The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-12
TIE Law OF CHARITY.

The Action of the Legislature I'm Hefer-
ence to Our Charitable Institutions
Powers of Supervision and Inspection.
To THE EDITOR OF THE HERALD
There are large number OF the citizens Of this
metropolis who are profoundly interested In the
forthcoming action of our State Legislature, now
about entering upon its duties Tor the current
year. in reference to our charitable institutions.
As one OF these, and because such action may
affect for veal woe all OF the more prominent OF
such institutions in our city, venture to address
you some suggestions, for which, trust, you will
find space in your widely circulated joarnaI
Any one looking over our present statutes relat-
ing to charitable institutions will notice that many
changes injuriOusly Affecting the structure and
symmetry of our state law have been made during
the last ten or twelve years. These changes, gen.
orally occurring through special egisat06, some
placed the law in relation TO charities In such con-
dtiOn as to fairly DEFY cOdiication. Our legis-
lators seem to have been very accommodating,
and have passed every variety OF special bills at
the instance OF any party asking lor them In the
The genius OF our American law places all our
charitable institutions under the direct guardian
ship OF the Supreme Court, both as TO the tenure
and honest use OF their property and the proper
management OF their ordinary affairs. In the SD
preme Court inheres the functions OF over
inspectors of every charitable society, either
directly or by commissioners OF their own
To our ne % H 81 5s apG
law, mas been proved by long experience and is
obviously natural and right. The Supreme Court
is, locally speaking, the ultimate exponent OF legal
right and wrong, as substantially evolved from
our general Christian Jurisprudence. The judges
OF the Supreme Court are legally and by common
consent presumed to be men OF sound MIND, ex..
tended experience, learning and purity OF charac-
ter. They are necessarily and properly invested
with large discretionary powers, and the delicate
and sacred subject matter involved in the custody
and distribution OF the public aims belongs p,tnaa
Jdcie TO such men. whether acting with or without
ecclesiastical institutions. No statesman, there
the confusion and mischief arising from comforting
these high eleemOsynary functions upon another
and different class OF citizens, whether under the
name Of State boards or charity bureaus The
trustees Of charitable institutions generally men
OF standing and tried character, and the State
places them aud their institutions under the direct
supervision OF the Supreme Court, and lifts them
above the JeaOusies and rivalries that often creep
into illegal or outside agencies controlled by
qualified and inferior men. 1t Is therefore clearly
abnormal and utterly opposed to the spirit of our
laws to invest with judicial powers and preroga-
tives such can only be legitimately and properly
exercised by the Courts q board OF citizens, as
politicians, and who may be inexperienced parti.
san aud fanatcal. Our charities have heretofore
been placed above the scheming OF the politicians,
who VIGOROUSLY look solely TO their own advance
ment and profit, and those unsehshly Interested
In institutions Will have cause to rue the day
when they are dragged through the mire OF poll
tics
The Legislature should remand the entire juris-
detection over the charitable institutions to its
original and natural place as fixed by the law, and
let the clques, whether political or religious. and
the aspirants for position on charity boards or
bureaus attend to the business for which they are
fitted. II these institutions need inspection as
they often do, let the Supreme Court appoint the
inspectors as the law directs. and let action be
instituted in and through the proper courts, and
not through seli-appointed Juntas, seeking power
under the plea Of existing evils or pubic necessity
INDEX.