The New York herald., 1877-05-04
THE COURTS.
Decision in the Juvenile Guardian
Society's Injunction Suit.
THE CHARITY BOARDS VISITORIAL POWER.
ludge Donohue Grants Stay of Pro-
ceedings in John Days Case.
CONFUSION ABOUT THE NEW CODE.

Chief Justice Daily, yesterday, rendered very
elaborate and lengthy opinion In tho of the New
York Juvenile and Guardian Society against Theodore
Roosevelt and Others members OF the State Board of
Charities, which argued before him some time
ago. The Society, a will DO remembered, sought to
restrain the defendants from publishing In the news
papers alleged garblcd statements OF their invcstga-
tion into its AFFAIRS which IL was also claimed
authorized and illegal. 1t was further claimed that
the publications OF these statements hbcllous
and aseuch proper subject for the restraining power
OF Court OF Equity.
The Chief Justice In his opinion says that it was
decided In Brardreth VS.. Lance S Paige, "a. that
court OF equity has jurisdiction restrain the pub
lcation OF pamphlet literary work upon the
ground that its publication would be beous, Tor the
that would be infringement the liberty
OF the press and preventive to justice, which the
Legislature has decided cannot bc safely entrusted
any tribunal consistently with the principles OF
government II appears from the allidavits that the
Investigations conducted by the defendants have been
attended by reporters OF the public press and that the
publications. which have appeared are OF such proceed
ings as were taken down by the reporters and pub
this with the defendants assent and that the
publications defamatory and libelous they cannot
remedy ~ Opu civil action a'a or rn' pp proper m
dictment, its restraint by this court being
unconstitutional This also applies to the temporary
Injunction The plaintiff also asks that tho ccicnuants
be enjoncd from carrying on the Investigations or, II
that Denied that they DO restrained from conducting
except In the manner pointed out In the complaint.
The plaintiffs deny that the Board has any VISIT
sral or other power over thcm " they have, that
hey can only in open and public examinations
with right to the society to appear and defend. The
Judge saysthat the vsitoria power very extensive
Ind their duties IN connection herewith extends
any charitable eieemosynary correctional or reforma-
tory institution OF this State except prisons whether
receiving State aid or maintained by municipalities
otherwise. This cmoraccs the plaintiff II is claimed
that all Of these defendants were as tho time
of their appointment Commissioners officers or
Inpe nVnrt tVb btnh
The State Board OF Charities exercise tho powers
erred to- and could not, therefore, bc appointed Com
missioners exercise any oil tho powers pertaining
that Office under the which declares that no trustee
other officer OF any of the institutions embraced In
the act shall be eligible to the Office OF Commissioner
under IT. This. says Judge Daily, ''is not matter
which bo inquired into equitable action like
This If the defendants were not eligible to the Office
pl Commissioners when appointed by the Governor,
duties OF such Office, the remedy is by quo war;
rarto the mode provided by law for investigating by
what authority, II any, person exercises the powers
and duties oil pubic Office So far therefore the
equitable aid Of the Court asked the defend
ants upon this ground IRON assuming to exercise any
vistosal power over the Juvenile Guardian Society
the application must be denied" The other propOsi
ton, that the investigation must be public and the
ciety allowed to appear and crossexamIne Witnesses is
equally untenable. This visoral power Is IN
analogous 10 civil action, as 1t does not and cannot
result In any Judgment or sentence affecting person
property All the Commissioners have to do is to re-
port the result of their investigation tho Attorney
General, and ne takes such steps under the CIR
cumstanc,s 1t is his duty to take II Is, in
fact, but initial proceeding. The manifest
intent this watch over and protect these
charitable institutions, and to detect and prevent the
cover OF charity being used for private cmoument
Institutions properly conducted have nothing to
fear from these sudden visitatons, and TO surround
these vstatons with all the safeguards OF other legal
full tgation. The statute has not declared
how a visitation shall be conducted, and consequently
leaves the method to the discretion of the Commis-
soners Tho Judge, therefore, denies the application
for an injunction.