New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-04

aspects of the recent decision, OF which
Germs the welfare Of thousands of helpless persons
now in institutions, while the other is of vital
importance to the whole people of this State and,
indeed, of this country.
To speak first of the least Important This de-
cision withdraws from the protection of the State
Board of Charities several thousands Of men.
women and children. who in hospitals homes and
asylums have had the benefit of that protection
for the last quarter of a century and more. BY
Chapter 81, Laws of 1873. the Board any of its
Commissioners were authorized whenever they
deemed 1t expedient, to visit and inspect any
charitable, eeemosynary, correctional or reforma-
tory institution in the State. excepting prisons.
whether receiving State aid or maintained by
municipalities or otherwise. Under this law, if
complaint was received by the Board or by any
Commissioner that the inmates of any institution,
whether men, women or children subject to
abuse or neglect inquiry was at once made
sufficient to show whether the complaint had any
foundation in fact, and If so the power to visit
and inspect exercised. and the persons who
were suffering received the protection of the State
which the Legislature intended should be ex-
tended to them when it placed this power In the
hands of the State Board of Charities. OF course,
as a rule. the managers and officers in charge OF
private charitable institutions do abuse or
neglect the helpless persons to whosesw they
devote their lives, but there than
three hundred such private institutions in the
State, including homes for the aged for the blind
for children, etc. and hospitals for all kinds
of miserable creatures. 1t is certainly desirab
that there should be some outside body of impair
tial persons to whom there may be appeal in
case of abuse. Such body was created by the
law of 1873 which gave this power to the State
Board of Charities composed of men appointed by
the Governor, by and with the consent of the
Senate to serve without pay, each for a term of
eight years, with executive powers with no
privileges and perquisites-indeed with no
power at all except this single one of knowing
everything that done inside of every institu-
ton in the State, and reporting the same to the
Legislature That there abuse of this
power by the State Board of Charities during the
twentyone years from 1873 10 1894 is indicated h,,
the fact that in the latter year this discretionary
power of inspecting ALI institutions when ''thev
deemed 1t expedient was changed into a duty bv
Article of the new constitution, and also by the
Laws of 1895 Chapter I'D and of 1895 Chapter 5.
The second aspect of this decision however
is still more grave for it tends to undermine re-
spect for the opinion Of the majority OF the
Judges of the Court of Appeals and that GER
tainly would be public calamity The law of
1867, establishing the State Board of Charities
provided that 1t should inspect only institutions
receiving State aid, but, as above stated the
Law OF 1873 swept away that restriction Civ
| Ing it power, In its discretion to inspect others
ana Article of the Constitution of 1894 with the
Laws OF 1895 Chapter I'D and of 1896 (Chapter
o4o) MADE II the duty of the Board to inspect all
chaltaoie institutions for they provided that the
state Board Of Charities shall visit and inspect
all institutions. societies and associations whether
state county, municipal. Incorporated or not in
corporated. private otherwise, which are of a
charitable eleemosynary, reformatory
regional character or design"
Now. In the face of this explicit statement of the
constitution and the laws that the State Board of
Charities shall visit and inspect all institutions
coming under the above description, Judge O'Brien
states. and Judges Parker. Gray and Bartlett con-
cur, that the powers of the Board over chart
posed 10 exist In the appropriation and expenditure
.! punllc money for charitable purposes" and
AFTER celebrating this view proceeds:
niFy Vf he Th9h State s is
aid the fruit of taxation levied alike Upop the
Wiling WIZ and the unwilling The right of vista ton
tbis or private through which the State fulfis
defined by fhe That Jurisdiction then be
test II the particular institution whether public
button as charity and not for some other reason
to- visfa orher purpose that institution is subject
state supervision does extend to the efforts of
Channels not smbieef 70 sat may flow in various
government is In no way concerned with it,
me above opinion is quite correct so far as the
mrst sentence refers to the Law of 1867 Chapter
soD establishing the State Board of Charities for
| oy That law the Board empowered 10 visit
and inspect only institutions receiving "State ad".
out what explanation is there OF the fact that tho
decision Is based on this law. which was in force
only five years and practically ignores its amend
ment twenty-seyen years ago. by the Law OF 1871
tChapter SID empowering the Board and its Com
missioners TO visit all institutions receiving State
aid or maintained by municipalities or otherwise"
and further ignores the Constitution of 1894 md tho
Lays Of 1855 Chapter I'D and of 1896 Chapter 54S
making 1t the duty of the Board to visit all in
situations, enumerating even those mot tncorpo-
rated, which certainly never received any state
ald'? II is no light matter that the confidence az
the public in the intelligence of the majority of
the Judges OF Its highest court should be put 10
such JOSEPHINE SHAW 70 ~
New-York. Jan. 80 1900 ILL"