Morning journal and courier., 1888-05-30
AN RnpnAr1o ANswER.

The Town VIII Not Take Care of
Tramps and>Vagrants-The Board or
Selectmen Refute the orders of the
Police Commissioners and Say That
she. Power OF she Latter Ends With
Their Orders-Hon. G. R. IRgerSolrs
OpinIon-LegaI Responsibilities for
Both Town and CITY.
At a recent meeting of the police commits
sioners an order was passed directing the po-
lice officials not to receive tramps or Migrants
after June 1. It was claimed that that duty
should deYolYe on the town. The board of
selectmen have just made an answer to the
order and they say it is not the duty of the
| town to care for them. Here is the order of
the police commissioners:
Your committee to whom was referred
| matters relating to the occupancy of the lock-
up by paupers, tramps, and other poor aud
1 transient persons, and particularly the over
| crowded condition of the prisoners quarters
| at the precinct, beg leave to report. That
| having given the subject attention, and after
| due consideration, they find that the care of
| the persons described is entirely inconsistent
| with the legitimate business and duties of
| the police department; that it renders more
| and more difficult. the proper care and safe
keeping of those under arrest; and also on
l
| gering the health of those who are wrongly
| compelled to associate with them.
| In the absence of any facilities for compel
| ling those who have determined to live with
! out work to earn their lodging and food, we
| believe the present method will only serve
1 to perpetuate and increase the evil for the
1 time to come.
/ In view of these facts, and that upon the
town of New Haven, through its board Of se-
lectmen, is unquestionably imposed the
proper care of the persons described, we re-
commend the adoption of the following
orders:
ordered-That the chief of police and other Off
GERS of the police force be and they hereby di
rected not to receive after June 1, 1855 any pau
pers, tramps or other poor persons who have COM
ordered-That the clerk Of the board Of police
commissioners communicative the selectmen OF the
| town Of New Haven copy of this report, andof
| CHARLES L. BALDWIN,
| P. GALLAGHER:
| Board of Police Commissioners, May l. 1888.
Bernard j. STANLEY, Clerk of the Board Of Police
| Commissioners
The board of eelectmen made answer last
night and quoted an opinion from Hon. G. R.
| Inperson to show that both the city and town
have legal responsibilities in the matter. The
following is the answer:
OFFICE OF THE BOARD OF SELEcTMEN,
| NEW HAVEN, Conn, May 20, 1888.
To the Honorable Board of Police Commis-
| sioners:
By a recent communication over the sigma
ture of the clerk of your board notice is
| served upon the selectmen of the town that
on May 1st your board formally adopted and
entered upon record the following "orders:"
l. That the chief of police and other officers of
the police force be and they hereby directed not
l to receive after June list, 1888, as dodgers any
panpeFs, tramp f other poor persons VINO have
2. That the clerk Of the board Of police commits
ksioners communicate to the seiectmen of the town
of New Haven copy of this report ard of our action
in reference to the same.
| The regular weekly meeting of the board
of selectmen to which your communication
| was presented after discussion and careful
| consideration referred the matter to the
| undersigned as a committee with full power
| to act for the board in the premises.
This committee at once sought confer
ence with a committee of your board on
| whose recommendation your action had been
taken, with a view to fuller understanding
of the matter than the very briefly expressed
| ''orders" of your board afforded; but that
| conference disclosed the fact that the power
of your committee ended with the adoption
| of the torders" it had recommended; but
J | those orders must be considered peremptory
: and final; and that from and after June LIST
the entire responsibility of caring for
| Cramps" and "vagrsnts," as the class is
| more fully defined in the report upon which
| your "orders" are based, "those who have
!: determined to live without work." will de,
| volve upon the town.
With due respect for your honorable board
we have to announce that the board of Sc
lectmen, acting for the town, will not as
! sumo the responsibility of disciplining as
| above given applies.
The reasons which compel us to this de-
cision are, briefly stated, as follows:
The class of persons who are properly de-
| nominated 'Etramps" are, prima facie, sub
| jects of police supervision under the existing
laws of the State, and it is plain contradic-
ton of terms to speak of this class as Ftper-
| sons who have committed no offense." Their
very occupation is itself ofense against
statute law, and by the terms of the city
charter all jurisdiction over persons of that
class is expressly denied to the town authori-
ties and conferred upon the city.
| Section " of the city charter, in defining
the jurisdiction of the City court, provides
that fSaid court shall have and exercise
within the town of New Haven all the iuris-
diction, authority and powers which justices
| of the peace in the several towns of this
| State have and exercise or shall hereafter by
law have and exercise in all matters of a
| criminal nature, and shall have jurisdiction
| and cognizance of all crimes and misdemean-
ors committed within said town or city"
| We cannot think that your honorable board
had this provision of your city charter in
| mind when you placed upon record the asser-
ton that "upon the town of New Haven is
| unquestionably imposed the proper care OF
| the persons described, )" to wit, ''trams" and
Migrants" or, to further quote the precise
| language of the report of your committee,
"those who have determined to live without
| work"
We submit that, in face of the charter pro
| vision and existing statute law, the town OF
| New Haven has no legal right, even If it has
| the desire, to assume any jurisdiction over OF
responsibility for the class of persons which
| the law of the State denominates cramps
| and which your committee specifies as "those
| persons who have determined to live without
| work" We also submit that the town is nc
/ more responsible for the lack of facilities on
the part of the city for taking care of the
steadily increasing army of cramps" than IL
is for the long continued neglect of the city
authorities to apply to the tramp evil" the
ample remedy provided by statute law, a neg
lect which, In the opinion of the board OF
selectmen, by securing for New Haven q
| widely extended reputation as "the paradise
| of tramps" has increased many fold the pre-
else evil which your ''ordera" would transfer
to the town.
We admit, and never have denied, that q
small percentage of the class of people des-
ignated in your "orders" and in the report
of your committee are justly referable to the
| town authorities for such aid as they may re-
quire These are the destitute and transient
persons who are sick and the deserving poor.
We acknowledge responsibility on the part
of the town in all cases which can fairly be in
cluded in this class, and in conceding this
we have always believed, and still believe, we
| go to the full extent of the authority remain
} ing with the town or its agents in the prem
| Uses.
No punitive or disciplinary jurisdiction
is left to the town, its authorities Of the
peace or its agents. The only jurisdiction
left to the town or its board of selectmen or
its duly accredited agents over the class of
people described and designated in the cor
ders' of your board is that of dispenser of pub
lie charity to sick or destitute and worthy
applicants. Applicants with able bodies,
prima facie criminals, the town authorities
have nothing to do with.
| AS an evidence that we have not hastily or
unadvisedly arrived at the conclusions we
here announce, we ask your attention to the
following true copy of written opinion by
bon. Charles R Ingersoll. who. at the re-