, 1881-05-23
TILE COURTS.

Tho motion for injunction fl tho case ot
the Cotinty of Cook agaInst tic City Of Chi
cago camo tip bctore JudRs Jameson Sat0r-
day morning. This waa IL bill filed the 18th
lust tn restraln tho collection Of water taxes
or rates against the County Of Cook for
watur used III tho County Hospital. Tho bill
alleged TINT tllo hospttal WIS erectcd III 1873
by ttla county ut nj exponsa of sl5o,o and
Is public charity in Which tic puor arc re-
cefved for the purpose 0f medical attention
md nursing. Tho average daily attendance
Is 200, nincty-six per cont OF whom aro resi-
dcnts Of Chicago. Tho annuat expense Of
maintaining the hospital Is s7e,000, which Is
paid by general tax. Tho medical attpnd-
ants all perform theirs ervices Hratult0usy.
'!!s patients who pny' for the Treatment r,
III lux,!fles for tho patients, and not III rum
mug tho hospital. Thu bill thon Eous on tt,
give an accnunt, nf the other county cinrl-
ties, tho luor-liOusu, md lnsane Asylum.
40 acres, Will. daily average Of III panpsrs.
The Insane Asylum has n tlnilY nvurage OF
4Do Inmates, .Thoso who nre able to pay nro
c!,nrged one dollar \ week, while III others
Mlally In the West Town Vt Cl,eag0 mud $3.50
cac1l fl the Nvrth md Snutll Towns for freu
Ispsnsarlss; tho s' ~ f 81; s' n a.,na'ty for
peryisors 81 thto Sitisfsi,t contry ] Owns. , & on
the ~! OF Septenlbcr, 1871. tho Common
Council pnssod M Gr!linarce authorizing the
Commissioner Of Public Works to remit mid
rebate The water tax Of rates assessed against
table nlid cuNchtiUnnl purposes. SincU TIC
passage Ut this ordinance water rates Anyo
uccruetl up to March !, 1881, To the nmou,t
cnunty, authorItlss hceause they relied OH
The ordinance. Tile COMMISSIONER Of Public
Works, liowevcr. has refused 10 a!loW tho
hosspftal my .rGhatc and tlle county tlles n
bill to prevent tho city authorities from shut
Cunnty-Attorney Wilett read the bill and
exhibits, md statoI that the theory OF tho
complainant was tflat the County Hospital
,yaS public charity. ami as s,icll was BY tho
water Tux. Water taxes had bcen paid b.
fore tho passage Of tile ordinance, and com.
nlainan1 rHlled entirely on tic ordinance for
Corporations Counsel Adams appcarc, for
tho city. 1la sald there were two principal
4uesttons,- ,-hrst, as to tllo construction Ut tho
ordinance and. second. rs to whether tho
C0lMlnun Council lad atiy power to piss tie
ordInaneu. Tile ordinance did not make
uny rebate, hnt empowered tho Commission
er Of Public Works 5f; to make t.. The latter
a @ n9t =, cIc;Gglisd to nuke my renate W. t
privilege. The rule wna we'll settled that
where discretion was lodged IN M officer n
Court could not tlntetfure to contrnl It. Again
lllo luWuElDt LIS O0uy. WHICH NHu
slrucd il, and construed it against tho
County hospital. In September, 1850, All
ordinance was Introduced for tho purpose
xey 1t ey'S S6aeap hS "sps wa ro roeyye% ayF ~ g1s5 I
COMMITTEES OIL Flre and Water. which re.
ported "gninst It, md the Council approved
Of such report.
| no power to rebate wnter rates legally
leyied. When levied they. were debts due
| the city, for tho recovery IT Which MI action
| 0r dobt would lle, To rebate was to pay
| tho city, The Council I,nd no power 10
make donation orto authorize an Ott!cer to do
SO, md II 1t attempted to 10 1t any taxpayer
released. Tho power to rebate was not given
expressly, and 1t could not be implied,
for thero was no statute OIL, whicl, to found
It, md It would nut be put IN ny n defense to
was bad because 1t WIS not uniform iii Its
operation, vhtro WIS no reason why cfnr-
ttits Or educational institutions should bo
allied mnre than theatres.
| Thu Jrtl9e-Ur saloons.
MI. Willett {sottU votco)-Sn1ponB do not
hnve any need Of water.
Mr. Adams further urged that ii the Coun-
Gil Ind power to exenpt the county fron tlle
power Itself, Rnd could not delegate 1t to any
| subordinate officer. Even 1t the ordinance
| Werc valid, tile hospital WIS not Il charity.
Lastly, there was no snch institution known
| to the law rs tho County Hospital. There
WAS u po0r-nuse nild Nil Insane asylum, Mlld
u placu for the treatment OF tho sick; but
u,nt wns MI.
AIr. .Wlllett, in replying, asked leave to
amend hls b3tl by showlnX TINT the city snp-
ported o smallpox hospital! ani city physi-
cian. and lao other charity. The amendment
was allowed to go H., though Mr;: Albums
Thought It was entirely Irrelevant. Mr.. Wtl-
lott said tho cass, In tifs opinion, rested Of,
the grlleral principle that 1t was In the dis
cretlon Of tic Legislature rs 10 where 1t
| should lmpose this duty. Of caring for tho
poor and the why In Which they si,oiid DO
caretl for. When Tint duty hns been Imposed
by, the Legislature 1t must be carried
out In accordance with that power.
At colnmon law the power rested
lnws Of the Stale, the county was doing q
! .luty that WIS Imposed nn the city. a mum
bur of authorities wero rcal to show TINT
| wllurH one town lad paid nut moneys for
/ tho support Ut pnupBrs bnl0nging to nnnttlor
town, IT cnulA recover back s'Icll sums fram
the Town which Ought To hive supported tfie
pntlpers, antl 1t WIS urged that by analogy
thu sa'l.e rulu would apply In the present III
| stance. Tho lrRAlucht was not concluded ut
recess. aud was then adjourned to tits morn
Ing.