Evening star., 1900-10-18
THE BOARD OF CHARITIES
INTERPRETATION OF THE ACT BY
THE ATTORNEY GENERAL.
Relations Of the Secretary Of the In
teriOr to Local Institutions Re-
main Unchanged.

Attorney General Griggs has rendered an
important opinion as to the relationship OF
the Secretary of the Interior to the four
government institutions. the Government
Hospital for the Insane. the Columbia In
stitution for the Deaf and Dumb. the
Freedmen's Hospital and Asylum and the
Washington Hospital for Foundlings, In
view of the acts of Congress creating the
board of charities. Briefly summed up the
opinion is that all Of the institutions are
charitable within the meaning of the board
Of charities act and are therefore subject
to the general supervision of that board as
described in the act creating 1t. The At.
torney General says. however, that this
general supervision of the board of char
tiles over these four institutions does not
materially affect the jurisdiction Of the
Secretary Of the Interior, as provided by
previous laws. The Attorney General says.
II am unable to discover how this situa-
ton interferes with or substantially affects
your previous relations to the four insti.
tutions in question. My view is practically
the same as that of Mr.. Olney In his opin-
ion upon the relations of the Secretary of
the Interior to the Freedmen's Hospital and
Asylum, and 1 may slightly paraphrase and
apply his language to the present case,
namely-with the exception that the board
of charities is given the general supervision
of these institutions. and under the order
of the District Commissioners the power
of inveS Stigation with the duty of Submitting
a report and recommended tions to Congress
the powers and duties of the Secretary OF
the Interior are unchanged by the act oil
June 6. 1900, and remain the same as before
its enactment"
Other Laws Cited.
Il might properly close here were it not
for the fact that you suggest other recent
laws affecting all these institutions, indi-
eating generally transfers of supervision
and control to other departments or to the
District Commissioners as to the possible
effect Of the acts cited.
LAS to the Government Hospital for the
Insane the act of March 3, 1881, authorized
the District Commissioners to visit and in
vestigate the management of the institu-
ton and to receive a report of it's receipts
and expenditures, with the express proviso,
however, that the supervision of the Sec
retary Of the Interior should continue as
heretofore.
II think the proviso clearly indicates that
your jurisdiction over the institution con-
tirues, and IL 1t were necessary to add
anything. the principle Of Mr. Olney's opin-
ion plainly covers the case.
LAS to the Columbia Institution for the
Deaf and Dumb. its history and status have
been carefully reviewed, and by an opinion
it was held that the institution is in the
Department Of the Interior in the sense that
Its transactions are under the supervision
1T Is true that since that opinion was
rendered, under the act Of July ], 1888. the
directors of the institution have control of
all disbursements by Congress for its ben
eft: nevertheless. other provisions of ex-
listing law require the president and di-
rectors to report annually to the Secretary
of the Interior the condition of the institu-
tion.
LAS in the case of the Freedmens Hos
pital and Asylum, no act seems to have
been passed in the least changing or af-
feeting the exact application Of Mr.. Olney's
opinion to that institution now, well as
when the opinion was delivered, in 1895.
The Founding Hospital.
'As in the case Of the Columbia Institu-
ton, the president and directors Of the
Washington Hospital for FoundIings are
required by law to report annually to the
Secretary of the Interior the condition of
the institution. Although annual appropri-
ations for its support have uniformly been
carried in the bill making appropriation
for the expenses of the government of the
District of Columbia, and, although there
may be, therefore. a certain relation
not very clearly defined between the in
stitution and the District government.
1 think that your supervision or juris-
diction over the institution, as past practice
has determined Its nature and extent, re-
mains substantially unaffected, equally with
the other institutions named. either by the
legislation cited. which connects the Dis
trict government with the institutions. or
by the act of June 9. 1900 creating board
Of charities for the District Of Columbia"
The secretary's Request.
The Secretary Of the Interior wrote let
ter to the Attorney General bringing to his
attention the act establishing the board Of
charities and requesting his opinion las to
the duty of the Secretary of the Interior in
respect to the management OF these insti-
tutions and the extent of his authority to
supervise and control the affairs of each
and the expenditure of the money appro-
priated for the support thereof.
The Attorney General says that the field
Of the inquiry is so broad and general that
he cannot regard it as strictly a question
Of law incumbent upon him 10 answer, but
as various practical details of administra-
ton of these institutions are constantly
coming before the Secretary for his action.
the Attorney General concluded to pass
upon the legal aspects. He therefore
framed two questions upon which to base
his decision. These are:
First. Are the four institutions named
covered by the provisions of the act estab-
fishing a board of charities2
Second. If so, how far has the relation
ship of the Secretary OF the Interior to
these institutions been modifedr'
The opinion then enters into the question
OF whether each of these institutions is OF
a charitable nature, concluding that they
are.
The Attorney General discusses at consid-
cradle length the subject of the Columbia
Institution for the Deaf and Dumb, citing
many authorities and opinions as to
whether it is a charitable institution, both
legal and scientific, finally concluding with
the opinion that 1t is a charitable institution
within the meaning of the act.
The Attorney General says that the chari-
ties act was the last step in the efforts of
Congress to bring about a uniformity of
supervision and Of coordination or Coop
Grafton in the charitable work of the Dis
trict.
SHERIFF. SHEA'S TRIAL.