« PreviousContinue »
nine, for wilful violation of the rules and regulations made by said board.
§ 294. Drug store or tenement house not to be used by dispensary; unlawful display of signs. After April eighteenth, eighteen hundred and ninety-nine, no dispensary shall make use of any place commonly known as a drug store, or any place or building defined by law or by an ordinance of the board of health as a tenement house; nor after such time shall any person, corporation, institution, society, association, or agent thereof, except a duly licensed dispensary, display or cause to be displayed a sign or other thing which could directly or indirectly or by suggestion indicate the existence of the equivalent, in purpose and effect, of a dispensary. Violation of above section by corporations displaying word “Clinic ” on sign
STATE OF NEW YORK,
ALBANY, March 10, 1905. Hon. ROBERT W. HEBBERD, Secretary, State Board of Charities, Albany, N. Y.:
DEAR SIR. I beg to acknowledge receipt of your communication of Febru. ary 28th, in which you inquire with reference to alleged violations of the Dispensary Law in the city of New York. You say that a private business corporation, known as Frauenthal Clinic for Joint Diseases and Deformities ” maintains an establishment for the purpose of furnishing medical and surgical treatment, displaying a sign worded: “Clinic for Joint Diseases and Deformities, 2 to 4 p. m.," and that a physician displays a sign reading: “Dr. Grant's Clinic, 1 to 3 p. m.," and ask whether such actions are violative of section 23 of said Dispensary Law.
In reply, I beg to call your attention to the language of section 19 of said law, which defines a dispensary as an institution, the moneys for which
" shall be derived wholly or in part from trust funds, public moneys or sources other than the individuals constituting said dispensary and the persons actually engaged in the distribution of charities of said
dispensary.” An institution deriving its fund solely from the individuals composing and conducting it, whether medical services rendered therein are free or otherwise, is not a dispensary as defined in section 19 above, and the only question to be determined is whether such an institution by displaying a certain sign is violating the provisions of said section 23.
The evident intent of the Legislature in enacting said section was to prevent individuals and corporations from deceiving people into believing institutions to be dispensaries which, in fact, were not. The enactment was clearly for the purpose of safeguarding the poor who rely upon the service of dispensaries.
The word “clinic" has been defined to mean an examination of diseased persons by medical professors in the presence of their pupils," and I think, in so far as that word is popularly understood, it is regarded as me
meaning a lecture or demonstration by a medical professor to his pupils.
The word does not of itself indicate a dispensary or the equivalent of one, but when used in connection with surrounding circumstances, it may convey, and be intended to convey, such a meaning.
You will note that section 23 is broad in its language, for among other things it prohibits
" Any person, corporation, institution, society, association or agent thereof, except a duly licensed dispensary, to display or cause to be displayed a sign or other thing which could directly or indirectly, or by suggestion, indicate the existence of the equivalent in purpose and effect,
of a dispensary.” In other words, the statute was so framed that there is not to be given to it a narrow meaning, but rather the larger meaning, that if a sign is displayed which would have the result of even suggesting that the place was a dispensary or its equivalent, that such conduct would constitute a misdemeanor.
In view of the intent and language of this statute, and in view also of the fact that the word “clinic” does not in itself mean a dispensary or its equivalent, it would be necessary to know the surrounding facts and cireumstances of each case before it could be determined whether there was a violation of the statute; and if, by reading such sign it would appear that people were deceived in believing that the “clinic” was a dispensary or the equivalent of one, then its use would clearly be a violation of the section of the statute above referred to.
If there should come to your knowledge any facts which would lead you to believe that there was an attempt to deceive people by the use of the word "clinic” in the cases referred to, in your letter, then it would be desirable to lay the facts before the District Attorney, and in this connection I call your attention to section 24 of the State Charities Law, which provides, among other things, that “Any person who wilfully violates any provisions of this act
is guilty of a misdemeanor
§ 295. Violation of article, misdemeanor. Any person who wilfully violates any of the provisions of this article, or any of the rules and regulations made and published under the authority of this article, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars.
$ 296. Obtaining surgical or medical treatment on false representations, misdemeanor. Any person who obtains medical or surgical treatment on false representations from any dispensary licensed under the provisions of this article, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars.
