Evening star., 1898-02-03

ing the appropriation had plainly declared
It ito. to be the policy of the government to
erty for the purpose Of founding. maintain
ing or aiding by payment for services. ex-
penses or otherwise any church or re-
lgious denomination or an institution or
society which is under sectarfan or ecclesi-
| asucai control, IL; would seem to have clos
| ed the discussion OF the question.
| Whatever autihortty the Commission
ers of the District Of Columbia possess in
reference to the subject" Judge Hagner
said. further, 'theyi could have only ac-
qtired from Congress, which, of course.
Gould communicate to them no powers 1t
did not constitutionally possess. Whatever
acts were forbidden by the Constitution to
| Congress with respect to the assistance Of
religious establishments were. Of course,
| forbidden to its agents, the Commissioners.
The statute undonbtedly authorized the
isolating buildings to be constructed In the
| discretion Of the Commissioners, either on
| the grounds of two hospitals or on other
lands not belonging to any hospital.
| TT is conceded by the demurrer that
| Providence Hospital is a corporation COM
| posed OF members of a monast1c order or
s,sterhood Of the Roman Catholic Church,
and that the title to its property Is In
| vested in the Sisters Of Charity OF En-
| mlttsburg, a nonresident corporation. One
who erects buildings on the land OF another
fas & no right to remove them against the the
| will of the land owner. Whatever title the
| United States might claim in building
constructed by 1t upon the grounds OF
! Providence Hospital would be species Oh
| continuing joint ownership or copartner-
| ship between the government on the one
part and a sectarian corporation having Its
| habitat in the state of Maryland on the
| other"
The Agreement in Question.
Continuing, Judge Hagner remarked that
he conceives the agreement in question
! undertakes in behalf Of the public authori-
| ties to give legal force and sanction" to
articles in the administration OF the hos
pital which so far. would be religious
establishment by law" and for that reason
! illegal. "It is also worthy of remark,
added Judge Hagner, that the Commits
sioners agree to pay at designated rate
for the patients they may send to the hos
pital, subject to annual appropriations by
Congress- while section 81 of the Revised
Statutes of the District declares the Com
missioners shall have no power to make
contracts to bind the District except IN
pursuance of appropriations made by law
and not until such appropriations shall
have been made.
Besides, in the words of the provision,
1T is hereby enacted, that from and after
the Goth day of June, 1898, no money ap-
propriated for charitable purposes in the
District of Columbia shall be paid to any
church religious denomination or to
any institution or society which Is under
sectarian or ecclesiastical control, which
would render this obligation assumed by
the Commissioners in the agreement in
capable of performance after the date
named.
Incongruous and Unlawful.
However incongruous such an ownership
may be where the other party Is non-sec-
tartan in character. 1 can see it would also
be an unlawful one. is against the spirit
and purpose Of the first amendment, when
such contracting party is a sectarian sis
terhood or order under the auspices Of
church or religious society.
I'm the argument for the defendant ref
erence was made to the great difficulty ex-
perienced by the Commissioners in obtain
ing suitable places for hospitals for con-
tagious and infectious diseases. under
stood this to be urged rather as an ex-
planation than as justification Of the
agreement, since the difficulty of properly
| performing an assigned duty can furnish
no defense for ftS Unlawful execution.
But that difficulty as understood, ex-
listed only with respect to a hospital for
contagious and infectious diseases of the
grayest character, such smallpox and
yellow fever; whereas the iSolating build
ing authorized by the agreement is to be
used for the treatment of minor contagious
diseases. AS dipthegia and scarlet fever
are named IN the previous paragraph Of the
law, the Commissioners were doubtless
right In supposing those diseases were in
tended to be provided for in the appropria-
tlon; which makes no mention of any dis
ease, whether contagious or infectious, or
1 1.s ~
S1ft 'Fs-2i. so r t.t,F,s ssr. ~, r,,.-. 80
! What the Commits siOners Believed.
THE Commissioners were doubtless 4of
the opinion that the, reduirements as to
space and air could bs best fulfilled by
placing the new building within the grounds
OF Providence Hospital. and were justified
| IN assuming that the competent and care
ful' nursing needed for the patients would
be secured there. at the skilful, hands If
the humane attendants. for it is believed
that this hospital, like the others in tt.
city, Is managed by kind people, who find
their chief reward in the consciousness of
relieving the poor and suffering.
But this consideration cannot prevail
against the grave objection to the location
OF the proposed building on the grounds of
hospital under sectarian management, !"
concluded Judge Hagner. For the reasons
given shall pass an order for an in1unc-
tion against The treasurer as prayed for in
the bill, with reference to the argument"
To a Star reporter, District ATTORNEY
Davis stated this afternoon that 1t is his
intention to appeal to the Court of Appeals
from the ruling Of Judge Hagner in the
Providence Hospital case.