New-York tribune., 1877-05-04
THE COURTS.
BOARD OF STATE CHARITIES.
re povrps IN INVESTIGATIONS.

Cbief-Justice DAILY, in Common Pleas, cpeciai
Term filed yesterday his decision on the mouoh Ill 'ne
suit Of the Juvenile Guardian society asanS
Theodore Roosevelt and others The deIehdants' "S
Commissioners the State Board OF Charities maue an
examination of the society and drew conclusions very
unfayorable to its management and TO It's manager ~
f. Robertson which were embodied in report 10 tbe
hoard Thereupon this suit brought to restrain the
publication Of the report declare that the State Board
of Charities had visaOral powers over the society,"
as 1t was not now in receipt OF public moneys Tor II
the board had such powers, that 1t must pro
ceed after notice OF charges to the society, and
allow it 10 be represented by counseD. and to
declare that two OF the defendants not proper mem
bers OF the State Board, being connected with other
charitable institutions temporary injunction against
publishing hbeous matter was granted, ana the case
came up for argument before ChiefJustice Daly VINO
then expressed his impression that the action ooud not
be maintained for any Of its Objects but on the request
Of plaintiffs counsel adjourned the decision 10 ehaoe
counsel TO put in another brief
In his opinion the Chief-Justice says that he merely
puts in more deliberate form ms opinion on the alE
men the brief not having changed his Vle"s' Cn"no
lor Walworth many years ago decided thal ooui'O vi
equity had no Jurisdiction to RESTRAIN tne pupncauono Vi
pamphlet literary work on the grouhu 'h"' ito Pu0
Ucatiou vould be Iibelous. That would be infringing
unop the liberty Of the press and attempting to exercise
mower OF preventive justice, which the LesslauIe haS
decided cannot he safely ntrnsed 10 any upuh C1h %
TnVlish courts though ~ one time leaning 10 e dSa
mai such an Injunction might bO granted Wheie inc pup
Ir,tou would be injurious 10 property, nad now SUI
stanti1lly adopted the rule LAID down by Chancellor
WaIwortb THIS part of the prayer therefore, must DC
Gcnrd Justice DAILY then briefly rcceS the aver
nnt of the COMPLAINT aud holds that even ~ the report
,ere hheIous the could not restrain the puOca
tnn but those injured must seek theH remedy ~ C1n
action or criminal indictment, the Constitution allowing
a,.rr citizen rrrcy 10 speak write. and publish his
seutimcnts ON oil subjects, being Responsible iof 1ho
abuse such right. - a.. ,,.or5 o,
Passing 20 the yisatoira power OF the state oIu OF
Charities ChieJustice DAILY holds that IL e1tehus not
only 70 those eOcietes receiving ald from tho PuOiC
f,s ut To all charitable, OleemOsyulTy, cOfftcHona'
ar renrInlory institutions and includes me pHh'
snrety which was organized under tue act oil 1919 lu
rue Of beneN OCut. charitable, Ahu mSHlol
ar, soccfirs The Board has Iul power ~ az
ipsfrction government manJg nen cOhhh'I oI l,s Vn
property, anu ;i!O ihei ~
tqiting and management A. 10 WLttt
tbD,c Il nm eligible 70 Itlf ONCE ln"' Can
cn. br tri al by ouo warrautO not In tins acton. -
The state Board not bound 10 give hOicto oi ls
tuu a the society," or 10 make 5icchc cHdI-t' DtIuJ ia
y,ti .,tine nor 20 conduct the Investigation III pupcl
nor f allow the society be represented by colse4 anu
cro-s-rxlulnc aud present witnesses III i l's
f.u-r Tho ll,atorIa inquiry Is not analogous go .N
action or prolatdiug a criminal trdl. IL cahh't r.
ul. iu ANY Judgment Hcutuc.. All the power OF tne
iotfs i, after completing TIE lhNtsil-loh 70
eubpoy tie result u report u tut lt-l'' tily VI "
make spccal report 90 the Attorney -Gti'I' WIN VI
h.couits his duty take sucn proceedings as ne may
t,t,k n.c,,,r, aud pruper IL 8, simply preliminary
ino 10 a.S sc the Lc- stature ana the Attorney ueAe-
mi 'I. T., thr condition OF the institution visited
Tine motion luf injunction 10 denied anu lhe pie
mary luIuuCtiUI vacated.