ARTICLE 16 Licenses for Placing Out Destitute Children Section 300. Definitions. 301. Placing out destitute child without license pro
§ 300. Definitions. When used in this article the term “destitute child” means an orphan, abandoned or destitute
, minor, under the age of sixteen years, who is an inmate of a public or private charitable institution or is maintained by or dependent upon public or organized charity. The term “ place out,” when used in this article, means the placing of a destitute child in a family, other than that of a relative within the second degree, for the purpose of providing a home for such child. The term “board,” when used in this article, means the state board of charities.
8 301. Placing out destitute child without license prohibited. It is hereby made unlawful for any person or corporation, other than a charitable or benevolent institution, society or association, or society for the prevention of cruelty to children, now or hereafter duly incorporated under the laws of this state, or a local officer charged with the relief of the poor and placing out in the manner now provided by law, to place out any destitute child, directly or indirectly, unless such person or corpo
ration shall be duly licensed, as hereinafter provided, by the state board of charities, to place out destitute children. Nor shall any local officer charged with the relief of the poor, directly or indirectly, place out any child or children in a family not residing within this state, nor employ any person as agent, deputy or proxy to find homes for, or to place out children unless such person shall be licensed by the state board of charities to place out children, or be regularly employed to place out children by one of the institutions, societies or associations above exempted. (As amended by chapter 449 of the Laws of 1910.)
In Supreme Court, November, 1901, People ex rel. Charles W. Spaulding v. The Board of Supervisors of Saratoga County, 66 App. Div. 117, the court said:
“That such resolution empowered the superintendent of the poor to employ Maybee to assist him in finding homes for indigent children, which was one of his official duties.
That the duty of placing children in the homes found by Maybee devolved upon the superintendent of the poor and not upon Maybee, and, therefore, that the fact that Maybee was not licensed by the State Board of Charities to ‘place out' children, as required by section of Chapter 264 of the Laws of 1898, did not render the contract of employment
invalid." Decision affirmed, 170 N. Y. 93, but order based upon decision, modified.
§ 302. Issue of licenses; revocation. The state board of charities is hereby authorized to issue licenses to such persons or corporations as apply therefor, and, in the judgment of said board, are proper to place out children, empowering such licensees to place out destitute children. Any such license may be revoked by said board, in its discretion, on reasonable notice to such licensee and after affording such licensee an opportunity to be heard before said board. The reason for not granting any such license within six months after application has been made therefor, or for revoking a license, shall be entered in full in the minutes of said board.
8 303. Record to be kept. Any person or corporation who shall place out a destitute child shall keep and preserve a record of the full name and actual or apparent age of such child, the names and residence of its parents, so far as known, and the game and residence of the person or persons with whom such child is placed. If such person or corporation shall subsequently re
move such child from the custody of the person or persons wit| whom it was placed, the fact of such removal and the disposition made of such child shall be entered upon such record.
§ 304. Visitation by state board of charities. The state board of charities, through any member, officer or duly au thorized inspector of said board, is hereby authorized to visit, in his discretion, any child under the age of sixteen years, not legally adopted, placed out by any person or corporation mentioned in section three hundred and one of this article, or by any person licensed by said board to place out destitute children.
(AS amended by chapter 258 of the Laws of 1909.)
§ 305. Religious faith. In every case where practicabl. any child placed out shall be placed with individuals of like religious faith as the parents of the child.
$ 306. Order prohibiting placing out of children: notice; revocation. Whenever the state board of charitie: shall decide by the affirmative vote of a majority of it: members that any person or corporation las placed out childre! for purposes of gain, or without due inquiry as to the character and reputation of the persons with whom such children are placed and with the result that such children are subjected to cruel or improper treatment or neglect or immoral sarroundings, the said board may issue an order prohibiting such person or corporation from thereafter placing out children. No such order shall be issued unless such person or corporation has had reasonable notice, with a copy of the charge, and an opportunity to be heard before said board, and a full record of the proceedings and decision on such hearings shall be kept by said board. Any such order issued by said board may be revoked by said board.
8 307. Certiorari to review decision. Any person or corporation who may feel aggrieved by the decision of the state board of charities in issuing any order pursuant to the provisions of section three hundred and six of this article, may apply to any judge of the supreme court in the judicial district in which such person resides, or in which the chief office of such corporation is