The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-28

| WINS SUIT
TheSupremeCourt
| Passes on
Case.
|Queen's Hospital Held
To Be a Public
Institution.
Final Decision in the Case Of
Smith vs.. Eiamakua
Mill Co.

4
that the Queens Hospital is entitled t,
it's subsidy as a public institution up
holding the right of the Legislature t.
appropriate such. The appropriation
was cut down by the Legislature il
special session, but the hospital is en-
titled to the old subsidy up to July 1
Other hospitals are also affected by the
decision.
In it's decision. which is unanimous
| written by Judge Perry, the court says
1.-The money appropriated, payment
of which is sought by this appeal to be
| enforced, was collected by taxation and
can be expended for public purposes
| only-it may not lawfully be used for
purposes of private interest. What is
/ a public purpose within the meaning
| of this rule, it is not always easy to
| determine. No general definition, to
/ apply in all cases, need be laid down.
1t is sufficient to determine in each
particular case whether, upon all the
| facts and circumstances, the purpose
| is a public one.
I'm this jurisdiction and elsewhere,
| to provide and care for the INDECENT
SYN Atsss7 AoAAS DSS'A ASSoeoiAi1cA sNo q
proper and, perhaps, necessary function
OF government This provision and
care is sometimes furnished in hospi-
tails owned and conducted by the gov
eminent itself but If the government
does not own or maintain such an i'm
stieGtion, the relief rpay with equal
proprfety be furnished Indirectly
through a hospital conducted BY In:
dividuals for public purposes and not
for private gain, By assisting, to a
reasonable degree, in the maintenance
of SUCH institution.
If the purposes OF the Hospital are
to be ascertained from the charter
alone. there can be no doubt that it is
q public charity and, consequently. the
public aid may be extended 10 it. 1t Isl
commended. however, that the charter
IS 10 eonfIdct with the provisions Of the
statute under which 1t is said to have
been granted. the act Of April 20, 1859
Section Of that act provides that 1t
shall be competent for Che Minister Of
the Interior, under the segulations pres
scr1bed BY she general law in regard ID
corporations, to grant perpetual char
ter TO any Of the inhabitants OF the
city Of Honolulu applying tor the same.
being subjects or denIzens Of the king
dom. and to their successors for the /
lesta bli shnaent OF a hospital III said city.
Tor the vicinity thereof, Tor the relief
;pf sick. and destitute HawaIians. and
Sec. that Such Corporation may, as
soon as the same may be done, without
interfering with the primary object or
said Institution as hereinbefore ex-
pressed. contract to receive and pro-
vide for sick and disabled searnen of
other countries, or patients of any de-
scriptiDn who are fit subjects for hos
pital treatment. Whether the word |
eE1a Waiians In Sec. I was intended to /
mean aborigines or citizens of Hawaii, /
need not be considered. It may be as
sumed that the former was intended |
Still, we think that there is nothing
in the act to prohibit the hospital es-
tablished Hereunder from giving relief
to the sick and destitute of other ma
tionalities, provided, at least, it can
do SO without interfering with its So
called primary object and under the !
general law of April IL, 1856, relating
to corporations the Minister of the In
terror had authority to grant charter
of incorporation to an institution Great
ed for the purpose of giving such relief
without discrimination. AS the plead
ings and evidence show, the Queens
has, ever since its establish
ment, extended its aid to all INDECENT
sick alike and that, SO far as appears, !
without interfering with its primary
object. It is still treating all alike.
AS long at least, as the principle of
equality is thus observed, public
may rigntfuiiy be appropriated
f. tha h., Hosn,taI - 49, rac.' ua.on ene rins
appropriated of tba axarcisa ~ +l,e
mower. If If .exists 10 Genuine its ,,a,,af