New-York tribune., 1900-01-12
GERRY s0CIETY'S EXEMPTION.
STATEMENT FROM THE CHARITIES
BOARD AND FROM CONTROLLER
GOLFER


The decision of the Court of Appeals. by a vote
Of to 8 to the effect that the State Board or
Charities has no jurisdiction over the Gerry So
ciety WILL according to the opinion or the presl-
dent Of the Board, William R. Stewart, remove
absolutely from interference by the State Board
of Charities four hundred or five hundred institu-
tions of this State hitherto under the supervision
of that Board President Stewart Will have the
counsel of the State Board move at an early day
for retria of the case.
The friends of the State Board. however. note
that Justice Giegerich's decision giving the State
Board supervision of the Gerry Society was upheld
unanimously by the Appellate Division, and that
the decision Of the Court of Appeals arrays eight
of the thirteen judges who have passed the case
in favor of the State Boards contention, with five
on the side Of the Gerry Society.
When a request was made at President Stewards
office yesterday statement of the State Boards
opinion case, Mr.. Stewart refused to be seen.
but the following furnished official state
ment:
Under the revised Constitution as also under
earlier statutes, the State Board of Charities has
whether under public or private management, a1i
state Board of Charities was therefore authorized
visit all hospitals. orphan asylums, homes for
the aged and other institutions, with the view Of
detecting abuses that might exist and securing
remedies Tor them Inc language & OF the the Gonst{1 10
and until this decision no one has ever questioned
Justice OBrien's decision states that the object
Of this whole scheme of inspection not that OF
protecting the weak and the helpless, but that of
safeguarding the expenditure of public moneys and
that therefore the only institutions subject to the
visitation of the State Board of Charities
those receiving public money. This would exclude
may be twenty societies for the Prevention of
Cruelty to Children In the State, there are hun
dreds of societies and institutions which would be
exempted from inspection if this view Of Justice
O'Brien's decision prevails. All orphan asylums
except those receiving public funds all hospitals
endowed or supported by private contributions or
any whatever except public money, all
homes for the aged not receiving public funds. all
societies for the relief Of the poor supported by
voluntary contributions. sweep removed
from the oversight and inspection of the State
Board of Charities without any such demand or
expectation their part.
Controller Coler said yesterday that he had tried
10 have the annual appropriation Of 10000 by the
city Mr.. Gerry's society withheld this year but
the appropriation included in the budget. The
Controller declared that it surprising to him
that Mr.. Gerry had been able to gain such
markable privileges for his society. He said he
thought Il unfortunate for the State of New
York that the Court OF Appeals had decided that
the society not subject to oversight by the
State Board of Charities. and he thought the Legs
iature ought to take action TO change the law so
TO make the society subject to control by the
State Board. Mr.. Coler was quoted saying:
I regard ii as a most astounding circumstance
that man who is not citizen OF NewYork State,
who has changed his legal residence to another
State for the sake Of avoiding paying his taxes,
should be given such remarkable privileges. Ac-
cording TO this decision Mr.. Gerry is superior to
solutely irresponsible, and forms distinct entity
by himself.