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OMAHA, NEBRASKA, FIJI DA V, FEBRUARY 11, 1MS.
NtlMHKIl f.
Volume Vlil.
f4
ROME is knocked OUT.
Joseph Bradfield Wins His
Suit and Gets An In
junction Against the United States Treasurer,
Restraining Him From I'ajliijr to
the Roman Corporation any
Public Funds.
Judge Hagner, presiding In Equity
Court No. 2, today, (Feb. 3), made a
' ruling of far-reaching importance,
holding that it is unconstitutional for
CongreBB to appropriate money for
sectarian Institutions. The court
signed the order, for reasons set forth
in his opinion, enjoining the treasur
er of the United States from paying
or delivering to any officer or agent.
'" iSr to the directors of Providence Hos
pital, in this city, any moneys belong
ing to the United States or to the Dis
trict of Columbia, under or in virtue
of an agreement entered into between
the Commissioners of the District and
the directors of the hospital.
The opinion was rendered in the
case of Joseph Bradfield, filed Novem
ber 21 last, praying for an injunction
against Elias H. Roberts, treasurer of
the United States. The object of the
suit, so Mr. Bradfield explained, was
to procure an order of the court en
loininer and restraining Treasurer
Roberts from paying or delivering to
any officer or agent of Providence
Hospital, or to the Directors of Prov
idence Hospital, or to any person
whatsoever for the use and benefit of
the same, any money belonging to the
United States or the District of Co
lumbia, upon an agreement between
the surgeon general of the army and
the directors of the hospital, under
color of an authority to provide "for
the support and medical treatment of
ninety-five medical and surgical pa
tients who are destitute," contained
in the sundry civil act of June 4 last;
or by virtue of an agreement between
the District Commissioners and the
directors of the hoapital, made Au
gust 16 last, wherein It is provided
that the Commissioners "will erect
. on the ground of the hospital an iso
lating building, or ward, for the treat
ment of minor contagious diseases."
Mr. BradfleM appeared as attorney
In his own behalf, while District At
torney Davis and Assistant District
Attorney Baker looked after -the In
terests of Treasurer Roberts.
The case was argued during several
days about the middle of December,
and Judge Hagner has had the matter
under consideration since. Mr. Brad
field contended that Providence Hos
ff pltal is a private, eleemosynary cor
" poration, composed, to the best of his
belief, of a monastic order or sister
hood of the Roman Catholic Church,
and is conducted under the aus
pices of the church, invested
specially with "full power and all the
rights of opening and keeping a hos
pital In the city of Washington for
the care of such sick and Invalid pa
tients as may place themselves under
the care and treatment of said corpo
ration."
, Mr. Bradfield further maintained
that in view of the sectarian charac
ter of the hospital and the specific
and limited object of its erection, the
contract with the surgeon general and
the agreement with the Commission'
ers were unauthorized by law, and
moreover, involved a principle and
& precedent for the appropriation of
the funds of the United States for the
use and support of the religious socle
ties contrary to the article of the Con
stitution which declares that Congress
shall make no law respecting a re
llgious establishment, and also a pre
cedent for giving to religious socie
ties a legal agency in carrying into
effect a public and civil duty, which
would, If once established, Mr. Brad
field held, speedily obliterate the es
sential difference between civil and re
ligious functions.
Continuing, Mr. Bradfield declared
that he and all other citizens and tax
payers of the United States are in
Jured by reason of the contract and
agreement whereof the public funds
are being used and pledged for the ad
vancement of a private and sectarian
corporation.
The agreement in question was that
the Commissioners should erect jon
the grounds of Providence Hospital
an isolating building or ward for the
treatment of minor contagious dis
eases; that the building or ward
should be erected without expense
to the hospital, except such as It might
elect, but should be paid out of an ap
"8 III v
propriatlon for that purpose, con
tained in the District appropriation
bill, approved March 3, 1897, and upon
plans to be furnished by the Commis
sioners and approved by the health
office; that when the building or ward
should be completed It should be (
turned over to the officers of Provi
dence Hospital, subject to the follow
ing provisions:
"1st. That two-thirds of the entire
capacity of said isolating building or I
ward shall be reserved for the use of
such poor patients as shall be sent
there by the Commissioners of the
District from time to time through the
proper officers. For each such patient
said Commissioners and their succes
sors in office are to pay at the rate
of $250 per annum, for such time as
the patient may be in the hospital,
subject to annual appropriations by
Congress.
