The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-13
OUR NEEDY CHARITIES.
Comptroller Green's Refusal to
Pay Their Just Claims.
Meeting Of the Representatives of Charitable
Institutions Comptroller Waiting
for the Opinion of the Cor
pOratiOn Counsel.

the per capita allowance on the appropriation TO
which they consider themselves legally entitled,
was held yesterday afternoon at the office Of
Messrs Deven, Miller Trul No. us Broadway
Mr.. Erastus Brooks. representing the Nursery and
Chid's Hospital, presided. Among those present
were Mr.. Meyer Stern, President OF the Hebrew
Orphan Asylum Henry L. Hoguet, President OF
the Catholic Protectory; Mrs. s. NJ. Amber and
Mrs. James Bays, of the Female Guardian Society
and Home OF the Frlendless; Mr.. A. R wetmore.
OF rhe-Juvenlle Asylum; Mrs. L. N. Bates and Mrs.
Wilson M. Powell and Mrs. David Netmore, OF the
infant Asylum: Mr.. c. D. Adams OF the Juvenile
Asylum; Mr. Edgar s. Van Wrinkle, of the Nursery
and Child's Hospital; Rev. Edward Cowley, OF the
Chidren's Fold; Mr.. John E. Develin and b. Cas-
serly, OF the Catholic Protectory Augustus Schell,
OF the Asylum for the Blind; George W. Wingate,
OF three different societies, and Others
THE COMPTRoLLER's REFUSAL.
Mr.. Brooks opened the meeting with o state
ment or the object. for which 1t had assembled.
He said the Comptroller had refused to pay Ger.
tain moneys to which twenty three OF the chari-
table institutions Of the city were entitled, and
which had been appropriated In the usual way by
the Board of Apportionment. The COmptroller's
opinion on the legality OF these payments was
certainly peculiar and isolated one. and lie INF.
Br0Oks) knew that II was not concurred In by any
OF the other authorities at the City Hall who con-
troed the disbursinR q the municipal unds. The
Comptroller based his refusal on the tenth ana
eleventh sections Of the amended constitution
which forbade the paying or loaning Of money to
corporations or associations, but as member of
the Constitutional Convention he Nhe speaker)
was not aware that it had any such meaning and
he ielt sure that II the people had ever dreamed
Interpretation they would never have approved
them. Now, the object OF this gathering was to
talyn or nn1h vynI
the charities here represented, and Vt was for
them t0 say what this action was to be.
THE QUESTION YET OPEN.
He was glad to say that the Comptroller had not
gone lar as to declare that he would persist in
ms refusal IN the iace Of proper Legal adyIes and
legal advice he would take the course approved
by almost all the lawyers to whom thesques'lon
had been submitted-and among them were some
OF the most eminent members OF the Bar-and
satisfy these just claims. MIR. Brooks thought it
would be unfortunate II they would have to 90 to
Albany to ask the Legislature TO pass new law
for them, and That IN that case their common pur-
DO to take theft stand on the present law, which
applied to them before the constitutional amend
ments exactly as 1t did now.
not be wise to bring test case before the courts.
lie agreed with Mr.: Br oks that 1t wOu!d not be
the enactment OF a new law. He thought that If
OF the institutions were in the habit OF pre-
OF the Comptroller to pay such q bill for January
might be brought as test case before the courts.
Is A NEW LAW NECESSARY2
The objection was raised to this proposition that
the money Tor 1875 not being yet actually raised,
the Comptroller could not be compelled TO pay this
allowance TO this it replied that all the
moneys for 1875 were raised by revenue bonds, SO
that there ought to be no difficulty on That score.
Colonel Wingate thought a new law was neces-
sary 10 secure these moneys to the charitable in
stitutions. II they took their stand on the pres
Claims what was left or theIa to dor IL would be
better to get new law passed that would silence
all doubts US to the legality OF the payments This
n. IN 4 ha w n a nv EraO Kar.
nan, whom he had consulted on the subject.
Mr.. BROOKS Ielt convinced that tue second clause
provision Tor these payments. The clause was
read by Mr. Brooks, and provides that this section
from making sacn PROVISIONS for the aid and sup
port OF Its poor as may De authorized by law.
FRANCIS kERNAN'S OPINION.
Mr.. Devein said he had cOnverSed with the Hon.
Francis kerlan ON the subject, and had under
stood MIN to say that The constitutional amend.
Colonel Wingate replied that II such was the,
case MIR. Herman must have subsequently changed
his mind.
Mr.. Develin said this would be most peculiar, for
at the time the Constitutional Convention was In
session he showed Mr.. Herman that the very ex-
istencc Of these charitable Institutions depended
upon the absence or any provision IN the amend
ments That might be construedt TO forbid their per-
Mr.. Van Wmkle argued that 1t could not have
been the intention OF the trainers OF the constitu
laws on THIS subject when they declared, IN an adj
dltional clause, that the amendments should not
interfere with any provisions that might be en-
acted III the future.
GREEN WAITING FOR AN "OPINION."
Mr.. Deven said that It must be borne in mind
that the Comptroller had not positively refused to
pay the money, but that he had deferred his de.
cision until he had received the opinion OF the
Corporation Counsel. lie had seen the Corpora
ton Counsel about 1t and was told by him that
his opinion would positively be handed to the
Comptroller on Monday morning. lie would not
believe that the Comptroller, alter having put off
respectable gentlemen with the excuse that he
must wait Tor the opinion OF the Corporation Coun-
sci, would still persist In hts REFUSAL II TINS opinion
should be favorable one. which he hoped 1t would
be. However, lie had been told on high authority
that even If the Comptroller, acting upon that
opinion, would be willing to pay the money, some
men, under the leadership OF Mr. Dexter A. Haw-
kins, were preparing to take measures to prevent
his doing so.
Mr.. Hoguet asked whether the opinion OF the
Corporation Counsel would only embrace the ques-
ton OF legality, as viewed from the appropriation
OF the Supervisors for 1875 Ia that case they
would be IN exactly the same embarrassment q
year hence.
mir. DeveIn replied that Mr.. Smith had assured
him the opinion woud not rest upon that ground
alone, but dispose OF the whole question.
Messrs. Van Wrinkle, Hoguet, Brooks wetmore
Schell and Bates were then appointed to wait
upon the Comptroller on Tuesday morning to
learn his decision The meeting then adjourned