New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-24
GERRY SOCIETY A CHARITY.
APPELLATE DIVISION JAYS STATE
po.RD MAY VISIT IT OFFICIALLY.

Tho ,nnellate Division OF the Supreme Court gave
q decision Yesterday I'm the case OF the people etc
on the relation OF the State Board OF Ohaii
against the New-York Society FOR the rreVen'io''
OF Cruelty to Children. The court ho'ua Ia w
society s subject TO visitation by the Board anu
r. ,o,tor ,or n r,andamus made on behalf OF the
Board is granted The decision Oh 'no O'''''
unanimous =, ,,x
Juet,ce Barrett wrote It.. He begins by saying
that the question Is as to whether OF ho' VIC %
cietv is a charitable institution. ana as such suo
loot IN the Boards powers Of visitation anu III
- ct, vrouId almost seem" he adds. "as
though the very appellation OF the SOCIETY ue
gested solution OF the question II such socie'S
e. mot . charitable institution. II Is dinicut 10 ue
fine its other character.
when the Board applied at Special Term lot
rnandamus Justice Giegerich granted 1t In part
and in mart denied the application so far as inc
visitation should relate to charitable WORK the
rnandamous recurring the society to submit 10 such
visitation was granted So far however as the
functions Of the society were those OF Suooiu'-
nate governmental agency" the mandamus was
denied Both parties appealed. The Appchaie ~
vision now reverses the order, go far as IL oe'nes
the motion. and grants the motion TOT H""'"
mus without restriction.
The third session Of Albert Stickneys official
visitation of Mr.. Gerry's society was helu yestei
day At the second one Mr. Gerry had testined
that the society had never taken advantage OF any
tax exemption, and was not AT the present uic VA
empt A search OF the tax records revealed the
fact that the socety's building is assessed for *lo-
600 and paws taxes on only 10000. The part used
for business is taxed The part used for charity Is
exempt.
The proceedings opened with Assistant District
Attorney Henry W. Unger giving the society
hearty recommendation for efficient work The
State Superintendent Of Elections, John McCullagh,
followed in the same vein. So did Justice William
Travers Jerome Magistrate Deuel. and Vernon NJ
Davis a former Assistant rict-Attorney. Then
Mr.. Gerry
The first question concerning the payment or
% cents a meal for each child to Superintendent
Jenkins He said that about fifteen years ago the
society paid the same amount to Police Matron
Webb and % cents additional when any washing
had to be done
He was then asked about the taxation He said
that the society certainly paid 5000 year taxes.
He admitted that the society paid no water taxes
and that several years ago, when such tax was
proposed he protested. saying to the Tax commits
sioners that the least the city coulu 40 was 10
supply water to wash the city dirt of the children
after the society had taken charge of them. ,,
De Lancey Nicoll. Mr.. Gerrys counsel inquired
IL the reporters wanted TO ask MI Gerry rev
questions. They asked several. The COMMODORE
said ne had no explanation to offer for the TAX
figures the public records. He SAID ne did hoS
know what was on the tax books, and that he ala
not want TO- He refused TO look at a paper winch
vas offered him on which written the figures
taken from the books In the Tax Office: lie had
recollection OF ever asking tor a reductIon Oh
taxes although document is on file saving that
he did. He admitted that the Tax Commissioners
might have raised the valuation OF the socletys
property, and that he might nave protesiiea, al
They might, he said. have raised the valuation or
the property 10 N75.Wp