Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-04-28
OUR ORPHANS.
Judge Baxter Says They Must be Pro;
Tided For.
An Eminently Just and Humane De.
eisi0n.

cision.
At a'session of the County Court, held
last year, Judge Ferris, as presiding officer
of the court, refused to issue county war
rants for a certain sum of money which
had been voted the inmates of the Protest
ant Orphan Asylum, st: Mary;s Or
phan Asylum and the House OF In
dustry, respectively, as he believed said APP
preparations had been made in violation OF
law. The matter was carried into the
Chaneery Court, G. NJ. Fogg, Jr., repre-
senting the St. Mary's Orphan Asylum,
John Trimble the Protestant Asy-
hum and the House of Industry. Bate and
Williams, the magistrates of the County
Court, (the foregoing parties being the
plaintifis), while Judge Ferris, as defend
ant in the case, was represented by Dodd
& Guild.
The points in the case were fully eonsid-
cred by judge Baxter and his decision was
announced yesterday, Judge Ferris at once
signifying his readiness to issue the war
rants when called upon to do so. The de-
cision was, in substance, as follows:
The naked question submitted to the
court was: Has the County Court jurisdic-
ton to appropriate money TO the support
and maintenance OF orphans? Or is it's
Jurisdiction upon the subject limited TO
binding them as apprentices, when their es-
tate is Of such small value that no person
will maintain and educate them for the
profits thereof
1t is a fundamental object of society that
the aggregate body shall protect the indi-
vidual members. The Government of Ten
nessee recognises this obligation and has
classified objects Of charity and has en-
deaFored to provide for each class.
Orphans are the most numerous class OF
unfortunates. They ciaiIi1 in peculiar
manner the paternal care of government.
The orphans wants are many. 1t wants
sympathy, food and raiment, moral and re-
ligiOus instruction, and such education as
to make a useful member of society and
citizen of the government which provides
for its support and protection.
The government has wisely selected the
County Court as the almoners of the
county. Composed as 1t is by leading citi-
zens of the several civil districts, the reasons
for its selection are obvious. The Law has
placed limits upon their jurisdiction, but
has wisely left much to their discretion
By sub-sections 3 and under section
42l5 of the Code, the County Court may
appropriate money for the support of the
poor, lunaticS, idiots, and for the funeral
expenses of deceased paupers. Here is the
power to appropriate for certain objects
without limit TO the amount.
Section 1894 directs that every county
shall have an asylum for the poor, consist
nc of lot of land with buildings, etc. G
4l,o.- Of ions of
money for the use of the asylum.
Section 1915 authorizes letting the asy-
lum and the support of the poor for period
of three years.
Aid section 1916 allows the Court to con-
tract with any person for the support OF any
or all the poor for space not exceeding
one year.
Section 1921 authorizes the payment of
money to poor persons, chargeable as paul
pers, who will be benefited thereby in such
sums or annual allowance as will not ex=
! eeed their maintenance.
| The foregoing sections relate to all the
poor of the county. The term poor is used
| i'm its bruadest sense; it includes all persons
whose poverty or inability to procure a
livelihood render them proper Objects OF
charity. The power to appropriate money
for the support of these, no matter what
the age, sex, or color, is without limit.
As to the mode of bestOwing this charity,
the County Court may place the poor in
the county asylum, and itself take charge
of the institution, appointing a Superin-
tendant; OF, secondly, it may contract with
any person to take the asylum and MAIN
tain the poor. Thirdly, it may put out the
individual poor to be supported by private
contract. Fourthly, it may give to the in
dividual poor the money with which 10
maintain himself
The orphans in charge of the benevolent
institutions, for whose benefit the apprO-
priatiOIls were made. average six years OF
age and two-thirds of them are females.
They are not suitable" to be apprenticed;
but they have rights in common with the
other poor, against which the State does
not discriminate. The County Court
should make no appropriations for such orr
pbans as are suitable to be apprenticed, but
may make contracts with these asylums FOR
the support of all others.
The pOOr-hOuse is evidently an unit
asylum for orphan children. While the
| Legislature intended to maintain this class
of unfortunateS, it obviously did not in
tend TO cOngregate them in the poor
house,
But it is argued that the law intends
that orphans shall be apprenticed. What
ever may be the proper construction of the
act of the North Carolina Legislature Of
1852, it has certainly been the general un-
Outstanding since the act of 1925, that the
County Court has discretion as to whether
orphans shall be apprenticed or otherwise
provided for.
Il am, therefore," concludes Judge Bax-
ter ''of the opinion that the County Court
has jurisdiction to contract with those be.
neyolent institutions for the support of al
INDECENT orphans who are not suitable to
be apprenticed, and that it ought to en-
courage those institutions TO receive such
orphans. The warrants should issue to the
petitioners for the amounts appropriated to
them respectively"
1