Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-04-04
CHARITIES FALL NEXT.

Attorney Rodgers Says the Allegheny Poor
Board Is Not Abolished by the Trans
ition-WiH Fight Barton Grubbs on
Monday-Pittsburg in the Same Boat.
The Departments of Charities are now in
almost as bad shape as the street laws. The
Allegheny Poor Board does not want to give
up, and w. B. Rodgers yesterday sub
mitted an opinion to the board which says
its powers are not taken away and given to
the Department of Charities. Another
meeting of the Allegheny Poor Guardians
will be held on Monday, and it is expected
that there will be clash between the board
and Chief Grubbs. The opinion of Mr..
Rodgers is as follows:
To the Directors of the Poor of Allegheny City:
l have examined the subject upon which you
have asked my opinion. namely: AS to the posi-.
ton of your board in view of the ordinance
abolishing it and transferring its duties TO the
Department OF Charities.
The question arises under the act of 1857 for
government of cities of the second class This
act may. so far as this question is concerned, be
divided into two parts.
First-The third, fourth, fifth and sixth Sec
tions provide for certain departments incIud-
ing one to be known as the Department of
Charities, and authorizes Councils TO transfer
the executive powers and duties of the several
ments, and therefore all departments and
offices now existing shall be abolished, and the
powers and duties of the officers, departments
and boards now existing shall be the power
and duty OF the proper department organized
under the act.
Second-The twelfth section gives the
city the power to provide by ordi-
ment of the poor, and the seventeenth sec
tiOn gives to the Department of Charities the
care. management. administration. and super
vision of the charities and almshouses, the ex-
penses of which are paid out of the city
treasury.
AS to the first part of this act as at present
constituted, your board has certain powers and
duties regards the care, relief and employ
ment OF the poor under the general laws of the
State. Those powers and duties cannot be
transferred to the Department of Charities, in
the manner provided, in the part Of the act
under consideration, and, therefore, l think,
for the performance of these general duties
and the exercises of the general provisions,
your board remains in the same existence and
has not been legally abolished.
AS to the second part of this act do not
think that the twelfth section, which gives
Councils the right to provide for the relief and
employment of the Door takes away any power
which you now hold by law. In relation to the
seventeenth section there is more doubt. This
section gives in Affirmative terms the care,
management administration and supervision
of the charities and almshouses. the expenses
of which are paid out of the City Treasury.
This raises the question as to whether the caro-
and control of the Poor Farm remains with
you or is transferred TO the Departm mt of
Charities. l think, however that the Depart
ment has no power to interfere with you in the
control of the Poor Farm.
arrived at this decision after a careful ex-
animation of the act of 1857 and the recent
opinions of Supreme Court thereon. and if you
think it desirable will hereafter give my rea.
sons in greater detail. W. b. RODGERS.
APRILS
No action was taken by the board on this
paper, it being merely received and FLED.