March 2, 1907

Judge Slover Upholds City Ordinance
--Notice of Appeal Given

Judge Slover in the criminal court yesterday sustained the action of the police court in imposing a fine of $50 upon Dr. E. O. Smith for conducting a hospital in the city without a permit from the board of health. Dr. Smith gave notice of an appeal to the supreme court and says he proposes to carry the litigation to the court of last resort.

The Smith case is of considerable interest to all members of the medical profession who are maintaining private hospitals. Dr. Smith opened a hospital on North Wabash avenue several moths ago. A protest was made by people living in the vicinity of the institution and the police ordered it closed. An application was made to the board of health for a permit by Dr. Smith, but it was refused. He continued to keep the hospital open and was finally arrested by the police. He then instituted injunction proceedings against Chief of Police Hayes and the members of the board of health, asking that the be restrained from further interfering with him and his business. He withdrew his application for an injunction before it came to a hearing and brought mandamus proceedings against the board of health to compel it to grant him a permit for the hospital. This was heard in Judge Seehorn's division of the circuit court and the writ denied.

Later, Dr. Smith was arrested a second time by the police and fiined $50, which Judge Slover says he must pay. The validity of the city ordinance under which the board of heaalth is given discretionary poower in the granting or refusal of permits was raised before Judge Slover, but he held the ordinance good. I. N. Kinley, who was representing Dr. Smith, says he will take the case to the supreme court and see if that tribunal will hold that the city council has the right to delegate legislative powers to the board of health.