15 Haw. 663 | Haw. | 1904
OPINION OP THE COURT BY
On tbe motion to dismiss this appeal, we held that the appropriations involved, if they are rightful subjects of legislation, could be lawfully passed at an extra session of the legislature called under the provisions of Section 54 of the Organic Act. Ante, p. 514. The only question remaining is whether or not the 'appropriations were rightful subjects of legislation.
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. It is sufficient to determine in each particular ease whether, upon all the facts and circumstances, the purpose is a public one. “In deciding whether, in the given case, the object for which the taxes are assessed falls upon the one side or the other of this line, they (the courts) must be governed mainly by
In this jurisdiction and elsewhere, to provide and care for the indigent sick has long been recognized as a proper and, perhaps, necessary function of government. This provision and care is sometimes furnished in hospitals owned and conducted by the government itself; but if the government does not own or maintain such an institution, the relief may with equal propriety be furnished indirectly through a hospital conducted by individuals for public purposes and not for private gain, by assisting, to a reasonable degree, in the maintenance of such institution. As was said in Hennepin v. Brotherhood, 27 Minn. 460, 462, “Without undertaking to give a general definition, it will be sufficient for all the nurposes of this case to say that an institution established, maintained and operated for the purpose of taking care of the sick, without any profit, or view to profit, but at a loss which has to be made up by benevolent contribution, is a charity. If, in addition to this, the institution is one the benefits of which the public generally are entitled to enjoy, it is then a pui’ely public charity — public, because, although not owned by the public, its uses and objects are public; purely public, because its uses and objects are wholly public, and for the benefit of the public generally, and in no sense private as being limited to particular individuals.” To such an institution aid may be extended by the government, because of the function which it is performing.
The Queen’s Hospital received its charter in 1859, whereby it was constituted a body corporate, with power, among other
If, then, the purposes of the Hospital are to be ascertained from the charter alone, there can be no doubt that it is a public charity and, consequently, that public aid may be extended to ft. It 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. Sec. 1 of that act provides that “It shall be competent for the Minister of the Inte
That patients able to pay are charged certain sums varying in accordance with their ability or with the conveniences furnished, does not of itself render the institution any the less a public-
An order will be made, if necessary, directing the auditor to-issue the warrants demanded.