The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1903-04-25
FROM THE NATIONAL CAPITAL
The Supreme Court and Congress
at Variance.

The fiimsy pretense of fear, on the
part Of congress, Of violating the first
amendment of the constitution which
says that congress shall make no law
respecting an establishment of relig-
ion," is exposed by a decision of the
court Of appeals Of the District Of
Columbia and of the supreme court of
the United States. These decisions
sustained an act Of congress appro-
priating sum of money "for two
isolating buildings to be constructed,
in the discretion of the commissioners
of the District of Columbia, on the
grounds of two hospitals and to be
operated as a part of such hospitals"
The commissioners made contract
with Providence hospital, which is
owned and controlled by the Sisters of
Charity, for the erection of one of
these buildings. a citizen of Wash
ington applied for an injunction pro-
hibiting the treasurer of the United
States from paying out any money for
that purpose, OH the ground that it
was contrary to the first amendment
of the constitution, and a violation of
the statute which declared it the set
tied policy Of congress not to make
any appropriation for any church or
religious institution under sectarian
control. The supreme court of the
District granted the injunction, but
the court Of appeals, on an appeal, re-
versed the decision and was later sus-
tanned by the supreme court of the
United States.
The court of appeals, in giving it's
opinion of the case, uses some very
plain and pointed language. 1t said:
"If such an association be lawfully
incorporated, why may not Providence
hospital, though, as alleged, owned
and conducted by Monastic order or
sisterhood of the Roman Catholic
Church, contract with duly author
lied agents of the government, to re-
ceive, not a subsidy or gift of money,
but compensation for actual services
to be rendered."
The supreme court closed its opinion
as follows:
"HELD,-that the agreement was
one which it was within the power of
the commissioners to make; and that
it did not conflict with the provision
in article 1 Of the amendments to the
constitution"
According to this decision congress
or state legislature could make an
appropriation for any lawfully incor-
porated religious institution for serv-
ices rendered to the state. These in
situations may he schools, asylums or
hospitals, and such an appropriation
would not have the slightest reference
to the first amendment to the con-
stitution.
The Hon. Edward Morrell, Of Phila-
delphia, Celebrates this question with
reference to the rations for the Indian
children in a pamphlet, which goes
into the whole subject, and presents
unquestionably the ablest argument
yet advanced in behalf of justice for
the Catholic Indians.
The animus of the department of
the interior, from the secretary down
to the meanest Indian agent-and the
latter take their cue from headquar-
ters-is as hostile as can be imagined.
The Indians, and especially the Cath.
olic Indians, are treated with cruel in
justice and the impression can hard
" be avoided, Judging at least by
some recent events Of an especially
irritating character, that everything is