13 S.D. 309 | S.D. | 1900
This is an appeal from an order sustaining a demurrer to the complaint. It is alleged in the complaint that the defendant Friedrich Berndt is an insane person, mentally incompetent to manage his property, and has been such since the 16th day of January, 1889; that on the 22d day of January, 1889, the defendant Theodore Berndt was duly appointed guardian of the person and estate of the defendant Friedrich Berndt; that on the 16th day of January, 1889, defendant Fried-rich Berndt was, and ever since has been, and now is, an unmarried person, and has no children or heirs within the United States dependant upon his estate for support; that on the 21st day of May, 1889, said Friedrich Berndt was, at the request of his guardian, the above named defendant Theodore Berndt, duly ordered to be taken to the hospital for the insane at Yank-ton, where he has ever since been, and now is, an inmate, receiving treatment and maintenance therein; that on the last-mentioned date said Friedrich Berndt had and owned property in Bon Homme county, in this state, consisting of 480 acres of farm land, of which he has ever since been, and now is, the owner in fee, and that said estate is unincumbered and is worth the sum of $7,000; that the plaintiff county has paid out for and on account of the defendant Friedrich Berndt, at the request of his guardian above named, for his care, treatment,
Counsel for the appellant contends that under the provisions of an act entitled “An act providing for the reimbursement of counties for the expense of maintenance of insane persons in certain cases, ” approved March 11, 1895 (being Chapter 98, Laws 1895), the p'aintiff is entitled to maintain this action. Section 1 of that act reads as follows: “The amount incurred by any county of this state for treatment and maintenance of any insane person in the hospital for the insane shall be a charge against the estate of such insane person: provided,
It is certainly competent for the legislature to provide that certain insane persons, viz. those possessing estates with no heirs depending upon said estates for support, should be responsible for the expenses incurred in their care and treatment at the hospital for the insane, while another class of insane persons, viz. those having heirs dependent upon said estates for support, should be relieved from that liability. This court has often said that it will only declare an act of the legislature unconstitutional when it is clearly in conflict with some provision of the state or national constitution. If the question is in any manner doubtful, the doubt will be resolved in favor of the legislative action. The legislature, in the act referred to, divides insane persons, for the purposes of the act, into two classes; and it provides that persons belonging to the class having no dependent heirs shall be liable for their support at the hospital for the insane, and leaves in the second class insane persons having dependent heirs, who are not made so liable. It will be observed that all persons belonging to the first class are made liable. No discrimination is made as to
It is hardly necessary to pursue this discussion further, g>s the power of the legislature to provide laws applicable to particular classes of citizens is too well established to require the citation of authorities. If the law had provided that certain insane persons, not having heirs dependent upon their estates for support, should be liable, while other insane persons similarly situated should not be liable, of course the law would be objectionable, as conflicting with the provisions of the constitution, as there would be privileges and immunities granted to certain citizens which were denied to others similarly situated. But in this act the distinction between the two classes is clearly'and wisely drawn. The legislature has very properly said that insane persons having no heirs within the United States dependent upon their estates for support should be