Evening star., 1898-02-03
The Isolating Hospital.

1HS AbOAut1hB HOspItaAs
The agreement in question was that the
Commissioners should erect on the grounds
of Providence Hospital an isolating build
ing or ward for the treatment of minor
contagious diseases; that the building or
ward should be erected without expense
to the hospital. except such as it might
elect, but should be paid out of an appro-
priation for that purpose contained In the
District appropriation bill, approved March
8, 1897, and upon plans to be furnished by
the Commissioners and approved by the
health office; that when the building or
ward should be completed 1t should be
turned over to the officers of Providence
Hospital, subject to the following pro-
Visions:
"1t That two-thirds of the entire capac-
ity of said isolating building or ward shall
be reserved for the use OF such poor pa
tierts as shall be sent there by the Commits
sioners of the District from time to time
through the proper officers. For each such
patient said Commissioners and their sue
cessors in Office are to pay at the rate OF
tients may be in the hospital subject to
annual appropriations by Congress.
'2d. That persons able to pay for treat
ment may make such arrangement for en-
tering the building or ward as shall be de-
termined by those In charge thereof, ana
such persons shall pay to Providence Hos
pital reasonable compensation for such
treatment, to be fixed by the hospital au-
thorities; but such persons shall have the
privilege of selecting their own physicians
and nurses. and In case physicians and
nurses are selected other than those as
signed by the hospital, it shall be at the
expense Of the patient making the request.
And said Providence Hospital agrees to
always maintain a neutral zone of forty
feet around said isolating building or ward
and ground connected Herewith, to which
patients of said ward have access"
The act Of Congress referred to in the
agreement is contained in the paragraph as
| follows: For two isolating buildings. to be
constructed in the discretion of the Com
missioners Of the District of Columbia, on
the grounds Of two hospitals and to be op-
| Grated as a part of such hospitals $50, 600. :"
Provision of the Constitution.
The provision in the Constitution Of the
| United States referred to in the bill filed by
Mr.. Bradf1ed is contained in the first
amendment to the Constitution, introduced
| by Mr.. Madison at the first session of Con-
gress after the adoption of the Constitu-
1 ton, and reads: Congress shall make no
| law respecting an establishment of religion
or prohibiting the free exercise thereof" j
| The question for decision. said Judge Hag-
| ner in delivering his opinion, is whether
either the provision of the act of Congress
| or the agreement made by the Commission
i ers under the authority conferred by 1t in
words or in effect Is in contravention Of the
inhibitions of the first amendment.
1t is scarcely supposable. Judge Hagner
went on to say, that Congress would ever
pass law in direct and palpable opposi-
ton to the prohibitions of the amendment
Probably the only instances where such vio-
| lation would ever occur will be where some
| provision has been passed into the form of
| law without sufficient consideration and in
| the haste Of legislation, which, though un-
| Objectionable on its face, would yet in eff
| feet tend on the one hand to foster or to en-
courage religious societies in general or
any one in particular, or, on the other to
prohibit the free exercise of religion on
the part OF any one or Of all such societies
and churches.
After stating that no man more fully un-
derstood the importance of maintaining
the principle referred to than Mr. Madison
or more thoroughly comprehended it's Just
scope and the danger in which 1t stood
from careless legislation, Judge Hagner re.
ferred to the langl age used by Mr.. Madison
in vetoing certain acts providing for the
incorporation of churches and the like.
The Judges Comment.
! mo one reading the two paragraphs of
the act providing for the appropriation In
question as though they were Incorporated
into one." continued Judge Hasner, could
possibly conclude that Congress had di-
Irected CT expecten the $4,000 appropriated
should be expended within the grounds OF
any hospital under such sectarian control
Il r