The New York herald., 1873-11-30
THE COMMISSIONERS OF CHARITABLE COZ.
RECTION.

Grave Doubts as to the Consti ID u ion nj II v
OF the Law Creating H-A Dangerous
Power Given the PoIice-Views OF
Mayor Hnvcmeycr.
The law passed last session providing for the ap-
pointment OF two Commissioners OF Charitable
Correction, to take charge and dispose OF that
class OF children known as 'juvenile delinquents
and idle and truant chdren,"is calling out much
criticism and unlavorable comment, not only by
the members of the Common Council but also by
the people, who believe that at least section ()
OF the law will open the door for outrages upon
the rights OF the masses. The act provides
that this Mayor shall appoint and the
Aldermen confirm two Commissioners, at a salary
OF $4,000 each, who with clerk at salary OF
$1,000 per year, shall constitute court to have
exclusive jurisdiction OF all such children, and
these Commissioners shall have all the Jurisdiction
coordinate with that conferred by the law upon
aldermen, magistrates, police Justices justices Of
the peace or justices of the district courts Of the
city and county, for the purposes OF their appoint
ment. They are also vested with authority and
jurisdiction over all street vagrants and wander
ers, vicious, malicious and wlfully disobedient
children under IA years OF age.
Section 8, which the opponents OF the act allege
opens dangerous door for oppressive arrests,
reads -
SECTION SIT shall be the duty of any officer
any child or children hereinbeore specicay mentioned
and described who may be found at any lime in any
sold exchanged or given away or places OF resort or
theatres and varieties and Immediately upon n such
arrest Or as soon thereafter as complaint Gan be heard
brought before said Commissioners examination and
S
sna e iST 10 @
by other criminals and for their exclusive benefit and
1t Is claimed that emergencies almost hourly Oc-
cur in the thickly populated tenement districts
where alcoholic liquors are required for medicinal
purposes, and children alone are available as
messengers to secure 1t at the corner liquor store.
II any child under IL years OF age enters he is
liable TO be arrested coming out and incarcerated
all night, without the sick parent being aware Of
the arrest, and that II a 1ather gives his sons
carried OF as criminals and incarcerated Tor
number or hours, until the Commissioners can in
vestigate the merits OF their case and discharge
them.
One OF these Commissioners, DR.. r. d. Nesbitt,
has been appointed and confirmed. The nOmina-
tion of Joseph F. JOY as the second Commissioner
will likely be sent in at the next session OF the
Aldermen. The views OF the Mayor were yesterday
sought by a HERALD reporter. Mr.. Havemeyer,
who considers the nomination OF the Commission
mandatory upon him, stated that he had not care
fully examined the act but ne believed that
the Commissioners would so administer the
law as not to make 1t bear heavily upon
children carrying out the orders OF parents. He
thought that the law would work well in prevent
ing children from visiting dance houses and con-
cert saloons, hut admitted that police officers
might unjustly restrain children OF their liberty, as
officers could not, on finding child coming out OF
liquor store, search tenements for it's parents to
learn whether they had been sent there by parents
to secure liquor for medicinal or other purposes.
He stated that 1t would be the duty OF the officer to
question the chilu as to the OF its visit to
such places and II he failed TO he would have
him broken. Some claim that the Aldermen will
refuse to confirm the second Commissioner so as
render the law luOperatlye.