The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-05-12

JERSEY CITY. FRl L
is valid, in my judgment the act does not
apply to Hudson county
s33) The act is so meagre IN the detalis
necessary to carry it into effect that It Is
imperative.
"ta) The act constitutes every child
committed and to be committed to IN
stitutions coming within the purvieW OF
the act, wards of the ttad state B9arc 94er ba oa
organization Of the State Board they must
be removed from the almshouse Wltnin
thirty days and as to all chlloren IN tne
almshouse at the time OF the organization
of the State Board, they must be removed
within six months from the date OF the
act
the 24th of September next, the state
Board is bound to remove every child in
the almshouse. whether they can furnish
homes for them OF not, and whether they
can place them in institutions; the act
does not contemplate the contingency tnat
the State Board may be unable 10 place
these children in homes, and once having
removed a child 1t seems impossible un-
der the act to recommit the child TO rhe
county institution, and the law does not
tolerate the presence of such cnlid IN
the almshouse. Such a contingency was
evidently not foreseen by the trainers OF
the act but it is one that is likely to hap
pen; and on its happening what Will be-
come of the children?
"(b) No provision is made by the act
| for the support of these children until
| the first of December next
.sBy the act children committed after
| the organization of the State Board must
be removed within thirty days land the
| other children must be removed before
| September 24th). Yet the act makes no
| provision whatever for support such
| children from the date of their removal,
| nor from the 26th of September to the Isl
| of December next. The only portion of
| the act touching the means of support
| n e.,
I which provide that hereafter the county
| and other municipalities affected by the
| act shall place in their budget sufficient
money to carry out the objects. of the
act not less than $1.5O per week Tor each
| child.
IF this act should apply to Hudson
| County in the month of July next, When
| your Board makes up It's budget Ter the
| fiscal year beginning December 1, 1879, ana
| terminating November 80, 1900, 1t would
be bound to place in Its Its 3uage[ fur ac chid sa
| but these moneys would not be available
| for the support of such children until
the 1st of December, 1898.
''Tf the children are removed from the
| county institution your BOARD IS lot
| bound to support them before Deeemoer
! l. 1899 because by the statutes aHecthg
| Hudson County with respect to lts pvui,
| it is not bound to support poor oulsiae
| the almshouse. And IN adoltlon 70 ms
| the item of appropriation for the sup
port of its almshhouse was nxea u & JuIS,
Der l. $685. and Terminating November ~,
| 1899. and this fund must be kept intact
| for the purpose for which it was appro,
| priated, and the Board may not exceed
| It's appropriation without violating
| criminal statute, for which it would pc
| subject to indictment, ana lastly thsle Is
no auty enjoined on the B9ara a. q ~, Z ret et
| holders to provide any funds Tor the act
| prior to December ], 1899
| "(c.'') The act is silent as to the method
| of disbursement OF the moneys raised py
| taxation.
This being SO your Board cannot COM
nly with the regulations of the STATE
Board TO honor a draft drawn on II 70
pay monies in advance acordisng 70 tns sss
| innate of the Treasurer of the state
| Board. because by Sec. 5Ss, page 2,2Sl OF
| the General Statutes, it Is provided thae
| 1T shall not be lawful for the board OF
| freeholders, etc, to, pay or discourse any
| moneys of the county to any person. un-
! less the person claiming or receiving SAID
moneys shall first present to the party
paying the same a detained . u OF ITEMS li
| on demand, specifying particularly now
| such bill or demand is made up, and the
Idates and names of the persons 20
whom the amounts composing such Dill of
! demand were severally paid, with the am
dayit of the party claiming payment OF
| said bin or demand that the same is cor
rect Possibly, If the State Board OF
| Guardians, or any member thereof paio
| claims for the Board of these chlldren
| and then rendered bill, duly verified,
| your Board might be justified in paying
| it. But taking the plan and scope OF the
act in the light of the last mentlonea
would be to pay directly to the person IN
whose care the child was committed or
! bound. having first received bill, duly
| verified according to that act, whether
| or not YOU would have the right to scru-
| tinize the bill as to the reasonableness OF
! the items of charge, it is not necessary at
| this time to determine.
."The mere passage of the act does not
relieve you of your former duty in the
premises; you are bound in measure to
| inquire into the validity of the act pc
cause of the act is invalid your duties re-
| main in the same manner as II lne act
| had been passed.
| sTaking the act in its entirety, so many
| doubts exist as to its validity and your
| the far-reaching effect of the act, the
| radical change it makes in the law as 1t
] existed in this State for upwards OF a
century; the Importance OF having II 50
| construed as to leave no doubt as to its
validity and your duty under It, am
| constrained, to advise you that you de-
cline to delveE the children in your your Gus Gus
Guardians under this act and so instruct
your officers and employees, and notify
| the State Board of Guardians OF your ac-
| ton in the premises, so that in friendly
| manner a suit may be instituted-at once
| for a construction of the act. Ii this
| course is pursued with expedition, the
case might be presented to the supreme
i
doubt that the Court, recognizing the i'm
portance of the matter, would speedily
| determine the question involved, so that
| before the oath of September, If the law
| is held valid. all disputes between your
Board and the State Board of Children's.
| Guardians will be removed.
yours respectfully,
JOHN GRIFFIN, Counsel."
| Remarks were made by. Freeholders
Riordan and Fallon in opposition to turn
| ing the children over to the State Board
and in favor of pursuing the course
recommended by Counsel Griffin.
The report of the counsel was, ordered
entered in full on the minutes and reso-
| luton introduced by Freeholder RiOrdan
adopted by unanimous vote, instructing
the counsel to institute. legal proceedings
with the State Board of Children's Guar
dians to test the constitutionality of the
act. A resolution was adopted directing
Warden Ryan of the Almshouse not to
surrender any of the dependent children
| in that institution to the State Board.