164 A. 612 | Pa. | 1932
Lead Opinion
Argued May 24, 1932. This is a taxpayer's bill to restrain the defendants, fiscal officers of the Commonwealth, from paying money to Harrisburg Hospital, also a defendant. The officers filed a preliminary objection, pursuant to Equity Rule 48, alleging that the bill contained no averment "that would make it illegal or improper" to make payment to the hospital according to law. The learned court below sustained the objection and dismissed the bill.
Plaintiff challenges the constitutionality of the Act of June 26, 1931 (page 106 of the Appropriation Acts of 1931), authorizing payment in specified contingencies. It is entitled "An act making an appropriation to the department of welfare for the maintenance of certain hospitals." The bill quotes, as the only basis for relief, article III, section 3, of the Constitution, providing that "no bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title;" it avers that the act is unconstitutional "for the reason that it contains more than one subject."
Appellant states the question involved as follows: "Whether an act of assembly making an appropriation *547 to an executive department to be paid to more than one hospital violates the Constitution because containing more than one subject." To that, of course, we limit our consideration.
The act appropriates a specified maximum to the department of welfare to be "by it paid to the hospitals hereinafter designated in the amounts hereinafter specified, for the purpose of the maintenance of such hospitals, in the manner prescribed by law, at the rate of three dollars ($3) per diem for the medical and surgical services rendered to and maintenance of persons treated in such hospitals who are entitled to free service; and for each day of part pay service, such proportion of the three dollars ($3) per diem rate as the part of the regular charge which the person treated is not able to pay bears to the regular ward charge for free service, except that no hospital shall receive compensation at a rate exceeding the actual cost of service per capita in its public ward." Section 2 prohibits payment to any "denominational or sectarian institution or corporation or association."
What, then, is the subject of the legislation? — and, is it clearly expressed in the title? The legislature deemed it desirable that the State should contribute to the maintenance of certain hospitals by reimbursing them, in whole or in part, for the cost of "medical and surgical services" rendered by them to the described persons entitled to such service free of charge; it doubtless concluded that unless such charitable and benevolent contribution (cf. Collins v. Martin,
The object of article III, section 3, was considered and stated in Com. v. Barnett,
Appellant in its supplemental brief quite properly states that "article III, section 15, only serves to explain and make more clear article III, section 3, whose violation is expressly alleged. Section 15 says, 'All other appropriations *549
shall be made by separate bills, each embracing but one subject.' If the bill in question does not violate section 3, which prohibits a bill 'containing more than one subject,' it cannot violate section 15. If the bill in question contains more than one subject it is in violation of both sections. It cannot violate either without violating the other." The act is of course not a general appropriation bill, nor would the subject have place in such bill, because not in the category of expenditures contemplated by that designation in article III, section 15: Com. v. Gregg,
We have not overlooked article III, section 16, of the Constitution providing as follows: "No appropriation shall be made to any charitable or educational institution not under the absolute control of the Commonwealth, other than normal schools established by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all the members elected to each house." As we have said, the bill challenges the statute on the single ground specified. Counsel for plaintiff has not suggested that the act did not pass by a two-thirds vote as, of course, was required by the Constitution. We therefore assume, for the purposes of the review desired by the parties, that there was no infirmity in this regard: Cf. Chalfant v. Edwards,
Decree affirmed at the cost of appellant.
Dissenting Opinion
I dissent from the conclusion reached by the majority. The act makes an appropriation to the department of welfare for some one hundred and seventy hospitals. The appropriation was intended as an appropriation to *550
each of the several hospitals in the amounts shown opposite the hosiptals named, subject to regulations as to hospital service, looking toward a more efficient and economic administration of hospitals. Therefore, the act is, in effect, an appropriation to each hospital and the money can be used for no other purpose. This court said in Collins v. Martin,
Article III, section 15, of the Constitution provides: "The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the Commonwealth, interest on the public debt and for public schools; all other appropriations shall be made by separate bills, each embracing but one subject."
The act under consideration does make one hundred and seventy distinct and independent appropriations by one bill, which embraces one hundred and seventy different subjects of appropriations, namely, money to be paid different hospitals. The reason for the adoption of this section may be found in the opinion of Mr. Justice MITCHELL in Com. v. Gregg,
Justices SIMPSON and SCHAFFER joined in this dissent.