Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-02-24
THE I" HOME"

THE "HOME.''
1t Must Admit ColOred Children or (;ee Nm
Appropriation from the County.
On Monday afternoon Paul Gerhart,
esq, acting solicitor for the Home fer
Friendless Children, presented the petition
of the board OF trustees, asking for the an
nual appropriation to that institution. On
January % the board of trustees, having
submitted to the court for their decision
the question as to whether or not colored
children could be admitted to the Home,
Judge Livingston this afternoon filed the
following opinion Of the court in answer
to the petition of the trustees. Judge
Livingston, in his opinion, refers to
the charter of the Home which provides
THAT white children under 12 years Ofage
shall be admitted to the Home in the man.
her therein indicated, in the discretion of
the managers and trustees;" and to the
act OF April II, 1915, authorizing and reg
ulating the making of local appropriations
to schools commonly known rs homes for
friendless children which latter act has
been accepted by the Lancaster home and
under which it has drawn it's appropria-
alton from the county treasury and again
asks for it.
From the provisions OF this act it is
plain, in Judge Livingston's opinion, THAT
when any such school or institution has
accepted the provisions OF this act and has
sufficient building capacity, the manage
ment thereof shall admit to the benefits of
any such school or institution, any .triendless.
destitute or ragrant child recommended for
admission by the board Of school directors
of the school district in which such child
may reside or be found, or by the
directors cf the poor of any county
i'll which such school or institution is lOcat-
ed, guardians of the poor, overseers of
the poor or poor directors, as the case
may be, of any city or district included
III said county in case ANY CHILD is re-
fused admission, the said court of COM
mon pleas, on complaint made thereto by
any person, after due and legal proof of
such refusal shall enjoin the payment of
moneys out of the county funds as author
lied by this act, provided, however, that
no child shall be admitted under the age
of four years, nor above the age of six
teen.
"Thc provisions of the act of 1873 when
accepted by the Home for Friendless Chill
dren removed entirely the color line con-
tanned in its charter, and the management
of this institution will be required to admit
to all it's benefits any yfriendless, destitute or
ragrant child recommended by any of the
parties named in the act, and the proper
age for admission in the order of their
presentation without distinction or prefer
ence in regard to race, sex or color, SO
long as there is sufficient building capacity,
and whenever there is in the buiIdin.
sufficient room or space to accommodate
the applicant. Such is the plain provision
of the law.
''And, inasmuch as a portion OF the grand
jury have reported to the court that the
management of this institution has made
distinction between children applying for
admission, and in view of the facts set forth
in the petition and submitted to the court,
it will be necessary for those having control
of the Home to decide and inform the court
before the next appropriation is made
whether or not they will hereafter admit
to the benefits of said home for friendIess
children any friendless, destitute or vasrant
child i'll accordance with the provisions of
the act of 1875, hereinbefOre referred to,
without preference or distinction as to sex,
race or color"