The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-06
A Committee to Consider Asso.
ciated Charities.
HEcITYs POWERS RESTRICTED
Opinion by Judge Jacobs-Work al
German Aid society-Defense OF
Ladies' Relief Society.

don by Rev. d. c. Garrett and Rev 3 Alon,o
Bright; the Chamber of Commerce by Jacob
Furth, John Leary, Jerome Catlin, Thomas w
Prosch and A. H. Dawson; the Ladies' Aid So
ciety by Mrs W. Z Boone, Mrs. Humphrey, Mrs.
esnderson, Mrs. Fulton, Mrs. King and Mrs.
Proseh.
Alter Mayor Hall had been called to the chat,
NJ. Garrett gave an outline of the plan of action
Of the proposed organization. 1t was To bav.
the different bodies dispensing charity to act in
concert, and so syssematixe matters 80 that
there viii be no interference or overlapping of
the work Oh one with that OF another His idea
was TO appoint governing board OF ten. with
two members from the city government. the
county commissioners, the Ladies' Aid Society
the Chamber of Commerce and the Ministerial
Association, respectively. This governing board
should direct the distribution of the work with
the assistance OF paid agent, who would keen
srecord of ell cases and personally investigate
the facts in each instance
Rev. 8. A. Bright said that this method was be
ing successfully carried on in nearly every large
city In the United States and that il had been
proven the only way in which 20 dispense char
ity TO the deserving and in detecting the tricks
OF the uDdeserving. 1t was the best way of rid
ding the town of tramps and dead beats.
W. ". Rinehart produced and read an opinion
irom Corporation Counsel Jacobs pointing out
where the responsibility of caring for the poor
corporations. The opinion was as follows:
Hon George W. Hall, Mayor of the Civ NJ
eeattlemDedr Sir: / have considered the cues
zion, "Who shall support the poor nhabiting
wtnin tne city nmltsY which you submitted
to me for my opinion and the following Is the
result OF my researches and my conclusions de-
rived from them:
BY section 1850 of the code of 1881. "the board
Of county commissioners of the several counties
Of this state are vested with the entire superin-
tendence OF the poor OF their respective counties
except when otherwise provided by law
BY section 2,696 OF said code the entire and ex-
elusiye superintendence of such poor is vested
In the board of county commissioners; "pro-
vlded, that this section shall not be construed
having by its charter any of the powers enumer-
afed in said section"
Section 1857 enumerates certain relatives of
Poor ana infrm persons. idiots and lunatics,
1ho, II able, shall support them; and section
2oS directs the order in which such relatives
shall be called upon for such support
"neh there shail be no relatives of such poor
peuons IN this state or none of sufficient ability
70 maintain such pauper, or shall fail or refuse
20 10 90, section 1863 provides that such paupers
shall receive such relief as the may REQ rire
out OF the county treasury, and the county COM
mssioners may contract for the necessary main
tehahce oil the poor, or appoint such agents as
.ney may deem necessary To oversee aid provide
Ior them, and shall determine what persons are
emitted TO relief by their respective counties
Ana the board OF county commissioners of
any county OF this state may in their discretion,
counties, work houses for the accommodation
and employment OF such paupers as from time
70 time become county charge; and said work
house and paupers shall be regulated by such
rules as said board of com missioners may deem
proper and just.
Thus, by law the INDECENT poor in any county
within, az those who reside without the
limits of an Incorporated city or town.
who cannot avail themselves of the assistance
OF such relatives as the statute designates shall
n-a nv.
aud the county commissioners shall be the SUI
perintendents oil such poor unless, as provided
In section 1886, one or more incorporated cities
ortowns In such county shall by charter have
wholly or In part In respect to the poor residents
OF such cities or towns the powers enumerated
Goners.
After careful search and examination of the
statute OF the state OF Washington, and the
Charter OF the city OF Seattle, am unable to
md any express provision empowering this city
or eniolnipg on this city the duty to oversee or
maintain the poor persons or paupers dwelling
within It's limits; nor am able to find any law
from which by any rational Interpretation such
power or duty can be fairly implied.
