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it shall be the duty of said board, commission or officer to comply as soon as possible with the recommendations made by the state fire
marshal. Section 80 of the Public Buildings Law provides in part:
“ It shall be the duty of each superintendent or chief executive officer of each of the public institutions of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be
complied with: Then follow forty lines or more of minute directions as to fire hose, extinguishers, fire escapes, use of inflammable materials and to the prevention of fire generally.
To refer to an earlier opinion on the scope of the Fire Marshal's authority, it was found that the marshal is to enforce all State laws relating to fire prevention. As applied to the Labor Law, it was said that he should enforce the statutes relatiny to fires as he finds them, and that acting ministerially, he should merely enforce the specific provisions of the statute without adding thereto any regulations of his own. (Attorney-General's report for 1912, Vol. 2, page 306.)
But the principle laid down there does not have direct application here, for the Fire Marshal Law in section 355 quoted above provides specially for public buildings. Under section 351, the marshal is given general authority to enforce all State laws and the Labor Law is one of these. But as regards buildings of institutions supported by the State, he is given a larger authority to make recommendations.
I am therefore, of the opinion that although section 80 of the Public Buildings Law provides in precise language the kind of protection to be provided, yet by reason of section 355 of the Insurance Law, treating specially of public buildings, the marshal's duty is to see not only that the regulations of the Public Buildings Law are carried out, but to supplement the statute with his own regulations where he deems the statute inadequate. Dated, October 10, 1912.
Attorney-General, To Hon. SAMUEL J. TILDEN, Fiscal Supervisor, State Charities, Albany, N. Y.
Northern New York Institution for Deaf-Mutes,
AN ACT in relation to the Northern New York Institution for
Deaf-Mutes, at Malone, New York.
Chapter 275, Laws of 1884. Section 1. Institution may receive pupils, etc. The Northern New York Institution for Deaf-Mutes at Malone, is hereby authorized to receive deaf and dumb persons, between the ages of twelve and twenty-five years, eligible to appointment as state pupils, and who may be appointed to it by the superintendent of public instruction, and the superintendent of public instruction is authorized to make appointments to the aforesaid institution.
8 2. Supervisors, etc., may send pupils under provisions of law named. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Northern New York Institution for Deaf-Mutes, deaf and dumb persons between the ages of six and twelve years, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three, as amended by chapter two hundred and thirteen of the laws of eighteen hundred and seventy-five. Provided that before any pupils are sent to said institution the board of state charities shall have made and filed with the superintendent of public instruction a certificate to the effect that said institution has been duly organized and is prepared for the reception and instruction of such pupils.
State Commission for the Blind,
AN ACT to establish a state commission for improving the condi
tion of the blind of the state of New York, and making an appropriation therefor.
Chapter 415, Laws of 1913. 8 1. There shall be established a state commission, to be known as the New York state commission for the blind, consisting of five persons to be appointed by the governor within sixty days after the passage of this act. No person appointed to this commission shall serve thereon while serving as an official of any workshop or school wherein blind people may be placed.
§ 2. The full term of office of the members of this commission shall be five years. But of the first commission appointed, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. At the expiration of the term of any member of the commission, his successor shall be appointed for a term of five years.
§ 3. It shall be the duty of this commission to cause to be maintained a complete register of the blind in the state of New York, which shall describe the condition, cause of blindness, capacity for education and industrial training of each, with such other facts as may seem to the commission to be of value.
§ 4. The commission shall maintain or cause to be maintained one or more bureaus of information and industrial aid, the object of which shall be to aid the blind in finding employment and to teach them trades and occupations which may be followed in their homes.
§ 5. The commission may establish one or more schools for industrial training and workshops for the employment of suitable blind persons, and shall be empowered to equip and maintain the same, to pay to employees suitable wages, and to devise means for the sale and distribution of the products thereof. The commission may also pay for, during their training, the temporary lodging and support for pupils or workmen received at any industrial school or workshop established by it or other establishments in which the blind are now or may hereafter be received and instructed, when in its judgment the efficiency of such blind persons will thereby be promoted.
8 6. The commission may ameliorate the condition of the blind by promoting visits among them and teaching them in their homes, as the commission may deem advisable.
§ 7. It shall be the duty of this commission to continue to make inquiries concerning the cause of blindness, to learn what proportion of these cases are preventable, and to inaugurate and co-operate in any such preventive measures for the state of New York as may seem wise.
8 8. The commission may appoint such officers and agents as may be necessary and fix their compensation within the limits of the annual appropriation, in all cases, giving preference to blind persons of equal efficiency, but no person employed by the commission shall be a member thereof. It shall make its own by-laws, and shall annually, on or before the first day of January, make a report to the governor and the legislature of its proceedings up to and including the thirtieth day of September preceding, embodying therein a properly classified and tabulated statement of its receipts and expenditures. The commission shall make a classified and tabulated statement of its estimate for the year ensuing, to the governor on or before the first day of January in each year. The annual report shall also present a concise review of the work of the commission for the preceding year, with such suggestions and recommendations for improving the condition of the blind and preventing blindness as to it may seem expedient.
§ 9. There may be advanced to the chairman of said commission out of the treasury of the state annually, from the amount appropriated for the maintenance of the industries under its supervision, such sum as may be necessary, not exceeding five thousand dollars ($5,000) at any one time, to be used as a working capital for said industries. Said sum when drawn from the treasury of the state shall be deposited in a national bank or trust company to the credit of the chairman of the commission as such, who shall give a bond in such sum and with such sureties as the comptroller may approve.
§ 10. The commission shall keep separate books of account for its industries, and may use all moneys received from the sale of any products made at its workshops, or from the sale of products made under its supervision to which it has title, for the purpose of carrying on its said industries. The comptroller, or some person authorized by him, shall at least once in each year, and oftener if he deems it advisable, examine the books, accounts and vouchers of the commission.
8 11. The members of the commission shall receive no compensation for their services, but their traveling and other necessary expenses incurred in the performance of their official duties shall be audited by the comptroller and paid by the treasurer of the state, out of moneys that may be appropriated therefor.
§ 12. The sum of ten thousand dollars ($10,000), or so much
thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for carrying out the objects and purposes of this act, to be paid by the state treasurer upon the warrant of the comptroller to the order of such commission.
State Industrial Farm Colony. AN ACT in relation to a farm and industrial colony for tramps
Chapter 812, Laws of 1911. Section 1. Establishment and purpose. A state industrial farm colony is hereby established for the detention, humane discipline, instruction and reformation of male adults committed thereto as tramps or vagrants.
8 2. Board of managers; appointments; powers and duties. The said colony shall be under the control and management of a board of seven managers to be appointed by the governor by and with the advice and consent of the senate, in accordance with the provisions of section fifty-one of the state charities law. Such managers shall serve without compensation but shall be entitled to their actual and necessary traveling expenses in the performances of their official duties. The governor shall have power to remove any member or members of the said board of managers for cause after an opportunity to be heard. The said board's control of the said colony shall include among other things:
a. The election of the officers of the said board.
b. The appointment of a superintendent and such other employees as the said board shall deem proper.
c. The establishment and alteration of rules and regulations for the management of the said colony, including the classification, parole, discharge and retaking of inmates, and a system of compensation and credits, by marks or otherwise.
3. The said board of managers shall ascertain whether any lands now owned by the state are suitable for use as a site for the said farm and industrial colony and available therefor.* If the said board of managers shall find that any lands now owned by the state are
* Green Haven has been selected as the site of the State Industrial Farm Colony.