New-York tribune., 1875-02-16
CITY AID TO CHARITIES.

OPINION OF THE CORPORATION COUN; FL CONCERN
ING APPROPRIATIONS To CERTAIN INSTITUTIONS.
Corporation Counsel Smith has written an
opinion in answer to the rcqsiton OF the Controller In
regard to the payment Of the appropriations TO char
liable Institutions for this year made by resolution OF
the Board OF Estimate aud Apportionment on Dec. a.
1874 He claims that the Constitutional Amendments do
prohibit the city from making provision for the AID
and support of the poor through agencies or nsru
ments heretofore created sanctioned by legislative
act for the relief Of the destitute Following are the
most important parts Of his opinion:
The constitutional amendments which have given rise
Sonts to certain Charitable inst tn;ions in tits city
directed to be made for the 1876 by resolution OF
"a 1874 contained tho following sections added to
Article 8 Of The Constitution OF 1916:
SEC 10 Neither tie credit the of the State shall be Gyea
IN AID Of association corporation. private der
Ss ,1s & s M the S % n' d e Snd @ Se
deaf dnnb and ilvenie Gsnqsenis 10 may seem poIe o
Be- seG b BE sta:s for cduasaoaai pprS1scs
sEc H. No eOunty yss ,hal hereafter y. s9y
vdua on cooperation become Directly inifeetlY
any, @ IN & ieS % .e
tb mol prevent eGl city, oss village making
provision for the aid support Of its be authorized BY law
"a 1874 1t appears that thee are twenty insti-
uons III TINS city incorporated OF CrgaDlzed under spe
cal general laws classed under the general head
of "AsylCms, RefOrnatOries, and Charitable Instu-
tons" to winch aggregate Oi S2j@j has been appo-
prated for the year 1916, in various sum- T1ese llt
tutioBs bearing various names, aud having various OH
octs OF relief Cf different classes o. n!iyIus are all
law for the relief OF the destitute
has been neld by the sLTeme Court Of the United
States that perpetual exemption from taxation Ot tho
property OF charitable Institution or an Institution OF
learning, graEied BY the Legislature III aid OF tho oD
which 10 forever binding Oh ne STATE so oug as tie cor
pOration applies Its property 10 the chaitered use
lHome OF the FreDdess agt Rouse Waliaces H., so;
Washington Unversity aet. Rouse, lOd, zS9D Upon the
priucIpIe OF these DECISIONS grant 10 critdUe cor
right certain tax levied FOX its benefit Lus. he
regarded contract, the Obligation OF wbieh the
FORE in TesCvd OF these institutions which, at
the tms Of the adoption OF tins anendmcnt, neid
perpetual right granted by the Legislature, ~ nave
a cCItan levied and paid over in aid OF their obj cs,
than tho amendment 10 DOT to be construed as haYlg
repealed abrOeated that rsnt DeeaI Ise such tpeal or
Witch cannot be done by the State either through a
am farther of opinion tnat any Of these Institutions
which, the time of the adoption or TINS ntGnt0nal
pupIic funds whether by levy special other
wise are within the saving OF the amendment means
support OF tie poor Aud further OF Opin0u that
II iere are any Of those institutions Eich, not having
right to Do supplied with tue puiic funds. yet
established by la" loF no relief OF the destitute IT'S
s;l competent TO The city 10 make 10 them suh grants
IN aid their charitable Ogec!s as the proper govern
ing authorities of tao c.ty map see TIT. ...,
There Ii another vicw OF this sabject which conducts
to tho c0nei asion 50 iar as the Appropriations toF
1915 concerned. BY the CRY Charter OF ISij the
certain time to make an estimate OF ic amounts re-
quired 10 paw the expenses of conducting Inc puOle
6usuess OF the City ana County Of New-IoTk, ia each
department and branch thereof Tor the be3t ensuing
nanoia year" WIen the estimate becOm hnai. TIE
several sums embraced it become and apprO-
prated TO the several purposes ana
named" ThcSe provisions OF the Charter arc 10 q GER
tain extent delegation ol legislative power Tor While
il Is not competent for tho Board ~ create new su cts
or oneots OF IL Is devoveu upon the
TO determine and appropriate ihe aincunt- re4arei
for public business OF the e,ty ana County IN cach
department and branch thereof Tie question Is tEcn.
WIN
public funds OF 100 city IS ptrt or Tue pub
lo business OF the city aud county III any depart
men,. ur branch" thoreOi} 1t has already Been sCcn
n rurrect view character OF these institutions
has been taken, that they ae private OraOns or
associations, endowed by law with the power oI rclleV
iug various wants OF destitute PERSONS ana orGanze!
by law this special puip pose. lhcJ salU hci'lort
as great deal OF pubic michintIy Whcn
the clty or county would have to provide Tor INC
relief or human suffering or leave II Wholly Hnpr6Hlded
for While they are, respect 10 ther legal POSITION
and rights private corporations, or associations, thcy
perform to q certain extent public fuhcton ANA 10
seems 10 me 10 faBciful ana aimed construction,
but one resulting clearly from thelr functions ana tnef
relations TO pubic objects, regard so much OF their
affairs involved IN supplying them Win tIo au on
municipal funds. as part o. S sIg rappcaas pn.io
They were, then, entitled 10 nave the estimate
and appropriation made for them Dy tho legisia'ivc
action OF the BUard II not cut on from his IsAt Dy M
constitutional amendment. Bat 1he hinenGtneut 1li
not come into operation until JAN 1875, ana the nha
action of the Board was had on the Z4h or Decempe
1874 1t was an estimate and appropriation for tne
whole wear 1875 part or fraction OF the
wear and, IN my opinion II SANDS unGlected py Ihe
constitutional amendment, although ala also OF op
ion that II The amendment were Applc 10 II,
il entirely consstent Win inc purpose anu 'o A'
OF that amendment.
am therefore, of opinion that the payments contem-
plated by the appropriation of Dec "a 1874 or Tue year
1875 pnder tho heal of "Asylums eiormaories, aud
Charitable Institutions" must he mace.
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