New-York tribune., 1922-05-18
Volunteers of
America Fight
Ban by Coler
Refusal of Permit to So.
licit Funds and Arrest
of Collector Carried TO
the Courts in Test Action
Ordinance Is Attacked
Welfare Head Asserts Pub
lie Must Be Protected
From Constant Appeals

Bird s. Coler, Commissioner of Pub
Tic Welfare, recently refused permits
sion to solicit contributions on the
streets Of New York to the Volunteers
of America. one of the best known in
dependent charitable organizations in
the city. As a result Of the refusal a
test case is row before the courts
which is declared to be Of vital mpor-
tance to all welfare institutions which
depend for their support on collections
made in public places.
On March S last Louise Drew, mem
ber Of the Volunteers of America. Was
arrested at the entrance to a Broadway
subway station by Acting Detective
Sergeant Muilahey, on behalf OF the
Department # Public Welfare. The
charge was public solicitation without
permit. The case is now awaiting the
decision OF tho magistrate 1t probably Y
will be carried on appeal to tho highest
authority in tho state for a final ruling.
Officials Of the Volunteers Of Amer
/. oa declared that an adverse decision
{ will mean the cnd of their organiza-
ton. The Welfare Department says
;hat the general public must be pro-
tec'cd against unauthorized "begging''
fo- whatever cause and by whatever
seency.
Legality of Ordinance Attacked
he case against Miss Drew, which
ol c1or |,
blow at all charitable efforts which fall
outside the contro, of the Department
Of Public " Welfare. is based upon a
municipal ordinance passed in Decem-
ecrber last, which provides that no per
son shall solicit funds for any purpose
on the streets and in public places in
New York City. unless in possession
of permit issued by the Commiss ION
er Of Public Welfare. Miss Drew was
not possessed of such permit; neither
is the Volunteers of America. After
Miss Drew had been warned that con
tinued solicitation on her part would
lead to her arrest she persisted and
was arrested. The Volunteers arc max
ing q test case of her arrest, and If
necessary will make others, it is said.
in an attack on the legality of the ordi-
nance under which the charge is laid
There is no question of facts at is
sue. The Comm ssioner of Public Wei
fare is frank about the position which
his department takes in the matter
and former Governor Charles S. Whit
man. who is representing the Volun-
tcers of America and Miss Drew. is
equally plain spoken in his insistence
that the Welfare Commissioners asti-
tnde is without legal justification. Both
sides have filed briefs, which Magis-
trate Norris is studying
COler Defends His Position
missioner Coler said yesterday, "came
TO ne for a permit to solicit funds in
support of their organization the year
round. The permit was refused under
the ordinance passed by tie Board of
Aldermen last December The renre-
sentatives of the organization saw
were very persistent, even aggressively
so. They took the matter over my
head to the President of the Board Of
Aldermen and to the Mayor
The department feels that continual
solicita ton for funds for numerous
charitable or pseudo charitable organi-
cations within the last year reached the
point where it because public
nuisance. 1t is my contention that the
streets and public places of New Yorl,
are filled with working people Of small
means, to whom the constant drain i'm
posed by appeals for such obJectives
means in time the loss of more money
than they can we'll afford believe
the public Is entitled to protection. and
1T is for that reason. acting under the
snthority of the ordinance passed by
the Board of Aldermen, that refused
this permit, and 7 may add that shall
continue to refuse all applications for
permits for similar purpose"
II was suggested to the Comm5-
'ioner that there have been recent
examples of appeals made on behalf
Of various causes in the subway trains
Collectors Liable to Arrest
Never with my consent" he replied
positively Amy collection made in
streetcars or subwsys is illegal. and
the persons who make such collections
are liable to arrest. and will be ar
rested if can put my hands on them.
That is the policy of this department.
and will be the policy of this depart
ment so long as | have anything to say
about it,
"Undoubtedly Commissioner Coler is
acting in what he believes to be the
best interests of the public of New
York" former Governor Whitman.
counsel for the Volunteers. said "We
maintain, however, that he acted upon
authority which has no existence in
Law. The authority which is bestowed
upon the Board of Aldermen by the
state legislature clearly nominates
three classes against which action may
be taken by the ci{y authorities These
are street vagrants, beggars, and
nendicants.' We hold that Miss Drew
as an authorized representative Of a
charitable organization operating
under state charter. does not come
within either of these classifcations
and that. therefore. no authority be-