Craig v. Mercy Hospital-Street Memorial

Roberds, J.

(concurring).

I place my concurrence in the majority opinion primarily on the ground that this is not a donation or a gratuity. This hospital is to have one hundred and seventy-five wards. The hospital contracts to use and *458maintain ten per cent of such wards for charity patients for twenty years. The value of seventeen wards operated for charity patients for that time, figured at the lowest justifiable rate, would amount to twice as much as the State is contributing to the operation of the hospital, placing no value whatever on the obligation of the hospital to make available and use its facilities for medical and technician training for doctors and nurses. If the hospital does not carry out its contract, the State, under the contract and the statute, has a right to have imposed upon the hospital assets a lien to enforce its contractual rights.