New-York tribune., 1874-05-22

o.. m ., and rohodv before ever dreamed that this
was a private trading corporation, anu .no onS
ton that have heard made that 1t was not excutyey
ena@ea in n1bic work 10 correct Juvenile denquents
is that spent $4,000 In salaries paid 10 people 10 th,
ing care Of Juveniles Further than tha IL Is an ta
there IS a certain discretion the reception ana proec
ton Of these delinquens, and the py % nt re
Limitation upon that Is found IN al act whlch uOes
Gnire US TO take any more than house VIII holu
Wna has been said about certain discretion IN tno ~
to me, upon clear misapprehenson of the true
meaning OF the discretion that IA contained IN tDe act
OF ls2t-he original act OF Incorporation Inc dsereoh
IL To be the discretion OF corporation IN executing s
corporate duties, and its sole corporate ehesss
beyond the execution OF which would have been ufra
res In every respectwas to take care OF these young
Of thu as sso" s ros ssver ma ,as BE- said aboIe
ts discretion IN the act OF 1924 the act OF 1926 removes
provides In the first section that the managers
OF the Society shall receive aud take in the House OF
criminal oense in any city or county OF this State ac
c9rdlng To the Judgment OF the Court conyictng the
have power to send children in their institutions this
House OF Refuge and 1t was compulsory upon the latter
To receive them. Finally, authority also given TO
the Society when IL deemed necessary to
convicts to the State Prison Ths work OF the Society
Mr. Evarts argued, was purely public function orgina
ing in purely public beneyoence, and having for its OBJ
ect that clearly defined class selected by the justice OF
the public funds OF the state, raised by taxation.
The Socetys buildings he sad were put up at the pub
public Institution as the state Prison Now,
authority rests in the Legislature and all power IN this
State not judicial Mr. Gerard, the eminent lawyer,
now deceased, OF the prime movers In this
charity and 1t had been carried through the Efforts
himself and other eminent men IN the legal prolos-
sion and it found for the first time after
years establishment, that this institution because III
did not subject criminals TO the absolute routine OF
State prison, had not constitutional existence as
public Institution. We may well pause said MI Eyars,
a court the Drst instance, before preliminary ln-
junction ia TO be issued that is to un5ete the entire
establishment of5 years experience The speaker went
show that the theaters liable to taxation.
and being the fduds resulting and paid into the State
Treasury could be paid legally by the state to any cor
poration. IL not affair OF MI Walack or his
friends what particular manner the state dsOursed
the money they paid taxes. As To the remarks that
had been made against taxing theaters, they were
appropriate before Legislature but not before this
judicial tribunal They had been placed before the
Legislature during the last 50 with no impression
except in a single instance during certain May0raltY,
when, In bill passed to define the duties Of Corporation
Attorneys, there Was found clause repeating this
established charity and that mischief void 1t was
under the Constitution for lurking In statute with title
in which it not contained, now void aud not IN
iorce Mr.. Evarts added, also, that the Courts had
always steadily declined to measure the exact line be-
public and private Objects but had left II TO the
LEGISLATURE where 1t belonged. Mr.. Hall will reply
morrow.