clear distinction between a hospital and a dispensary, and the former opinion may be misleading because of not making this distinction. Further discussion is unwarranted in arriving at the conclusion that the building of a hospital under the guise of a dispensary is contrary to law and in violation thereof.

Going now directly to the operation asked, it is necessary to construe the following statutes:

"Sec. 3141-1. In any county which has joined in the erection of a district tuberculosis hospital and in which such hospital has not capacity to afford suitable accommodation for all cases of tuberculosis that should be admitted to such institution, and where the trustees of such district tuberculosis hospital or the joint board of county commissioners fail or refuse to provide additional accommodation in such hospital, the county commissioners may, with the consent of the state department of health, erect and maintain a county tuberculosis hospital. For the purpose of constructing and maintaining such county hospital the county commissioners may issue bonds and shall annually levy a tax and set aside the funds necessary for such maintenance. Such funds shall not be used for any other purpose. When it shall become necessary to enlarge, repair, or improve such county hospital for tuberculosis, the county commissioners shall proceed in the same manner as provided for other county buildings. Plans and estimates of cost for all additions to hospitals for tuberculosis shall be submitted to and approved by the state department of health and the board of state charities."

"Sec. 2567. Except moneys collected on the tax duplicate, the auditor shall certify all moneys into the county treasury, specifying by whom to be paid and what fund to be credited, charge the treasurer therewith and preserve a duplicate of the certificate in his office. Costs collected in penitentiary cases which have been paid by the state or to be so paid, shall be certified into the treasury as belonging to the state."

For the purpose of this opinion, it is taken as granted that the balance of the money referred to in your inquiry has been referred to the proper fund.

Sec. 5 of Article XII of the Constitution of Ohio says:

"No tax shall be levied, except in pursuance of law; and every law imposing a tax, shall state, distinctly, the object of the same, to which only, it shall be applied."

It is noted that in the instant case the object for which the money was raised is the purpose of caring for the indigent tuberculars in supplying hospitals therefor, and that object still exists. Therefore, the expenditure of the balance referred to would not be prevented by the constitutional provision above referred to.

When the county, being a part of a district tuberculosis hospital, sells its interest therein, it is charged with the knowledge of the law that it must provide means of caring for its indigent sick. Sec. 3141-1, G. C., starts by saying as follows:

"In any county which has joined in the erection of a district hospital."

Section 3148, G. C., provides that a county may withdraw and dispose of its interest in a district hospital. In your set of facts the county "has joined" a district and has withdrawn and disposed of its interest therein and has the money or a portion thereof on hand, which for the purpose of this opinion has been placed in the proper fund by the county auditor.

It may be stated from a reading of the law relating to tuberculosis hospitals that a fair inference is that where a joint district arrangement proves inadequate for the needs of a county, the commissioners are to be empowered and authorized to treat and care for tubercular persons in their own county.

It is noted that no specific provision is made for the disposi tion of the proceeds of sale of an interest in a district hospital, and in consideration of the last above observation and in the light of Section 2567, G. C., which secures the money realized to the proper fund, such specific action by the general assembly does not seem necessary. The holding of the former opinion is concurred in, although the conclusion herein reached is based to some extent on different reasons. A distinction has been made herein between a hospital and a dispensary, which the former opinion did not make, and to the extent the former opinion is modified.

You are therefore advised that where a county has joined in the erection of a district tuberculosis hosiptal, in which hospital there is not a suitable accommodations afforded and where the trustees have failed and refused to provide additional accommodations and because of such conditions such county has withdrawn from such district tuberculosis hospital and has sold its interest therein, such county with the consent of the State Board of Health may use the proceeds of such sale to erect and maintain a county tuberculosis hospital.

The County Commissioners May Contract with the Managing Officers of a Municipal Workhouse Wherein They Agree to Provide the Burial Expense of an Inmate Who Dies Therein Whose Body Has Not Been Claimed by Relatives or Delivered for Dissecting Purposes Under the Provisions of Section 9984, G. C.-In the Event an Inmate Dies in a Municipal Workhouse Who Has Been Sentenced Thereto From a County and Whose Body is Not Claimed by Friends or Delivered for Dissecting Purposes, in the Absence of an Agreement Between the Commissioners of the County From Which Said Convict Has Been Committed and the Management of Such Workhouse to the Effect that the County is to Bear Such Burial Expense, Such Burial Should Be Made at the Expense of the Workhouse.

