Bd. of Admin. of Illinois v. Miles

• Decision Date: 19 April 1917
• Docket Number: No. 11216.,11216.
• Citation: 278 Ill. 174,115 N.E. 841
• Parties: BOARD OF ADMINISTRATION OF ILLINOIS v. MILES.
• Court: Illinois Supreme Court

278 Ill. 174

115 N.E. 841

BOARD OF ADMINISTRATION OF ILLINOIS

v.MILES.

No. 11216.

Supreme Court of Illinois.

April 19, 1917.

Error to Circuit Court, Carroll County; Richard S. Farrand, Judge.

Action by the Board of Administration of the State of Illinois, for the use of Watertown State Hospital, against J. H. Miles, administrator. A claim presented against the estate of William O'Brien was disallowed on appeal to the circuit court, and the Board of Administration brings error. Affired.

Farmer, J., dissenting.

Edward J. Brundage, Atty. Gen., P. J. Lucey, of Chicago, George P. Ramsey, of Springfield, and C. W. Middlekauff, of Freeport (F. Harrison Partridge, of Chicago, of counsel), for plaintiff in error.

Wingert & Wingert, of Dixon, for defendant in error.

DUNN, J.

The question to be decided in this case is whether section 23 of ‘An act to revise the law in relation to charities,’ approved June 11, 1912 (Laws 1911-12, p. 66), is constitutional or not. The board of administration, for the use of the Watertown State Hospital, presented a claim against the estate of William O'Brien for his support in the Watertown Hospital from October 1, 1911, until his death, on May 13, 1915, which was disallowed. On appeal to the circuit court of Carroll county the claim was again disallowed, for the reason stated that the statute under which it was filed was held to be unconstitutional. The board of administration has brought up the record for review.

Other questions than the constitutionality of the section in question have been argued, but the decision of that question is decisive of the case and therefore the other questions will not be mentioned.

Before the passage of the act of 1912 insane persons admitted to any state hospital for the insane were maintained and treated at the expense of the state, and no charge was made against them, except the cost of clothing, transportation, and other incidental expenses, not constituting any part of their maintenance or treatment. Hurd's Stat. 1911, c. 85, § 15. Section 23 of the act of 1912 is as follows:

‘Sec. 23. Support of Inmates-Reimbursement. The total cost of the support of inmates of state hospitals for the insane shall be a charge against the estates of patients or their conservators or against the relatives of such patients who would be liable for the support of the persons of such inmates under an act entitled ‘An act to revise the law in relation to paupers,’ approved March 23, 1874, if they were not inmates of such hospitals, or against the friends of such inmates who may be willing to assume such support. Such support shall include the cost of clothing, transportation and other incidental expenses and the proper proportion of the cost of maintenance, treatment and necessary repairs and improvements: Provided, the amount required to be paid out of the estate of any such patient or the conservator thereof shall not exceed the reasonable annual income from the estate of the patient aforesaid during the lifetime of any such patient and the compensation of the conservator, of any such patient shall not exceed six per cent. per annum of said income: And, provided, further, the board of administration may, in its discretion, release or modify the payment of all or any part of such income for said support in any case where the circumstances may justify it, and upon the death of any such patient while an inmate of a state hospital for the insane it shall be the duty of said board to file a claim against the estate of the deceased patient for all the balance of the unpaid support given for the entire term such deceased patient was an inmate of any state hospital for the insane, and it shall be the duty of the court in which such claim is filed to allow the same and direct its payment in due course of administration. In case such patient has no estate from which such support may be collected or annual income used as herein provided, and in case no friend is willing to and does pay such cost of support, the cost of support shall be recovered from the relatives chargeable therewith in the manner provided by an act entitled, ‘An act to revise the law in relation to paupers,’ approved March 23, 1874. The board may appoint an agent whose duty it shall be to enforce the provisions of this section. The compensation...