Evening star., 1898-02-03
Injunction Issued Against the United
States Treasurer.
FUNDS FOR SECfARIAN PURPOSES
Agreement With Providence Hospi-
tai Declared Unconstitutional.
APPE AL TO BE KEN

| Judge Hagner. presiding In Equity Court
| No. 2. today made ruling of far-reaching
| Importance, holding that it is unconstitu-
tional for Congress to appropriate money
| for sectarian institutions The court sign
| ed an order, for reasons set forth in his
opinion, enjoining the treasurer OF the
United States from paying or delivering to
any officer or agent, or to the directors of
Provide nee Hospital, in this city, any
| moneys belonging to the United States or
to the District of Columbia, under or in
virtue of an agreement entered into be-
tween the Commissioners Of the District
and the directors of the hospital.
The opinion was rendered in the case of
Joseph Bradfield, filed November q last,
praying for an injunction against Ellis H.
Roberts, treasurer of the United States
The object of the suit, so Mr.. Bradheld
explained, was to procure an order Of the
court entoining and restraining Treasurer
ROBERTS from paying delivering to any
officer or agent of Providence Hospital, or
to the directors of Providence Hospital, or
10 any person whatsoever for the use and
peLeht OF the same. any money belonging
10 the United States or the District Of CO.
lumbia, upon an agreement between the
surgeon general of the army and the di-
rectors Of the hospital, under color of an
authority to provide "for the support and
AASAASoi eASdtAuCAt VI HluSly-uVc meOlcdl
and surgical patients who are destitute"
contained IN the sundry civil act of June
last; or by virtue OF an agreement between
the District Commissioners and the direc-
wherein it Is provided that the Commits
sioners will erect on the ground of the
hospital an isolating building, or ward, for
the treatment of minor contagious dis
eases. Mr.. Bradfeld appeared as attorney
In his own behalf, while District Attorney
Davis and Assistant District Attorney
Baker looked after the interests of Treas
urer Roberts.
The Points Presented.
The case was argued during several days
about the middle Of December, and Judge
Hagner has had the matter under consid-
GRAFTON since. Mr.. Bradfield contended that
Providence Hospital is a private, eleemo-
synary corporation, composed, to the best
of his belief, of a monastic order or sister
hood of the Roman Catholic Church, and
Is conducted under the auspices of the
church, invested specially with full power
and all the rights of opening and keeping
a hospital In the city of Washington for
the care of such sick and invalid patients
as may place themselves under the care
and treatment of said corporation"
Mr.. Bradfield further maintained that in
view of the sectarian character Of the hos
pltal and the specific and limited object of
its erection. the contract with the surgeon
general and the agreement with tine Com
mSsfonerS were unauthorized by law, and,
moreover. involved principle and a pre-
cedent for the appropriation of the funds
of the United States for the use and sup
port of the religious societies contrary to
the article of the Constitution which de-
clares that Congress shall make no law re-
81; citing religious establishment, and
also precedent for giving to religious So
cieties legal agency in carrying into eff
feet public and civil duty, which would,
if once established Mr.. BradfieId held,
speedily obliterats the essential difference
between civil ind religious functions.
Continuing, Mr.. Bradfield declared that
he and all other citizens and taxpayers OF
the United States are injured by reason
of the contract and agreement whereof the
public funds are being used and pledged
for the advancement of a private and sec
tartan corporation.