The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-16
THE CHARITABLE INSTITUTIONS.

THE CHARITABLE INSTITUTIONS.
CORPORATION COUNSEL SMITH ON THE EFFECT
OF THE CONSTITUTIONAL AMENDMENTS ON THE
APPROPRIATIONS FOR CHARITABLE INsrrrU-
TIoNs FOR 1875.
me Counsel to the Corporation, f. DelaHeld
smith, In compliance with the requisition OF
the Comptroller, has given his opinion to that
oncla upon the effect OF the recent constitutional
amendments upon the action OF the Board or rs.
tlmate ana Apportlonment or the Gath December
1914 directing the payments OF moneys to certain
charitable institutions for the year 1875 and
reaches the following concusions:--
AMI IN constitutional amendments to article sections 10
tor The aid and support Of through any
the relief Of the des nr ny
BY exsns @
Be aeSe @ by law well as those which
the & ia tor the chart able
1Apposr Or. passed December a. ls14 were made
and sas soa 81 ased
by those amendments
The amendments which had given rise to the
doubt on the part OF the Comptroller as TO the
propriety OF continuing the payments thus d.
rected are contained In sections 10 and H. added
to article OF the constitution OF 1885, which are
as follows:-
sscr,or c-Neither the credit the money of the
Xxi r fhs asss.
oh sna Such bD G M the from
dumb and nSen ha de spSoet
S ss sRsE f Ss hsS
il.So county, ciiy. Village shall hereaf
ss so o IN aa any it,
% or become directly Indirectly the Of
@ S "
aGnr any mess except for county city, town
county city ewn or village from making provision
S5 aSs and or support OF its poor may be
After referring to the number ana character Of
the various institutions in the city, to which an
aggregate OF 1926, 905 has been appropriated for
the year 1875 in various sums. and to the general
method or construction and Interpretation OF con-
stitutional amendments, Mr.. Smith proceeds to
the calculation OF what he argues as the true
meaning and operation OF the section quoted.
the tenth section, while ~ prohibits any grant by
the legislation OF the credit or money OF the state
as loan or In ala OF any association. corpora
ton or private undertaking, IN order not to GRIP.
certain peculiar objects OF bounty. declares that
the pr0hiblton shall not prevent the Legislature
IRON making sucn provision to 1t may seem
proper for three special classes OF persons-.he
blind. the deal and dumb and u,enile dellnqpents.
by TINS clause certain exceptional objects are es.
taolished, TO hlcn the money credit OF the state
may be loaned or given, and this has an important
bearing upon the construction OF the eleventh Sec
ton relating to the powers Of counties, cities.
towns and VILLAGES. This latter section. while pro.
viding that no CITY county, town or village shall
section, establishes an exception to the PROPOSE.
ton. it beng declared that "thls section shall not
prevent any such county, city. town or village
from making such provision Tor the aid or support
Of Its poor as may be authorized by law.n Says
the COUNSEL
It's to be observed that the authorized provision is
not confined to the mere support" feeding cloth
out infants 5 der @
9f e the
81 .b esease Oh poaY or mind tor not only Is the
include relief from moral and physical evils Of all kinds
this phrase by put
which extends it to any kind OF relief that is authorized
This clause Mr.. Smith understands to refer not
only to such ala or support OF the poor as may be
ment, but also to the existing provisions of Jaw
which were IN operation at the time OF its adop.
may be authorized by law is prospective only in
IT'S operation; but the phrase is mere qualifying
SeSCrPon or limitation cs ion OF the KIND o. ala or
lied by law. The counsel then refers to the status
Of one Of the charitable institutions OF the city to
show that any other construction would lead to
consequences so grave as to render 1t necessary
That none of these Institutions having by law special
y t. se IN ala s Of The
30 excluded from the AID q municipal funds, is mani
ss tns ns ce% ON of
uons) by whom the amendments were proposed. Your
ss sth
opan 1y ah ha
other charitable institutions freely scattered over our
Ties the 6ommSn cS1nsiis Of ne qsrsnt cities
support the different eSses Of
Signed BY f ~ ssS Chairman
ANOTHER VIEW.
There another view Of this subject which conducts
1875 arc concerned ~ the city charter OF s75 The
certain time estimate "i the a a@oas al rs
city S o1 me
department. and branch thereof for the next ensuing
s sna re nna
%
as Ssa es to for sa
IN ;aS sns. S"s
The question IS then whether the supplying in.
Me q ~ S9
e g
&c ~ Ri,
Ia pov Es''h for city relief Fl On
~ Ss tafs = s. iS:S
eaeS
but one resulting clearly from their functions their
affair. e. i nyoysd n simplifying them with the
sy Ct e
have the estimate and appropriation made Tor them BY
the legislative action of he Board, II cut off from
this right by the ,c;enslitntonaI amendment. But
until January l. 1915, and the final action of the
Board was had on the oath Of December 1874. 1t was
estimate and appropriation for the Whole wear 1878
and not tor part fraction Of the year and in my
opinion. 1t stands unaffected by the constitutional
amendment, although am also of opinion that even ii
the amendment were applicable to 1t, it Is entirely
consistent with the purpose and text that amend.
ment. -
am therefore, of opinion that the payments contem.
plated by the appropriation OF December ~ 1874 the
year 1875 under the head of "Asyluns Reform tories
Ind Charitable In titutlons" must be made. am SIR
respectfully yours, "
f. DELAFIELD SMITH, Counsel to the Corporation.