Mayor of Baltimore v. Keeley Institute

Citations

• 81 Md. 106
• 31 A. 437
• 1895 Md. LEXIS 29

Syllabus

<p>Medical Treatment of Habitual Drunkards at Public Expense.— Constitutional Law. — Power of Legislature over Municipalities.— Title of Statutes. — Mandamus to Compel Payment by a Municipality.</p> <p>The Legislature has the power to require municipal corporations to pay for the medical treatment of habitual drunkards residing within the muncipality, who may be committed by the Courts to a medical institution for such treatment, and who are themselves unable to pay for the same.</p> <p>The Act of 1894, ch. 247, provides that where a petition to a Circuit Court sets forth that a certain person is an habitual drunkard, a resident of the county or city, that neither the petitioner nor such person is able to defray the expense of medical treatment for drunkenness, and where such person agrees in writing to take such treatment, then the Court shall send such habitpal drunkard to some institution for the cure of drunkenness, and order that the expense thereof, not exceeding fioo, be paid by the county or city where the drunkard resides. Under this Act the Circuit Court of Baltimore City committed a certain person to the Keeley Institute, and ordered that the sum of $100 for the expense of his treatment be paid out of the treasury of the city. The proceedings in the Circuit Court were ex parte, without notice to the municipal authorities, and upon their refusal to pay said sum, a petition was filed by said Institute praying for a writ of mandamus commanding such payment to be made. Upon appeal from an order directing the mandamus to issue as prayed, Held,</p> <p>1st. That the Act in question is valid under the Constitution of Maryland; the expense of the treatment of pauper drunkards being an expenditure for a public purpose, and the Legislature having the power to compel municipal corporations to perform any act within the ordinary functions of municipal government.</p> <p>2nd. That although no provision is made for notice to the city of the proceeding, or an opportunity