95 Wis. 153 | Wis. | 1897
Ch. 203, Laws of 1895, provides, in effect: (1) That when any citizen of the state becomes an habitual drunkard, and is pecuniarily unable to procure and pay for treatment for such disease, any citizen of the state, the next friend, the attending physician, or any public officer may petition the county court or judge thereof, within and for the county where such habitual drunkard resides, for an order of said court or judge thereof permitting said habitual drunkard to take treatment at some institution for the cure of drunkenness and drug addictions, established within the state, at the expense of the county, as the county judge may select. (6) That the term “ habitual drunkard,” as defined by the act, includes all persons addicted to the use of spirituous, malt, or fermented liquors, morphine, opium, cocaine, or other drugs or narcotics to such a degree as to deprive him or her of the power of reasonable self-control. (2) That
The complaint alleges, in effect, the incorporation of the plaintiff; that one J. S. White, an alleged habitual drunkard, age forty-two years, and a married man, and a resident of the defendant county, was, May 31,1895, upon the requisite petition, certificate, verification, and consent of the said White, ordered by the county court to be conveyed to the Keeley Institute at Waukesha, for treatment for such habitual drunkenness, at the expense of Milwaukee county, not to exceed $130; that, under such commitment, said White
It is conceded that White was committed to the plaintiff’s institute in the manner required by the act, and was there treated for drunkenness, as alleged, and that the plaintiff is entitled to recover in this action if the act in question is valid. On the other hand, it is obvious that, if the act is void, then the action cannot be maintained. The question presented, therefore, turns entirely upon the constitutionality of the act. It is undoubtedly true, as claimed by counsel for the plaintiff, that the state legislature has authority to exercise any and all legislative powers not delegated to the federal government, nor expressly or by necessary implication prohibited by the national or state constitution. Bittenhaus v. Johnston, 92 Wis. 595, and cases there cited. So, it is undoubtedly true, as claimed, that a statute should, if possible, be so construed as not to be in conflict with the constitution. But no construction is permissible which defeats the obvious purpose and object of constitutional restrictions.
Counsel for the plaintiff contend that the act in question comes within the police power of the legislature, and is therefore valid. Such power undoubtedly extends to the regulation and protection of the lives, limbs, health, comfort, good
The act in question does not go upon the theory that the-victim of such addiction is helpless and destitute, and hence the subject of public charity. It does treat such addiction as a “ disease; ” but it does not treat it as a contagious or infectious disease, and there is no allegation or claim that it
A learned writer on constitutional law says upon this subject : “ So, a municipal corporation cannot be authorized to tax the citizens for the support of a school, hospital, or library, although its doors are open to the public and a great number of persons will participate in the advantages which it confers, unless it is a public agency, or controlled and managed by the state. The power would seemingly be limited, though there were no express prohibition. It is inherent in the idea of taxation that it should be for the public good; and a law taxing one set of men for the benefit of another, or in furtherance of an industrial enterprise in which they were engaged, would be regarded as confiscation in all civilized countries. . . . Schools, almshouses, and hospitals occupy an intermediate position, and may be public or private uses, according to circumstances. When controlled by the commonwealth, and open to all who need such aid, they are public uses, and may be endowed and sustained by taxation; but it cannot properly be employed for the support of any institution, however admirable or useful, which is in the hands of private persons who are not accountable to
Three cases are cited involving the validity of statutes somewhat similar to the one in question. The Maryland act was broadly distinguishable from the one at bar, and was held valid. Mayor and Cit/y Council of Baltimore v. Keeley Institute, 81 Md. 106. The Colorado act was more like ours, and it was held, in effect, that one who “ is financially unable to pay for the treatment of such disease ” belongs to a class of “ poor who have become helpless and unable to care for themselves,” and hence “ within the governmental functions of the state,” and the act was valid. Ln re House, 46 Pac. Eep. 117. The case is not made to turn upon the questions we have considered, and we cannot regard it as an authority in the case at bar. The Minnesota case is made to turn upon the delegation of power, and the law is held to be invalid. Foreman v. Hennepin Co. 64 Minn. 371.
But it is unnecessary to continue the discussion. For the reasons given, we hold the act in question unconstitutional and void.
By the Oourt.— The order of the circuit court is reversed,, and the cause is remanded for further proceedings according to law.