No. 2834-(Opinion Dated January 28, 1922.)

Bureau of Inspection and Supervision of Public Offices, Columbus, Ohio:

Gentlemen-Acknowledgment is made of the receipt of your recent communication, which reads as follows:

"We respectfully request your written opinion upon the following matters:

A certain city of this state owns and operates a workhouse. Contracts are made with the various counties to take care of their workhouse prisoners.

Question 1. If a prisoner sent up from a foreign county is a resident of that county, and said prisoner dies while in the workhouse and his body is not claimed for burial who should pay the burial expenses?

Question 2. If the prisoner is not a resident of the county from which he is sentenced but a resident of the state in another county, who should pay the burial expenses.

Question 3. If a prisoner sent from a foreign county is not a resident of the state and said prisoner dies while in the workhouse, who pays burial expenses?"

Section 3495, G. C., which is a part of the poor laws, provides for the burial of the dead body of a person found in a township or municipal corporation when it is not claimed by any person for private interment or delivered for the purpose of dissection under the provisions of Section 9984, G. C. However, said Section 3495 expressly excepts from the operation thereof persons who were inmates of "a penal, reformatory, benevolent or charitable institution in this state."

The following section provides for the expense

of the burial of paupers who die in "benevolent" institutions. These sections do not provide, and no other section has been found which does expressly provide for the burial of a person who dies in a penal or reformatory institution when the body of such person is not claimed by friends or for the purpose of dissection. However, it cannot be claimed that the legislature has failed to make a provision for the burial of a person who dies in such an institution because such authority is not expressly provided.

The workhouse authorities have certain powers relative to the management and maintenance of the workhouse and methods are provided for its upkeep. Section 4141, which relates to a city or district workhouse, authorizes the authorities to receive as inmates thereof persons sentenced thereto, as provided by law, from counties other than the one in which such workhouse is situated, "upon such terms and during such length of time as is agreed upon by the commissioners of such counties, or by the council of such municipality, and the council of the city, or the board of the district workhouse, or other authority having the management and control of such workhouse." Therefore, the workhouse authorities have power to enter into a contract defining the terms upon which they shall receive such inmates. If in the management of the workhouse the services of the inmates produce revenue for the workhouse, it will be seen that it is possible for a profit to be made by such institution.

Therefore it is believed that in view of said section 4141, the management of such workhouse may take into consideration in its contract with the commissioners of the county the expenses of the burial of an inmate sentenced thereto from such county. In other words, it is believed that it is within the power of said commissioners to agree with the workhouse authorities that in event an inmate dies and his body is not claimed by friends or by those authorized to receive it for dissecting purposes, the county will bear the expense of such burial. However, in those cases in which such a contract is not entered into it would seem that it would become the duty of the management of the workhouse to bear the expense of such a burial. The workhouse authorities are charged with the maintenance of the workhouse and are required to provide food and clothing, etc., for the inmates. In the case of the death of an inmate whose body is not claimed it would seem clear that the burial of such body is necessarily an incidental expense of said institution.

If the view herein taken is not correct, then the conclusion must be that there is no authority to bury such a body unless it be under the provisions of the health law. Such a view is clearly untenable.

Therefore, in specific answer to your inquiry you are advised: (1) That the county commissioners may contract with the managing officers of a municipal workhouse wherein they agree to provide the burial expense of an inmate who dies therein whose body has not been claimed by relatives or delivered for dissecting purposes under the provisions of Section 9984, G. C.

(2) That in the event an inmate dies in a municipal workhouse who has been sentenced thereto from a county and whose body is not claimed by friends or delivered for dissecting purposes, in the absence of an agreement between the commissioners of the county from which said convict has been committed and the management of such workhouse to the effect that the county is to bear such burial expense, such burial should be made at the expense of the workhouse.

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