The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-31
HOSPITAL
WINS SUIT
TheSupremeCo Court
Passes on
Case.
tFrom Saturdays Advertiser)

that the Queens Hospital is entitled to
it's subsidy as a public institution, up
holding the right of the Legislature to
appropriate such. The appropriation
was cut down by the Legislature in
special session, but the hospital is en-
titled to the old subsidy UP to July i.
Other hospitals are also affected by the
decision.
In its 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
n 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.
"In this jurisdiction and elsewhere,
to provide and care for the INDECENT
sick has long been recognized as
anu, hcNtsS'is io''N''''
of government. This provision and
care is sometimes furnished in hospi-
tails owned and conducted by the gov
ernment itself; but If the government
does not own or maintain such an in
stitution, the relief may with equal
propriety be furnished indirectly
through a hospital conducted by In
dividuals for public purposes and not
for private gain, by assisting, to
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 1t is
a public charity and, consequently, the
public aid may be extended to it. 1t Is
contended. however, that the charter
is in conflict with the provisions OF the
statute under which it is said to have
been granted,-the act of April 20, 1859
Section / of that act provides that 1t
shall be competent for the Minister or
the Interior, under the regulations pre-
scribed by the general law in regard to
corporations, to grant a perpetual char
ter to any of the inhabitants of the
city OF Honolulu applying for the same,
being subjects or denizens Of the king
DOM and to their successors. for the
establishment of hospital in said city,
or the vicinity thereof, for the relief
of sick and destitute Hawaiians,' and
Sec that Such Corporation may, as
soon as the same may be done, without
Interfering with the primary object OF
said institution, as hereinbefore eX-
pressed, contract to receive and pro-
vide for sick and disabled seamen of
other countries, or patients of any de-
scription who are fit subjects for hos
pital treatment Whether the word
.Hawaiians' in Sec. l was intended to
mean aborigines or citizens of Hawaii,
need not be considered. 1t may be as
sumed that the former was intended,
Still. we think that there is nothing
in the act to prohibit the hospital es-
tablshed Hereunder from giving relief
to the sick and destitute of other ma
tionalities, provided, at least, 1t can
do so without interfering with its So
called primary object and under the
general law of April II, 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
Hospital 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 1t is still treating all alike.
AS long at least, as the principle of
equality is thus observed, public
moneys may rightfully be appropriated
for its aid. The effect, upon the right
of the Hospital TO receive moneys so
appropriated, of the exercise of the
power, II it exists, to contine its relief
to Hawaiians, need not be considered
until and unless the contingency arises.
The moneys involved in the appropria-
tions and warrants now in question are,
we think. for a public purpose.
THAT patients able TO pay are Charg-
ed certain sums varying In accordance
with their ability or with the convent
ences furnished, does not of Itself ren-
der the institution any the less "a public
charity. The moneys so obtained are
devoted 10 the same charitable pur-
poses Charity should be bestowed
only whore IL h. needed, There Is no
discrimination as between the Pay pa-
iirnts themselves AN are treated alike
who fan within the same class, SO
also tho fact that the trustees det0r-
mine tho patients financial ability docs
not deprive tho Hospital of M rlpemos'
ynaY or public character II thp trusr
irrs abuse iheir trust lhry are subject
a. iho supervision of "a court nf rluilyr
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