BY section of the act providing for the gov
eminent of cities having a population
Of 10000 or more inhabitants, approved
March "a, 1890, power is given to such
cities "to erect and establish hospitals and pest
houses and to control and regulate the same"
nd the same provision is found among the pow
ns OF the council on page 20 of the city charter,
but neither hospital nor a pesthouse is a re.
treat for paupers. The same act empower.
cities OF this class. and the charter of this city
empowers the council, by ordinance. ITO erect
and establish warehouses and jails, aud to con-
uoi and regulate the same, and to provide for
tne working of prisoners confined therein"
What Is q workhouse? A workhouse is de-
lined to be. first, house in which idle and
vicious persons are confined TO labor; prison
where prisoners are kept in employment; and,
secondly, house where the poor are taken care
o. a. the public expense and provided with
Mgof-a poorhouse:
used in section 2,706 of the code of 1881, whsre
Me county commissioners are required to pro-
Uoe work houses for the poor Of their respective
s ss but the word work house as used in
ect OF March "a, 1890, above mentioned. has
shother and different meaning, for in that act
me legislature, after comforting the power to
erect and establish workhouses and jails. and 10
control and regulate the same, says: "And 10
provide Tor the working OF prisoners confined
sherein,' that is, prisoners confined in the work
houses and iails mentioned in the same act and
an the same connection.
Its therefore plain that the first of the defini-
nohs oil the word "workhCuse" above given Is
we appropriate one TO be applied TO the word as
useu Ia the act of March ~, 1890, and in the
eaarter; aud il is equally plain from the words
used that the legislature held the same view
when they enacted that law. and that the free
holders had the same meaning in mind when
sney framed the charter.
rsupers are not prisoners, hence the late act
euumerating the powers of cities OF this class
woes not provide for them.
mere IS nothing in the laws If this state out
Noe OF the Subdivisions have just cited that
VIII AFFORD the slightest basis for the theory adj
sssneed by some that the city has any power or
ns imposed upon IL any legal duty in this re-
ssra, anu they, when carefully considered, give
sosupport 10 any such theory.
me county, then, 10 to support all the paupers
.ouhu resident within the county, ana the
@uaty commissioners are 10 superintend Them;
any OF them.
The citizens of the county, including those
nving within the limits of the city of Seattle,
se annually taxed to raise "a fund for the sup
pom o! the INDECENT poor.
me BOARD of county commissioners are the
sonuolers, managers and dispensers OF that
iura under the provisions of law.
Inc city Of Seattle has no fund Tor that pur-
Ese, nor has il power or authority under char
o. oiherwise
1.-THE citizcns Of Seattle could be released from
ns s pay ment OF their proportion OF mis- iuna
..neSsessaFy for the support of the county poor,
s uu lhe legislature would authorize and allow
ae eluzens Of this city To use their portion or
ses a iand' then. presume, the city would be
Ssas ahc willing 20 make ample provisions lot
1x POOR aud INDECENT within its limits.
tne above is the legal aspect OF the question:
.,. aas humanitarian side. Persons are con,
~ st9 applying 10 the city authorities Tor rellet
~ he form Of food and clothing. Many OF
shsSs cases are meritorious and relief in lhe
o, S ,.a OF any provisions made by the county
~ authoFltes must 20 granted.
,amare, as we are. that all such expenditures
rsnHaoGt the warrant vi law, they have been
c -aas heretofore on the presumption thar no
~. ~ Notii complain. How long this state oil
IiAgs shall continue IL is not for me 10 say
RI can say as lawyer is, that those expSnal-
s Gsss nave no warrant in law, and should be
, sS % see the board Of county commissioners
Sa saeh action n the matter a. is imperativeiy
1Landed py the necessities OF the occasion
WIZ ne1e are, however, certain poor persons 10
Sill oih tAe law makes 70 the duty of the city 10
assistance; and they are such persons, not
ms paopers, as shall fall sick in the city, auo
anx Persons as shall be afflicted win
t1s,n, injections or contagious disease