"2d. That persons able to pay for
treatment may make such arrange
ment for entering the building or
ward as shall be determined by those
In charge thereof, and such persons
shall pay to Providence Hospital reas
onable compensation for such treat
ment, to be fixed by the hospital au
thorities; but such persons shall have
the privilege of selecting their own
physicians and nurses, and in case
physicians and nurses are selected
other than those assigned by the hos
pital, it shall be at the expense of the
patient making the request.
"And said Providence Hospital
agrees to always maintain a neutral
zone of forty feet around said Isolat
ing building or ward and ground con
nected therewith, to which patients
of said ward have access."
The act of congress referred to In
the agreement is contained in the par
agraph as follows: "For two isolat
ing 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.
$30,000."
The provision in the Constitution
of the United States referred to in the
bill filed by Mr. Bradfield is contained
In the first amendment to the consti
tution, introduced by Mr. Madison at
the first session of Congress after the
adoption of the Constitution, and
reads: "Congress shall make no law
respecting an establishment of relig
ion or prohibiting the free exercise
,hereof."
The question for decision, said
Judge Hagner In delivering his opin
ion. Is whether either the provision of
the act of Congress or the agreement
made by the Commissioners under the
authority conferred by it in words or
In effect is in contravention of the In
hibitions of the first amendment.
It Is scarcely suppoBable, Judge
Hagner went on to say, that Congress
Jj mZi
PROBABLY HE IS
would ever pass a law in direct and
palpable opposition to the prohibitions
of the amendment. Probably Tlie'only
Instances where such violation would
ever occur will be where some pro
vision has been passed into the form
of law without sufficient consideration
and in the haste of legislation, which,
though unobjectionable on Its face
would yet in effect tend on the one
hand to foster or to encourage relig
ious societies in general or any one
in particular, or, on the other, to pro
hibit the free exercise of religion on
the part of any one or of all such so
cieties and churches.
After stating that no man more
fully understood the importance of
maintaining the principle referred to
than Mr. Madison, or more thoroughly
comprehended its just scope and the
danger in which It stood from care
less legislation, Judge Hagner referred
to the language used by Mr. Madison
in vetoing certain acts providing for
the incorporation of churches and the
like.
"No one reading the two para
graphs of the act providing for the ap
propriation in question as though
they were incorporated into one,"
continued Judge Hagner, "could pos
sibly conclude that Congress had di
rected or expected the $30,000 appro
priated should be expended within the
grounds of any hospital under such
sectarian control, whether Luther
an, Methodist, or Roman Catho
lic. For when Congress, after mak
in the appropriation, had plainly
declared it to be the policy of
the government to make no ap
propiation of money or property for
the purpose of founding, maintain
ing or aiding by payment for services,
expenses or otherwise any church or
religious d nomination or an institu
tion or society which Is under secta
rian or ecclesiastical control, it would
seem to have closed the discussion of
the question.
"Whatever authority the Commis
sioners of the District of Columbia
possess in reference to the subject,"
Judge Hagner said, further, "they
could have only acquired from Con
gress, which, of course, could com
municate to them no powers it did
not costitutionally possess. Whatever
acts were forbidden by the Constitu
tion to Congress with respect to the
assistance of religious establishments
were, of course, forbidden to its
agents, the commissioners.
"The statute undoubtedly author
ized the isolating buildings to be con
structed In the discretion of the Com
missioners, either on the grounds of
two hospitals or on other lands not
belonging to any hospital.
