New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-22
Charity Hospital Permits.


CHARITY HOSPITAL,
New Orleans. January II, 1876.
EDITOR REPUBLICAN,:
In your issue of the twentieth instant,
you state, relative to the Charity Hospital
license and the Arlington Glee Club"
that IAN unsigned receipt was sent from
the hospital and the managers properly
refused to pay" By way of correction and
for the benefit of all concerned, will state
that the receipt mentioned was a. usual in
cases Of delinquency, sent by the hospital
inspector with the instructions to collect
and to receipt for the money when received,
and for the purpose of indentify he carries
with him the necessary documents from the
hospital and the chief of police. By read
ing the following extract from the law, and
q further extract from the published
opinion Of the hospital's attorney, it can be
better judged whether or not "the manager
properly refused to pay:"
Revised Statutes 1870, section 397: For
every public ball or concert, the sum OF $lO
shall be paid the treasurer of the hospital"
Charity Hospital annual report, 1874, page
twenty-tw0:
"The license tax in favor of the Charity
Hospital is for every public ball or concert,
$40. 1t can not be difficult to distinguish
public ball or concert. II is eimply not
private one. An entertainment Of eithec
kind. given by one or more individuals or
families at dwelling or otherwise, gener-
ally has certain elements that distinguish 1t
easily as q private affair, and there is an
absence of public features about it. The
givers regulate the attendance by personal
Invitations; and, though the number may be
large, it is more restricted than public en-
| tertainment is intended to be.
But when ball or concert is given for
| gain or to collect fund even for chari-
| table purpose, or when it is given by club
or by several persons not united by family
or intimate personal association, although
| the purpose may be merely pleasure and
| not gain, it is public in the meaning of the
pleasure; it is equally public. 1t makes no
difference whatever whether the expenses
are paid by subscription or by tickets at the
| door, or whether all or few pay. LIS char
acter as O public entertainment invites and
| requires the attention of the authorities.
1t must be protected from disorder. not on y
within but without, in the appro aches and
attention. 1t, therefore, has certain reel:
procal duty to the State, and this is REQ uired
in the form of license tax.
"The Charity Hospital is such neces
sity to the State and all the people, in pre-
venting the spread of pestilence, and re
moving the horrors of disease and distress
from the public eye, and fulfilling the duty
of charity to proper objects at home OF OK
coming from abroad, that the statutes VIII
not permit the institution to be forgotten
They say, il you give ball for d charity . yos yo,
must give $40 of that charity to this hos
pital, which represents the duty Of all l
you give a concert for pleasure you mus
nav q license of $40 to relieve the destitute
These are appropriate occasions to remem
Der the poor and destitute, and there is nj
doubt Of the validity of such laws"
The hospital receipt in the case referred
to should have been taken out in time Il
place it in the hands OF the Mayor, VIII
alone is authorized to issue licenses to ball
Revised Statutes, 1870, section 1917. Thi
not having been done, the claim Of the hos
pi.al should have been honored on demand
Refusing payment and retaining the receip
is not the correct way of dealing. The IN
spector should either be paid the money o
be permitted to return his numbered
voucher to the treasurer, indOrsed as NO
paid. Very respectfully, o..
j. D. LICH HrENBERGER,
Secretary and Treasurer Charity Hospital