Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-04-04
DECREE REV Frs ED
Court Of Appeals Decides Against Brad
field.
Contracts With sectarian Societies
Injunction Set Aside and
Bill Dismissed.

The Court of Appeals late this afternoon
handed down an opinion in the case of
Ellis H. Roberts. treasurer of the United
States, appellant. against Joseph Bradfield.
The case was an appeal by the treasurer
of the United States from a decree of
Judge Hagner Of the District Supreme
Court, enjoining the treasurer from paying
any money of the United States or the Dis
trict of Columbia to the Providence Hospi-
tai under a contract made Herewith by
the Commissioners of the District Of Co
lumbia. The decree Of Judge Hagner is
reversed and the cause is remanded to dis
miss the bill. The opinion was written by
Mr.. Justice Shepard.
The case has attracted widespread atten-
ton 1t was instituted by Joseph Bradfield,
citizen of the United States and a resi-
dent of the District of Columbia, lin the
interest of himself and all other citizens of
the United States similarly situated In
his original bill Mr.. Bradfield set forth
that, in view of the sectarian character OF
Providence Hospital and the specific and
limited object of its creation, contract be-
tween the same and the Commissioners of
the District of Columbia Is unauthorized by
law, and, moreover, involves principle and
precedent for the appropriation Of the
funds of the United States for the use and
support of religious societies. This, 1t was
Constitution which declares that Congress
shall make no law respecting a religious
establishment and also a precedent for
giving tc religious societies a legal agency
in carrying into effect a public and civil
duty which would, If once established.
speedily obliterate the essential distinction
between civil and religious functions AZ
ter a hearing, Judge Hagner en5oined the
treasurer from paying over the money.
Power of Congress.
The opinion of the Court of Appeals is
somewhat voluminous, occupying twenty
eight typewriter pages. Admitting that
Congress has the power to incorporate.
within the District, religious establish
ment, or an association or society, under
the express control of church or sect, the
cot TT of Appeals asks.
IF, then, such a corporation may be
lawfully created, why may not Providence
Hospital. though as alleged. owned and
conducted by 'monastic order or sister,
hood of the Roman Catholic Church. con-
tract with the duly authorized agents of
the government to receive, not subsidy
or gift of money, but compensation for
actual services to be rendered?
eff the United States were engaged in
war, would they be denied the power,
no matter how advantageous or necessary
it might be, in some instances, to contract
with religious societies or associations for
hospital supplies. or for nursing their sick
private hospitals?'
Law Authorizing Contracts.
The opinion goes on to state that a law
authorizing contract to be made without
discrimination or preference, or a contract
made under general discretion, reposed in
authorized agents, for the rendition OF
actual services, in nursing the sick or pre-
venting contagion, with corpora ton thai
may be under the control Of a church, can
not be declared void as "a law" or an act
authorized by law. respecting an estab-
lishment Of religion.
The sole question for 1t to determine, the
Court of Appeals held, is the power of Con-
gress and the District Commissioners in
the matter of the appropriation and con-
tract involved in the case. Finding nc
valid objection to that power, as exercised
the Court of Appeals reversed the decres
of Judge Hagner.