The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-05
Q H A R | t l E S.
Public Moneys and Private
Institutions.
The Constitutional Amendment
Expounded.
Laws DeyOting ices Pines and Penalties in Cities to
Charitable Uses Not Affected BY the Recent
Acknowledgements Opinion Of the
Corporation Counsel Of Brooklyn.


The folio wing important opinion as to the scope
ana eject q tue constitutional amendment 10
regard 10 the payment or public moneys TO private
Institutions was sent On saturday, by Corporation
Counsel DE Witt, or Brooklyn, 10 the Comptroller
OF that city. IL is understood 10 be the nrst
onicial opinion on the subect:--
Mr. s. s. POWELL Conp, roicr Of the city OF Brooklyn
sIk--ln answer 10 your question pTopounded 70 ne
inebriatts' tiome Tor Eiass county is on BY me
recent amenamept 70 ths eonstuion ron tne receipt
loxicatou heretofore gong thar institution by
j have the honor Is submit tic following opinion =
.esoa. See @ If see 81 me consume Sl
ton one secsor provides tEst neither ne cfedit nor
40 u @as association eor9tation or private under
village shan hereafter give any money or property.
Or loan - money VI credit 70 q IN ala o. any ma,
sidnai association or corp grafton" me language q
tnese TWO PROVISIONS plAniy anu unequivocaly m
nhihaot Thar Charitable corporations were intcnied
e the alst section q mo sms9sdment mat
ture from making such PROVISION for me
oeai ana duua6 and layene deinqucnts a. to it may
proper which, according 70 the ma Kim ETPss-
Legislature only suea charitable institutions as are
shown Is the provso the second section that this
section shall not prevent such county city town Or WI
ol the poor Is may be AUTHORIZED by law 80. -.
q arnabie corporation and az such clearly WITHIN th9
e tha the Lesisatnre Of Inc State since the
Adoption OF the amendment Is
TO give away the money q ered q the state to any any
no cry IN ne state has me power 10 gave It's money or
11 Sui tie esis ure in the exercise OF ta then
unquestoned power N me act organizing tne lneorl
That twelve PEE cent OF the tor licenses collected
under the Excise laws and all the nes Tor ntoxcauon
with some alteration as 20 character o. lcenAes com
was re-enacted The May, 1872, which
seded the organic act ana the acts amendatory here9
IN 50 lar s suca provision concerned The act u ls2
SECTION 1.-The Commissioners Of Excise In and for
the city q srooSn shan pay to the TT q the
licences granted ny them 10 persons carrying on ousi
~aEc- All fines hereafter collected for ntoxeaton
and all violations OF the Excise law IN the city Of Brook
lyn shRll be paid TO the treasurer OF the lnebri
ates Home Tor kngs county in the manner hereinafter
d the city Of Brooklyn and the police and
pay the Treasurer OF said Home monthly
al moneys received hy them for iatoxleadonn &c
Here, therefore, preliminary question arises Con-
ceding Tor the present that the money directed 10 be
1871 anu me present operating statute Of is7s was me
nr,nr ~ y IN, Van ~ ne smendmsnts
and At tune when the LEGISLATURE unaues;onably pos.
the money Of the STATE 70 suea institutions, did such
on the Instant Of it, alopon aIaa their provisions
In other words. does The eonsututional amendment
my corporation a6rosate statute passed prior 70 rs
sruing the support a charitable associauons
Now that there was such dedication Of the
.lear that any subsequent legislation can repeal snch
60, Y sgEsHoyy or VESTED IsTrEzsIs 10.
,bs n.nna ~ ~ ue a her
can. BY the adoption o. an amendment TO the iunda-
the creatures o. that fundamental law lie con-
stitution Is the pree law Of the state Amendments
thereto upon their adoption, become a part thereof
Lonsuuton article Z section y In 50 FAR as an act Of
OF an amendment 10 the constitution with which II =
n s1ch act is execatory, Il stands IN the same
attitude toward the amendment as though the Leglsla
The fifteenth amendment to the constitution Of the
st.tution repeal our state laws % carry 4 into
e sha 81 Ss yspT sI m o
1lct with rs terms null ana void As further answer
seventeenth sectioa Of rst article 81 the
laws snowa4I = at the me o. its adoption~in force,
are repusaant to This constitution are hereby abro
adoption. became "a part 81 the constitution" being
well se r9 rule 81 n s h a Whole nru
should be considered inclined 70 tire opinion
language the amendment the abrogation provided
to amendment force the time is adoption,
the WORD new n such secISn being faysaeee 70 me
act Of Nay 4 s14 gives 70 the Inc briates Home any
are repugnanr % t9s constitution q the state % now
Tosrd-But the moneys given BY that act,
THE MONEYS OF TIA srIrE,
consist of-TiTst money paid by the ns OF he
sy e. The privilege % gns on snas o.
the ocers the city police magistfacy violation 81
the 81 the committed in city. II Is de-
81 S TUE NE se as q mat 3 @odess - eoectsa
tor licenses shall be for the benefit Of the city, except
Iieense ar and anesS 'e eontass pornon q The
The .ommGn Council Ras the power e regulate ana
reguations within the civ te on ehsrteT section
= sqoeysons q Z, Z i; also title n sections 500:
aud duties as the various boards q tommssoners u
the act q April III s71 FOR resuiatng the sale Of intoxi
eating liquors anu BY hat act the moneys collected Tor
ury q me Is, ely snar'eT lite ~ section -
imposed by the, police Justices and Justices
Of its ordnaSces ae 10 81 charter sections 10 ana ~
and Az penalties prescribed BY Ne Charter act or BY
ury d lie CITY Same titie, section j.
duty Of The neads OF the several Department. all JUS
tees Of the peace police Justices and ether officers Of the
them received belonging 70 the city
Go s 4s & e ns a m y p si as
home would y pot 9 diverted fow Into the city treas
the tate. how, then, can they be said % DO state
Tax soUscEs o. SUCH REVENUE
are opened ~ by the Legislature q the state and that
regulated " state Il that the moneys
sontro q ,hs state ana mishi os tonSTTow
iso yne ~ AZ ne oity tf.e = ereature II he state
and All Us powers q police regulations Of granting
state ana SUBJECT 2 4, REVISION and consequently IN
certain and uudenneu sense n0ueyt may
SAID to be the moneys " the state 20 In the same
vague. nndehneu sense all moneys howin2 into the re-
gpective treasures the several countless towns,
villages well cities Of the state. may be
said 10 be the moneys OF The state But that TINS annot
be the In which the trainers 81 the amendne
under consideration, or the Legislatures who passed II
the adopted II used the phrase "a per.
1ecuy apparent first from tie Amendments Itself, and
second. ron The absurd c0nsequeOoes which would re-
suit from any such lnirrp re- alton. .
fnn-in the very b1ulent ttnru dGtlncuon -
drawn between he 81 tbs STATE and me money
81 city, couuty town VILLAGE. The fret sec don
1nnoits the giving away II the tocy 81 the state The
second section prohleits Gil from giving away ~
money. II al moneys lowing into citys treas
ury all revenue acrrnlng IN any way %
city, were in.ahdea a. be embraced within the
provision OF language money IA and
The fret of ths amendment because Of the tact
that such moneys aLl revenue were created by the
stas and subject y u eonroi tbore en was no eces-