The Delta independent., 1896-07-08
May b Cured st Psblie Expense.

The Jag cure" suit, as it is best known
in legal circles, won out in the
state Sup,ere court. 1t originated in
tion by John ID. Williamson. asking that
William T. House, an habitual drunkard,
be sent to the Keeley institute for treat
ment at the expense Of Arapahoe county.
Judge Steele denied the petition hcldin.
that it was unconstitutional Justice
Goddard, in his opinion recently. which
had the concurrence Of the other justices
OF the Supreme bench, held that it was
constitutional and that INDECENT drunk
ards may be cured at public expense.
The application to the Arapshoe county
court asking for an order to send Viii
liam House to the Kelley institute for
treatment as drunkard at the expense
OF the county was made last year.
County Attorney Goudy decided against
i; and later Judge Steele of the county
court denied the order upon the ground
that the statute was unconstitutional.
When the case was brought before the
Supreme court the only question involv-
ed was the construction Of tho Law. and
in this the higher court held that it was
legal to convert county or municipal
funds for that purpose.
The decision OF Justice Goddard says
that the law states that a petition asking
for the treatment OF INDECENT drunkarts
must be presented to the county commis-
sioners with signatures OF 10 persons who
are taxpayers. attached TO it. The tinan-
cial condition Of the drunkard to receive
the treatment must be mentioned. and
il it Is shown that be is too poor to pay
for hi. own treatment the commissioners
may, il they elect, send the man to the
institute.
In the conclusion Of his remarks upon
the case Justice Goddard says: I'VE
think il would be doing violence to the
express letter and manifest intendment
OF section 81 q the constitution TO hold
that il inhibits the legislature from con-
ferring upon the counties and other
public corporations the power to uee
county and municipal funds in SUPPORT
Of their INDECENT poor in the manner
provided in the act in question. And
more clearly untenable is the claim that
the act eontrovenes the provisions OF sec-
tion IS. The design and purpose OF this
section is TO prohibit the delegation to
private corporations Of the exercise Of
powers strictly governmental; and we
are unable to perceive wherein the act
delegates any such power TO the institute.
The service it renders in the treatment
and cure Of inebria;es is in no sense the
performance Of any Of the inhibited
municipal functions. While the act may
in some respects be defective and subject
to some OF the criticisms urged against
it. it 10 not, in our opinion, obnoxious 20
any OF the constitutional objections urg-
ed. and must be upheld, as a legitimate
exercise Of Legislative power. We have
carefully considered all Of the constitu-
tionsl objections so ably and exhausting
ly urged by counsel. but deem it un-
necessary 10 specifically comment upon
them. since our conclusion is that they in
no way affect the validity OF the statute.
This decision will prove a bonanza for
the Denver keeley institute, rs it is the
only institution OF its kind in Colorado,
and all inebriatos in the state who may
be given the gold cure at public expense
will be sent 10 the local institution. The
case was fought in the courts by attor-
neys representing the petitioner, John
ID. Williamson. and the Kelley institute.