Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-04
JUDGE HAGsERs DECISION.
Statement From the Court With Ref.
erence to Its Scope.

Statement From the Court with Ref
erence TO Its Scope.
In reference to the decision Of Judge Hag-
ner. announced yesterday. and his order re-
straining the treasurer of the United
States from paying any moneys to any
agent of Providence Hospital under an
agreement with the District Commissioner,
1t was suggested to the court today that
some anxiety and doubt probably exists as
to the extent of the ruling. Star report
er asked Judge Hagner il he intended to be
understood as holding that all appropria-
tons for sectarian purposes were unwar-
ranted under the Constitution. In order to
remove any doubt that may exist Judge
Hagner was requested to state the facts
as he intended them to be understood In
delivering his opinion.
The judge then Rad from his opinion
the following:
IF the paragraph making the appropria-
t1on had distinctly directed the isolating
building to be constructed within the
grounds of Providence Hospital 1t might
have been considered as q particular Ak
ception to the declaration of the general
and paramount policy of the government
with respect to appropriations to the in
situations under sectarian control But thu
paragraph contains no such direction, and
the principle applies that statutes must be
Interpreted, possible, so as to make them
consistent with the Constitution and the
paramount law"
Judge Hagner said IL he had been re-
Quired to pass upon an appropriation which
was made specifically to Providence Hos
pital under the contract with the surgeon
general of the army, he m. ght not have felt
himself qualified to hear the case, since he
Is one of the trustees of an institution in
this District to which an appropriation was
made by the same bill, OF a designated
sum. in express terms.
The opinion rendered by him, Judge Hag-
ner added, expressly stated that the point
to be decided was as follows:
The questio n for decision is whether the
provision of the act of Congress, Just
quoted. or the agreement made by the
Commissioners under the authority con-
ferred by it, in words or in effect. is in con-
travention of the inhibitions of the first
amendment"
In closing his decision. Judge Hagner
said. he further stated: For the reasons
given / shall pass an order for an injunc-
ton against the treasurer prayed in the
bill in reference to the agreement of the
10th of August, 1897"
The decree signed by Judge Hagner ex-
pressly enjoins the treasurer from paying
the District of Columbia to Providence
Hospital or any agent thereof by virtue Of
or under any claim that may be made for
such payment under the agreement made
by the Commissioners Of the District of
Columbia and the president of the hospital.
as set forth and described in the case at
issue, and dated August 16, 1897.
In delivering his opinion he called atten-
ton to the fact that the bill also referred
to another alleged contract, which, it was
stated, might have been made by the sur
geon general of the army with the hos
pital. But as there was no charge in the
bill that such contract has been actually
entered into, or that the complainant, Mr..
Bradfeld, has reason to fear 1T will be
pressly stated. could not be considered in
the inquiry before the court.