city cannot be estopped from terminating payments to hospital it is not statutorily authorized to make
How later courts described this case
- city cannot be estopped from terminating payments to hospital it is not statutorily authorized to make
Written by the judges who cited it.
The opinion
DeviN, C. J.,
concurring: I concur in the opinion written for the Court by Justice Parker, and I am in accord with the conclusion that in this case the support and maintenance of plaintiff’s hospital is not a necessary municipal expense within the meaning of Art. VII, see. 7, of the Constitution.
However, in view of the expanding need of hospital facilities and hospital care in this State, the issue here resolved against the power of municipal corporations to levy a tax or to expend funds derived from taxation for this purpose may in the future, in a proper case, require reexamination of this question. The growing concept of public health as a matter of prime importance, invoking the exercise of governmental power, is illustrated by the statutes creating hospital authorities and the fruitful results attending the activities of the Hospital Care Commission.
The issue is not foreclosed.