New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-08
THE GERRY SOCIETY'S RIGHTS
STATE BOARD OF CHARITIES WANTS
THE COURTS TO GEORGE 1T.


OF MANDAMUs TO COMPEL THE soCI-
ETY. TO SUBMIT IT'S BOOKS
FOR INSPECTION.
The question to whether or not the Society for
| the Prevention Of Cruelty to Children commonly
known the Gerry Society is subject to the cou-
troll Of the State Board Of Charities argued In
the Supreme Court yesterday before Justice Gle
gerlch The Attorney General applied for a writ Of
mandamus TO compel the society submit to an
inspection by the authorities OF the State and also
10 render report OF It's receipts expenditures and
the work done by II. az other charitable organiza-
tons compelled do
II was contended on behalf OF the State Board Of
Charities that the Gerry Society is n charitable in
stituton within the meaning Of the law. and that 1t
bound 10 submit TO tho State Board an annual
report 20 It's financial condition and its proceed
ings The society. I, alleged received
$1,000 year. part OF which appropriated for
It's by the city and the balance coming from
donations Commodore Elbridge T. Gerry and De
Lancey Nicol the legal representative OF the soci
ETY.. contended that the State Board OF Charities
had no control over the institution and that II
not a charitable Institution within the meaning OF
tho statute relied by the State Board II
also contended that the statute books contained a
number OF laws regulating charitable organizations
in all OF which were provisions excepting tho soci-
ETY. from their Jurisdiction
pllcaton for tho wri, Of mandamus said that there
was no contention 70 tho legality Of the articles
Of Incorporation Of the society To the annual
appropriation for It's use made by the city OF New
York The State Bdlrd q Charities was however.
authorized by law 10 visit and inspect any Char
itable cleemosynary correctional or rcformatory
institution = this State. excepting prisons whether
receiving State aid or maintained by cpalities
or otherwise" This power was amplined and ex-
tended by tho Revised Constitution. which only
"mpfed from inspection OF tho Board charitn bio.
correctional and reformatory Institutions which
wcro subicc: 20 the visitation OF the Lunacy and
Prisons Commissions. u also provided that no pay
ment should be made 10 any such Institution.
wholly or partly under private control. for the
II any Inmate who not received or retained
therein pursuant 20 rulos established by the State
Board %. Charities
Tho Attorney General cited sections 81 the laws
81 ''r5. in support % TITS contention 4 law passed
in isg BE- proceeded. also made It the duty OF the
state Board 10 visit all institutions. whether State
or municipal. incorporated or not Incorporated
which were made subject to ia supervision 10y the
Constitution or by law. aud the Board re-
quirod to investigate tho MANI gencn Of these In
situations and the conduct and efficiency OF tho
Officers or persons charged with their management,
was also directed ~ collect statistical Information
IN respect 20 The property receipts and expenditures
hon hon to Z? nd the a ng ~ and conG
Ing public relief" Section 10 Of this law the Attor-
ney-Gcncra said provided that any member or ON
should have ,cccs. 10 the grounds buildings and
books ana pap rs relating 10 any such institution
Information h. deemed necessary in the discharge
Of his duties. Any Institution refusing 10 supply
the Information required by tho State Board should
L. guilty 81 a msdrmoauor. and be- subject 10 a
mo of $50 Tor each refusal or neglect 10 afford the
Information demanded.
Af,er quoting other provisions Of the law giving
certain powers 10 the State Board. the Attorney
General said that this application was necessary
Tor the purpose OF determining the powers and
duties Of tho state Board with reference 70 instiu
lions and societies Of This dcscrioion. The ques-
ton was one 81 considerable importance. and de-
csion was requested upon IT,
Tho Gerry society. he added was engaged In
most commcndahle work bur was undoubtedly
charitable institution Several demands FOR infor-
nation had been refused. and a. last the state
Board ~ CHARITIES had been Compelled 70 come into
tho society TO comply with the law
Commodore Gerry. IN reply, contended that the
was In no sense q charitable. organization but
part of Tho machinery Of The criminal law OF the
exempted from the operation Of the collateral in
hcrinnc" tax for the reason that L was not
the officials Of the society showing that tho objects
Of the organization were the prevention Of cruelty
81 the laws relating 10 and affecting children The
society. Mr.. Gerry said. received. subject TO the
order Of the courts children charged with the com
is ~ yyomiG H. srnt 70 Inc stat prison but
received these children AT its expense, and did
not receive dollar from either IN" State or the
city for their maintenance The society received,
subject 10 tho decision Of the courts. children who
were subjected TO criminal violence and held them
az witnesses uutil indictments were found. in order
10 prevent Interference with them by persons inter-
ested in making them give incorrect evidence and
TO prevent their fun recollection 81 the crcum-
stances from being impaired Children who had
been subjected 10 cruel treatment wcr" also exam
ined physically by doctors employed by the society,
aud were not the subjects OF charity at he hands
OF the state city. Tho society bore the expense
of Transportation to the different religious nstitu
lions 10 which they were committed by the city
magistrates and recovered this from the city.
Quoting statistics. Commodore Gerry finally
showed the number Of children rescued by the soci
ETY. and the amount Of work done by II In the
twenty-five years OF It's existence. He said that the
Police Department. by It's orders issued from time
to time. had recognized the society as branch OF
the criminal machinery and that two OF It's officers
attended each police court whore roe ms were set
aside for children brought into court.
The Attorney General replied. and Justice Gle
Pcrich reserved his decision