The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-03-03
ASOCIETY ABOVE THE LAW.
,R. GERRY SEEKS EXEMPTION FROM
STATE CONTROL.

over tho Fortunes of the Children
,he Society May Get Into It's Hands.
Tbs state Senate Committee having in
.harce the two bills that are TO take away from
~ state Board Of Charities the right to visit
Snmmodore Gerry's children's society has re-
so,,sa the bills favorably. II these bills should
A. nossel tho society will DO greater than the
S,ots The last vestiRe OF public control will
A. removed and no power will exist on earth
"a check or control the society In its manage
r.nt of children. Money paid to IL by tho city
=, nv ctarltably disposed persons will be ok
,.rded by .he officers OF the society without
IN. knowledge OF the city or the donors as TO
whot Il IS spent for and without the power on
,h.lr part to ind out. Even the Supreme
Cnurt Is barred from looking inside the doors.
A child once committed Is absolutely in the
rover OF the society. 1t may be treated we'll
or III. No one will ever know. No one can
end out. Parents are nothing. The writ OF
babeas corpus cannot reach the child.
The state Board Of Charities is a consti-
,p,ional body. Section II OF Article VIII. OF the
Constitution commands the Legislature to
ereate il and commands the State Board when
oranized TO visit and inspect oil institutions,
whether State. county, municipal, ineo-po-
,,,ed. or not Incorporated, which are OF q char
table, eleeGosynary. correctional or reformn-
tory character. excepting only such institu-
tIons as are hereby made subject to the vlsi-
tation and inspection of either OF the commits
sions hereinafter mentioned"
The Gerry society Is a charitable instltu-
ton. 1t has always dened the law and the
State Constitution In this particular. spending
s9O.OOO.a year and caring for a daily average of
forty children. Its books have never been In
spected the way it cares for children has never
been officially inquired into, and 1t to-day pos
sesses moro power in its line than any single
branch OF the Government possesses in it's
line.
Board OF Charities ATTEMPTED to Inspect the
c%hiIdren's society. This was 2 long time ago.
on dne the Tart OF the state Board, The board
was ccmposed OF well:known citizens, many
Gerry and, some Of them contributors 70 tie
i Rass ,o look He ct T sSs Sod not or pe t5s eb shs stA 6s
Gerry, it may he said, explained that he lad no
ties, but he feared that at some future time
some wicked p3iitieian might get control;
would be a bad precedent. He did not say
what there was to conceal about his, instltu-
tiCn or What harm an INSPECTION would
tuition because OF Commodore Gerry's defiance
Of it. reported the matter 10 the Attorney Gem
lake the legal steps necessary to compel the
society to obey the law. An application was
compelling the society to permit the inspec-
rion. This application was fought by Commo-
G 49, sS Gs5Fy yb win ihs fae n1a t 9r we wa lan Sc far Hi as to
assert that the. Society for the Prevention Of
Cruelty, to Children was not in, any sense q
that it exists byviriueof the S5G;66espbse5ibyd
annually by the charitable. people Of New York.
The supreme Court Justice who, listened to the
in his decision declared that the
wSvs at i.ast. and that. therefore. It must sub
init to the Inspection. the mandamus was
damus and appealed from the courts decision,
That appeal has not yet bG zen acted upon and and
hsf,S him beat at P Phs supr ena ,H cosTt. The aH State te
Constitution and the State Board Of Charities.
bring this about that have been reported in the
Senate. Comlnodore Gerry himself has spent
q Sr sSe GA StIls OF si N COIN In a mitses. iai ss b TSr xii to ID
giving Of the extraordinary privileges say.
why he objects to an inspection of his society
except that. the records OF the children are
saered and it9 let any person see them Would
tents."
There are 10000 children in institutions in
New York State-the wards OF the State. Mr..
Gerry's society cares for forty on a daily aver;
Every year and it is asserted by the state OH
eials that nothing prejudicial to the children
It may Interest the average reader no less
than the Legislature to know something Of the
extraordinary power of the Gerry society.
PASSED in 1875 for the incorporation of socie-
ties having the prevention OF cruelty tochildren
law, made IN 1888. the officers OF the society
have all tho powers OF peace officers. TIT
6 d. TICS P g. tn9 e agents srs as !. SCI 1n firth in section 29S
Any agent or officer may arrest and bring
before a court or magistrate having Jurisdic-
provisions Of this chapter lchapter q. abuse OF
children. and any minor coming within any
sec tRS dSSSSfiFi pr 2s3. OF rG ShiIfrsn WSo bse. ar re-
destitute. are in bad company or are EN- ployed
in businesses t9rbidden to chiIdrenl sHcn
ton in his presence OF any act forbidden by
fhls ehaP %f.i "A. A person sgsOI y, w9 f1s o sSs r roTss OF OF H.
authority, under this chapter. is guilty of a
the society may take any child, which in his
augment is being III treated or is the subject
oiimpr9per influences or surroundings or CON,
child is, He may arraign this child before a
Police Justice and ask to have 1t committed to
dian Of the child must be notified OF this pro-
seeding and haye the right to present contra
parents, the child may be brought to the su;
prelhe Court on a writ OF ha5eas corpus and
Sfy roaGht can &u' on aRs S"ssSS the iss"r eom mnI@ = t.
II the commitments is in proper form the Jus
tee can do nothing. The parents can take
another course. however. Two years ago a
pew section was added to the Penal Code. as
"749, Judgment of Special Sessions. &C., re-
vlewable only by appeal.-A Judgment upon
conviction rendered by a court CT special ses-
sions, police court. Police Magistrate or JUS
tce, OF the Peace, in any criminal action or pro;
ceedings or snecial proceeding of a criminal
nature, NAV be reviewed by the Court OF Ses-
sions Of the county upon an appeal as pre-
scrlhcd by this title. and not otherwise, And
any appeals heretofore taken and allowed from
aludgmentof any police court or Police Magis-
trate in the manner THAT appeals are directed
% he taken ana allowed by this title. and now
Sendlng undetermined in any court Of this
htate, are hereby declared to be legal and valid
and ofthe sameforce and effect as If taken after
the passage OF this act.".
This section enables u review Of the case and
new presentation of the facts and reve rsal Of
Judgment II the Court OF General Sessions so
decides. But there has been an amendment
20 thls section, TOO. IL gives 70 The society the
gives the child back to its n%arents, Of appeal.
ing rom the decision TO the General Term. and
iHrther appeal to the Court; of. Appeals. and
u provides that pending the decision tho child
EnnI AN.RF L. ~ --.-A H. IL