The Washington times., 1901-10-23
TO BNJOIN THE TREASURER
Right TO Use Public Money fer
seetarian Purposes Involved.
Joseph Bradae1d Opposes the Avail
ability of an Appropriation for
the Henefit of Providence Hos
pitRI - Defines His Contentious.

|
ability of an Appropriation for
| the Heneft of Providence Hos
pital - Defines His Contentious.
| Joseph Bradfiold has filed further pro-
ceedinGs in the Supreme Court of the
| District questioning the cOnstitutionality
of the act of Congress appropriating
$50 for the erection of certain buildings
as an annex to Providence Hospital. He
| claims that the act of Congress is uncon-
| stitutional because it appropriatss public
| funds for the benefit and use of sec
| tartan institution. For this reason he has
| filed a petition asking that the court is
| sue an injunction against Ellis Fl. Rob
| erts. IN his official capacity as Treasurer
| Of the United States, to enjoin him from
| paying the fund appropriated for the pur-
| pose to the trustees of Providence Hos
| pital. The District Commissioners and
| the board Of trustees OF Providence Hos
| pital are also named as defendants. The
proceedings are in the nature OF an
amended or supplemental bill to that filed
by Mr.. Bradfeld some time ago.
! On two former occasions, where other
institutions We're the benefciaries. Mr..
Bradfield instituted similar proceedings.
| but was unsuccessful in having the Treas
urer of the United States enjoined from
paying out funds appropriated by Con-
gress for like purposes. In speaking of
the matter last night Mr Bradfield said:
! Il have been compelled by the Govern
ment to make the Sisters of Charity at
Providence Hospital parties to this suit
against my will. The questions involved
might, it seems to me, have been settled
/ without this These questions are for
lawyers. A number of individuals and
| their successors in office are made and
| declared and constituted a corporation
! and body polite, in law and in fact, un-
| der the name and style of the directors
| of the Providence Hospital, and by that
| name made capable in law to sue and be
| sued Can the same corporation make a
| contract or enforce one by the name of
| the Providence Hospital?
The same corpol alton is empowered to
| have, purchase, receive, possess and en-
! JOY any estate in lands tenements, an
nutties, goods. chattels, moneys, or eff
fects; and to grant, devise or dispose of
| the same in such manner as they may
deem most for the interest of the hos
/ pital: provided. that the real estate held
! by the said corporation shall not exceed
in value the sum OF $4,000 The word
| hold is not in the grant. Can it be sup
piled by inference from the other powers
granted, or from the limitation contained
in the proviso?
AN act of Congress passed subsequent
ly authorizes the said corporation the
| directors of Providence Hospital. to hold
real estate in the said square, on which
the hospital building stands. without lin
| itation as to value: provided that all
proceedings under this act shall be ap-
proved by the Attorney General of the
United States Is this license in mort
main? If so. has Congress the power to
grant such a license? Could any act of
the Attorney General avail to make II a
valid act, if it be not valid without his
Intervention? Does this act attempt to
confer a legislative discretion upon the
Attorney General?
Another act OF Congress authorizes
the Surgeon General of the Army to
make a contract with the Providence
Hospital. there being no corporation bJ
that name. Is the Treasurer of the United
States authorized TO pay out money under
such a contract?
Again, an act of Congress authorizes
the District Commissioners to build a
pOwerhouse and nurses home at Provi-
dence Hospital place owned by mon
astic order. and not by any corporation
chartered by the United States, nor by
the United States itself. Is this within
the power Of Congress?
"All these questions I answer in the
negative This is the sum and substance
of my case.
In the amended bill Mr. Bradficld sets
forth that the directors of Providence
Hospital Is a corporatlc" doing business
in the District. in square 16i and is en-
powered to hold real estate without limit
as to duration or value. and that by act /
OF Congress approved March last S50.-
90 was appropriated for the erection and |
equipment Of a powerhouse and nurses
home TO he erected at Providence Hospi- |
tai II the directors OF Providence Hos |
pital' ever had any right to purchase.
receive. or enjoy lands or tenements; II
has forfeited that right because 1t has |
never elected any officers to manage its !
affairs. was contemplated by the act |
of 1864, under which it was incorporated |
Instead. he says. the Super-ors OF the |
institution have been elected and ap- |
pointed by the general chapter Of the re- |
ligiouS order. called the Sisters of Char |
ity of Emmtsburg. Md. and also be- |
cause a certain part of the entire profits |
of the hospital have annually, or occa- !
sionally. been delivered to the Archbishop |
OF the Roman Catholic diocese of Balti- |
more the delegate and ordinary of the |
Pore of Rome. for the support Of theOio- /
gical seminaries for the teaching Of the |
religion of the Church of Rome. 1t is |
further alleged that the defendants con-
spring together with divers other persons
to the plaintiff unknown and contriving |
how 10 injure and oppress the plaintiff
and all other citizens and taxpayers OF |
the United States are preparing and |
intend 10 carry into execution the acts /
Of the last Congress, pretending that they
have some legal right to do So
Mr. Bradfold asks that the defendant
Trea asursr Roberts. be eniOinsd and
strictly forbidden by the court from pay
ing over to any person whatsoever the
moneys appropriated by Congress for the
erection ard equipment of a pOwerhOuse
and a nurses home at Providence Hospi-
tai: and also asks that the Commissioners
he restrained from demanding or reCeiV-
ing she said fund from the Treasurer OF
the United States. lie also asks that
the directors Of Providence Hospital be
enjoined and forbidden by the court from
further exercising any privileges. fran
Chis,S or right of "A body corporate. under
the acts of Congress Of April 8. 1854 Feb
ruary 8, 1871. and March Inst. on ac-
count of the fraudulent procurement. i'm
prOyideut enactment, and disregard of
the provisions of the act of April :. 1861,
and the want of power in Congress to
grant licenses in mortmain. or to enduw |
a religious society, according to the tenor |
of the other acts OF Congress mentioned. |
PROCEEDINGS IN LUNACY.