The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-24
DECISION. AGAINST GERRY.
STATE CHARITIES BOARDS RIGHT
OF sUPERVISION UPHELD.

drep Is n Charitable Institution-Expert
Testimony ne to the Society's Work.
According to decision written by Justice
Barrett and concurred In by the full bench OF
the Appellate Division OF the Supreme Court.
which was handed down yesterday. the Gerry
sooiety.:or Society for the:Prevention Of Cruel
~ to Children. must submit TO the same
visitation and SUPERVISION by the State Board
OF Charities as any other charitable society
This.action confTns In part and In part over
rales the decision OF Justice Giegerich in the
lower court. which held that the Jurisdiction
OF the State Board OF Charities extended to the
sociotys work for the relief OF needy children.
but not to it's other functions The Appellate
Divisions opinion in part follows:
The question here 10 whether the Society
for tho Prevention of Cruelty to Children 10 q
charitable or eleemosynary institution. and. as
such. subject to the REALTORS powers OF vista
ton and inspection. It-would almost seem
as though the very appelation OF the society
suggested a solution Of the question. II such
4 society 10 not q charitable institution it Ia
difficult to define it's other character. 1t GER
tainiy comes within every definition OF ohar-
table society to be found In the books. The
laws upon the subject Of children are Of In.
tersst to the society only as means to it's spe-
cial end charity. 1t Is thus that It proposes
to aid III their snforcemsnt-not a mere
lover OF abstract justice or a defender OF law
In general.
Indeed. the charitable character OF this So
ciety has never been questioned until now.
On tho contrary. that character has been as
ssrted. proclaimed and insisted upon by it's off,
and agents over and over again. II Is
because Of that character that 1t has received
from the city OF New York by authority Of law.
and from private individuals. tho means essen
tial to It's existence as working institution.
And 1t 10 because OF the same character that It
has been exempted from certain forms OF tax
alton. In the solicitation OF donations 1t has
earnestly pressed upon the public its charita-
Bile objects. 1t 10 only whom supervision is
imminent that It protests against its being
placed in the charitable category.
And what place does II now claim to OCCUPY
outside Of that category It is really hard to
say from anything suggested upon the arRu-
msnt or to be found In its brief II it is not a
charitable institution, what is III There is no
trace Of suggestion that Il may be styled "a
subordinate governmental agency whatever
10 the 1rst time that we have over heard It in:
timsted that private corpo;ation. created
and remossa IN analoGy to pu6ic as
an agent for the execution OF the laws Of the
"Surely the State Board OF Charities can
be trusted With the sacred confidence Of these
Of such q board. It e simply a question then.
shall count for more than the public policy Of
the State with regard to the visitation and
as evidepced By the Gnnstituton and the Ia ".
There can be but one answer 10 such Ques-
ton; o,r ;r,.u.,. .,s ro,,,or ,.r. v,.
clearly within its Jurisdiction in demanding
given to it by the Constitution and by section
70 q the act ho Of lsg9 and the
Granted with SO costs"
The Gerry society Investigation before Al
Court ' Sis,os PsG
Sc s4.ssa;sS j S.
pensable; that the city has no other aeen cy
Ss sC Sd s DC III s sngsnt By
that to the s,y a. h
having his society s,oH It's the
one witness testified that there were no police
officers fitted to handle children,s cases; that
there were no proper accom- modations for chill
and that it would be q matter Of months before
the ' sxpert testimons:dr Gerry did so,,s eS-
plaining.about his taxes;
trict Attorney. office was Indebted to MI.
iren. He wss followed by sx,Snief q Police
Department had none OF the special facli-
ties OF the Gerry society Ter preparing cases
children. nor for the care OF children who were
compainants In such cases. 1t would require
such Bureau Would sndoubtedy be Under
natron who got her position by political pull:
6 aa SG cnt DSf ' nanS
TO get such bureau Into good working order:
william TS.ysEs Jerome Justice Of tn. Court
Fo2 vfa itssn mnS s be talked Without stor
on aS sfns sp dsS o
Superintendent Jenkins. who. he said, was
temper nizht not DO all that, was desirable.
down to the special agents. who were IN the
main. men OF high principle and good 'udg-
"Considsrine the vast extent Of blackmail
remarkable that SO few charges Of this kind
have been made against the society's agents;
] have know OF but three cases OF Suspicion.
Two, OF these three eases Mr. jerome de-
Fred House. the criminal lawyer. was then
efficiency OF the Gerry society: He would
rsther than the ss' Gerry socey because their
cases were prepared with such care and COM
Magistrate, Joseph NJ; Deuel. varied the ora
write ndGrslnS musical s;,sq ss.s
written 70 Mr.; Gerry last. February. telling
him what a noble society his was and how no
that effect.
Ex- Assistant District Attorney Vernon NJ.
Davis was the last expert. and he added his
need Of praise to what had been said and really
didn't see how the District Attorneys office
Then, Elbridgs T. Gerry took the stand in
order that his counsel. Mr. Nicoll. might Ques-
ton him on ne Wsparer articles printed since
the last session before the visitor. He first
Testified In relation to the payment Of % cents
q meal per child 10 perintendOnt Jenkins.
that before the society had its building this
amount was paid by the society to the matron
at Police Headquarters for caring for children
under it's authority and that she received an
extra allowance for washing Out OF the su m
thus received Superintendent jenkins paid
the wages OF servants and attendants. Mr.
NcolI then took up the Errning Posts charges
that the Gerry society building was On the tax
records partly EXEMPT.
Mr. Gerry. The Tax Department. assesses the
Troperty at 100000 and sends the bill aud II
Is paid"
Cpon an invitation extended by Mr. Gerry &c
the reporters to question him upon any poIn
OF the In vestigation. OF the reporters called
his attention to his test nony that the society