"It Is conceded by the demurrer
that Providence Hospital is a corpor
ation composed of members of a mo
nastic order or sisterhood of the Ro
FULLY ARC USED AT LAST.
man 'Catholic. Church, and that the
title o its property Is Invested in the
Sisters of Chariiy of Ernlttsburg, a
non-resident corporation. One who
erects buildings on the land of anoth
er has no right to remove them against
the will of the land owner. Whatever
title tue United States might claim
in a building constructed by it upon
the grounds of the Providence Hospi
tal would be a species of continuing
joint ownership or copartnership be
tween the government on the one part
and at sij::tarian corporation having
its habitat in the state of Maryland
on the other
Continuing Judge Hagner re
marked that he conceives the agree
ment in question undertakes in be
half of the public authorities to give
"legal force and sanction" to articles
in the administration of the hospital
which "so far would be a religious
establishment by law," and for that
reason illegal. "It is also worthy of
remark," added Judge Hager, "that
the Commissioners agree to pay at a
designated rate for the patients they
may send to the hospital, 'subject to
annual appropriations by Congress
while section 81 of the Revised Stat
utes 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 ap
propriations shall have been made.
"Besides, in the words of the pro
vision, "it is hereby enacted, that
from and after the 30th day of June,
1898. no money appropriated for char
itable purposes in the District of Co
lumbia shall be paid to any church or
religious denomination or to any in
stitution or society which is under
sectarian or eceelsiastical control,"
which would render this obligation
assumed by the Commissioners in the
agreement incapable of performance
after the date named.
"However incongruous such an
ownership may be where the other
party is non-sectarian in character, I
can see it would also be an unlawful
one, is against the spirit and pur
pose of the first amendment, when
such contracting party Is a sectarian
sisterhood or order under the aus
pices of a church or religious society.
"In the argument for the defendant
reference was made to the great diffi
culty experienced by the Commission
ers in obtaining suitable places for
hospitals for contagious and infect
ious diseases." I understood this to
be urged rather as an explanation
than as a justification of the agree
ment, since the difficulty of properly
performing an assigned duty can
furnish no defense for its unlawful
execution.
"Hut that difficulty, a I understood,
existed only wllli respect to a hospi
tal for contagious and infectious di
seases of the gravest character, such
as small pox and yellow fever;
whereas the isolating building author
ized by the agreement is to be used
for the treatment of minor contag
ious diseases." As diphtheria and
scarlet fever are named In the prev
ious paragraph of the law, the Com
missioners were doubtless right In
supposing those diseases were In
tended to be provided for In the ap
propriation; which makes no mention
of any disease, whether contagious or
infectious, or whether of an aggravat
ed or simpler description.
"The Commissioners were doubtless
of the opinion that the requirements
as to space and air could be best ful
filled by placing the new building
within the grounds of Providence Hos
pital, and were justified In assuming
that the competent and careful nurs
ing needed for the patients would be
secured there at the skillful hands of
the humane attendants, for It is be
lieved this hospital, like the others
in the city, is managed by kind peo
ple, who find their chief reward in the
con8ciousn68 of relieving the poor
and suffering.
"But this consideration cannot pre
vail against the grave objection to the
location of tne proposed building on
the grounds of a hospital under sec
tarian! management," concluded Judge
Hagner. "For the reasons given I
shall pass an order for an Injunction
against the treasurer as prayed for
in the bill, with reference to the ar
gument." To a Star reporter, District Attorn
ey Davis stated this afternoon that it
is his intention to appeal to the
Court of Appeals from the ruling of
Judge Hagner In the Providence Hos
pital case. Washington, D. C, Daily
Star.
Another Reman Hiaf.
From a report of the proceedings of
"the Child-Study Congress," which be
gan its sessions in the Columbus Hall
of the Paul 1st Fathers. New York, on
December 29 last, we select the follow
ing: The congress began work on Wed
nesday morning with a discussion on
the general subject of Catholic edu
cation. The Rev. James P. Kiernan,
of Rochester, presided, and opened a
discussion with a paper on "The Paro
chial School," in the course of which
he said, after having dwelt on the im
portance of distinctly Catholic schools
for Catholic children: "To this it
may be objected that the teachers in
the state schools do teach morality,
both by word an example, and that
some of the best Catholics never wont
to a Catholic school. To the first of
these objections I answer that I know
that the majority of the teachers lu
the state schools are leading noble,
pure, unselfish lives. I have found as
sociation, with them pleasant, profita
ble, iiinl Inspiring; but a saint from
Heaven could not teach morality under
these IrciiiiiHtalH'eM. The couflletlti
Mlef of the pupils ma It Impossi
ble lo put It on a secure IiuhIs, for re
ligion Is the only basis.
