The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-01-25

Tho text, now at hand, OF the majority
and minority opinions Of the Court Of
Appeals ia deciding what is popu arly
known as tho ease of the State Board Of
Charities against the Society for the Pre-
vcntion OF Cruelty to Children confirm The
suns opinion that the decision is ~ such
al extraordinary character as to mako
the Inference plausible, az least. that II
goes very much further than the learned
Court really IN nded. Il is not an
cXtggeratlOn To- ray that the decision has
thoroughly disorder d what nave been for
years thc simple and weli.undcrstood rela-
tons existing between the State authOri-
ties and Il large class of Institutions super
vised by them. We anlim this with oil due
respect u the members OF the Court Of APP
peals, who are, Of course, ~jurists Of the nigh
est probity, discretion and intelligence.
1t will be remembered that the case was
The effort OF the SOoitly for the Prevention
OF Cruelty TO Children, commonly known
as the derry society, to escape lE' vi,itu-
ton and iuspcc ion Of the State Board Of
Charities. The SPECIAL Term and the Appel
late Division Of the supreme Court in the
First Department held unanimously that
the society was subject to the supervision
Of this board. Tine Court of Appeals, by a
majority vote o. one, has reversed these
decisions. Both the majority opinion
written by judge OBRTEN and the dissent.
ing opinion writ Il by Judge MARTIN
seem to ASSUME that tine sole question
involved was whether the Gerry society
was or Wa not a "charitab,e" institu-
tion. Ii II was a charitable institution.
Il was under the control OF tho State
Board Of Charities; IL it was not n
Charitable" institution, the Board Of
Charities had nothing to do with IT. Judge
MARTIN, WHO had Judges NA>N and HAIGHr
with him, wrote Il very long ana elaborate
treatise, discussing wit exceeding detail
the history, condition and present opera
ton Of the Gerry society, and concluding
that as all the facts showed that the word
"charitabio" could be- more accurately ap-
Piled to the society than any other term, IL
properly tci undcr the sway Of tho Board
Of Charities.
Now, the State Board Of Charities derives
its powers primarily from section II, Article
VIII. oI the State Constitution, as amended
il 1894. n follows:
The Legs AZURE shah provide for a State Board
OF Charities, shich shall vsit and tnsp.ci az insntu.
taiiOnS. whether statn, county. muuicipal, incorpo.
rs,ei o. not Incorporated, which are OF a charitable,
olcclnu,} mar, orIe,tional or reformatory char.
arter. excepting only such Institutions a. are hereby
made subject t. the visitation and inspection OF
either " the commissions hereinafter mentioned,
but in,lid!ng all resormalories. except those in
which siult maloJ convicted OF felony shall be con.
hnyd; a State Commission IN Lunacy, which shall
visit and inspect all Institutions, either public or
private, used .or the care and treatment Of the
iL-ano mot including institutions for e~pileptics or
i'd utsD, a SAFE Commission VI Prisons. which shall
visit and inspect all institutions used for the DE- ten.
ton OF sane adults charged with or convicted Of
crime or detained ss Witnesses or debtors"
In making provision for the board, as tho
Constitution directed, the Legislature, in
1898. enac.el Il statute declaring it to be
the duty OF the board to visit, inspect and
maintain a general supervision OF all institu-
tons, societies or a. associations which We're
OF q charitable, cleelnosynary, correctional
or Trformatory character, whether State or
municipal, Incorporated or un~incorporated,
adding tue final proviso:
"and institutions, societies and associations,
whether State, county, municipal, incorporated or
uuincorporated. prjrdr or oh,rWis'. which are OF q
charitable. elr mos nary. r~oformatory or correc.
tIOnal d,rJu."
Again, In 1896, the Legislature passed a
general act relating to State charities,
winch, while IN Sub,tuucc rpDpatlny the