Year: 1874

The Local Charities and the consti-


tutional Amendments.


The question as to the effect of the new
amendments to the constitution on the appro-
prations to local charitable institutions is
one of grave importance These institutions
are of great benefit in a city like New York,
as they supplement the work of public char
ity, and by drawing in to the relief Of the
poor, who would otherwise be wholly pub
lie charge, the money and the labor of
wealthy and benevolent citizens, lessen by
so much the burden of general taxation
wise policy has hitherto favored the encour-
agement of local charities by extending to
them assistance from the city treasury. But
there have always been those too narrow
minded to recognize that the money thus
expended is a public gain. These unfor-
tunate cavillers imagine that they discover
in the new constitutional amendments pro-
hibit;on against the appropriation of public
money by city authorities to local charities OF
any description outside of the .'Workhouse."
The arguments they use prove their profound
ignorance of the subject they discuss. The
new section restricting the gift of money or
the loan Of its credit BY any county, city,
town or village provides that the prohibition
'.shall not prevent such county, city, town or
village from making such provision for the
aid or support Of its poor as may be authorized
by law


1t might be supposed that the most ordi-
nary intelligence would recognize in this
clause the actual authorization of the city
of New York to apply the moneys re-
ceived from excise licenses to the s.aid and
support of the poor in conformity with
chapter 642 of the Laws Of 1874. That act
provides that the excise moneys 'shal],
from time to time and in sums accor ling to
their discretion, be appropriated by the Board
of Apportionment and Estimate Of said city,
by resolution Of the said Board, to whatever
benevolent, charitable or humane institutions
may seem to such Board deserving or proper"
It was passed by the same Legislature-that
of last winter-which agreed to the constitu-
tional amendments, and it would be crediting
that Legislature with "a vast amount of either
duplicity or stupidity" to suppose it capable
of enacting law that would be wiped out in
less than year by those very amendments.
Yet we find it argued that latter January l"
the excise money must go into the city sink
ing fund apd cannot be applied to the aid and
support Of the city's poor. In like manner we
are gravely told that other State laws that
ho ro frov,, t;y,co IN tive orthor;1a5 a0o,oo~:o
tions to local charities "for the aid and sup
port of the city's poor" become unconstitu-
tional through the adoption Of the now
amendments.


The EUening Express, whose editor was o
member Of the Constitutional Commission
that framed the amendments in question,
declares that $50 monstrous a result was not
suggested in the Legislature, which twice
passed upon the amendments" and shows
from the records Of the Commission that the
new section IL of article 8 was modified
SO as to prevent the possibility Of construc-
ton such as is now attempted to be placed
upon it. Mr.. Brooks himself insisted upon
this modification. Mr.. Leavenworth, on re-
porting the amended section, said:-ssThe
Boards of Supervisors of the various counties
and the Common Councils of the different
cities have all the power they have heretofore
had to pay to each class of said institutions
the most liberal compensation for the care
and support of the different classes Of unfor-
tunates for whom they were designed" This
certainly, ought to be sufficient evidence of
the intent of the new section, as understood
by its trainers, and should prevent the need
less and expensive litigation with which the
city is threatened by those who deem that
they understand the meaning of the amend
ment better than its authors.


The question as to the time when the new
amendments take effect is an immaterial one.
The constitution as it existed prior to their
final adoption provided simply that 'if the
people shall approve and ratify' amendments
by majority vote such amendments "shall
become part of the constitution" One of the
new amendments is the addition of article le,
section 1, which provides as follows: -s.All
amendments to the constitution shall be in
force from and including the 1st day Of Janu-
ary succeeding the election at which the same
we're adopted, except when otherwise provided
by such amendments" This article supplies
an evident omission in the constitution. But
the popular and even the legal mind is under
an erroneous impression as to the language Of
the above provision, which does not declare
that the particular amendments voted on at
the last election shall become operative on
January l, but only provides in general terms
at what time ''all amendments to the constitu-
ton shall take effect.


The FRAMING PRrvnEoE was regretfully
discussed in the House yesterday, but it was