"My answer to the second objection
Is that the persons alluded to srn
good Cut holies In spite of having gomi
to the Htate hi hoolrt. not because of It.
Their home environment was favor
able, but there are niilllotiM of child
ren without hiicIi environment who
would be lost to the church without
the parochial school,
"Another objection is that the
Catholic schools give too much tlmo
to religion and too little to other
branches. This is entirely untrue. I
have taken the trouble to ascertain
the average ago of children graduat
ing from the grammar grade In tint
Catholic tuhools of Rochester, and I
have found It considerably tinder that
of children passing the samo exami
nation In the state schools."
Studied a Hut.
"An attempt was made to play
dirty trick upon Patrick Egan at:
Montreal recently," saiu National
Committeeman Dick Kerens of Mis
souri, "by the samo people who put
an affront upon Consul General Blt
tlnger by having him blackballed
when proposed for membership in the
Saint James Club. This Is a ram
pant Tory organization, and Us mem
ber set a trap for Mr. Egau, who
proved too smart for them. It was sug
gested to Egun when ho arrived at
Montreal on a mission for the United
States government that his name be
put up at Iho Saint James Club "lit
order that he might have a place to
pass away the time pleasantly. Egan
smelt a largo rat Immediately, and,
although the proposer was enthusias
tic alsMit the matter, ho was forbidden
to Mst the name of Egan on the bul
letin board at the club.
"Hy this means the representative
of the United States was spared tho
humiliation of being blackballed as
Consul General lilttlnger was a few
weeks ago by this wiine organization.
Had Consul General lilttlnger been
warned In due season and prohibited
the use of bis name he would have
been saved from an apparent stigmat
upon it. Hut being turned down by
such an organization as the Saint
James Club should be esteemed ai
honor by any true American.
"Although tho action of the club
was ostensibly directed against Mr.
lilttlnger, it was In reality a deliber
ately planned insult to thf government
which ho represents at. Montreal.
Egan, however, was too smart for the
Tory toadies to everything pertaining
to her Majesty, and Is entitled to cred
it for the course he pursued. He knew
as well as any member of the Saint
James Club that the mere suggestion
of his name at the club-house would
bring down a perfect shower of black
balls, and he turnel the laugh upon
the representatives of Johnny Hull by
declining an honor which was Intend
ed to result, in an affront." Wash
ington Dispatch to Chicago Tribune.
The Chicago Chronicle professes to
believe the Republicans will lese. the
national House of Representatives in
the fall of 1S9S. We sincerely hope
that neither the Republican nor Dem
ocratic party, as such, will elect a ma
jority of the next Congress, but that
patriotic Americans will gain control
of that body. Hundreds of thousands
of loyal Americans, representing every
section of the Union, are unloosing
,he party shackles that have hereto
fore bound them, and are taking their
places in the ranks of sovereign, free
and independent American citizens.
Patriotic Americans will henceforth
know no north, no south, no east, no
west and in the congressional elec
tion of the current year they will vot
only for those candidates for the Con- t
gress who are known to be men of un
doubted honor and probity, men who
will at all times place the interests
of country and patriotism far above
pprty fealty and party aggrandize
ment. The editor of this paper takes pleas
ure in recommending to all patriots
Rev. Christian's great anti-Roman
book, entitled, "Americanism or Ro
manism, Which?" It is bound in
cloth, neatly printed on good paper,
and it is full of facts. It Is interest
ing. Price only $1.00. It Is worth
$2.00. Order of American Pub. Co.,
Omahe, Neb.
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opy of the Atlas of the World, con
taining the latest and most accurate
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