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supported by the state and supported by public expense therein, the expense of such burial and headstone shall be a charge upon the county of his or her legal residence. It shall be the duty of the person or commission in this article provided prior to the annual meeting of the board of supervisors to make an annual re port to such board of supervisors of all applications since the last annual report for burial and the erection of tombstones as provided herein together with the amounts allowed; all applications herein referred to shall accompany said annual report and be placed and kept on file with the board of supervisors. (As amended by chapter 102 of the Laws of 1910, chapter 135 of the Laws of 1914, and chapter 147 of the Laws of 1915.)

ARTICLE 6-A

Added by Chapter 595, Laws of 1913.

Relief for Women Nurses

Section 86. Persons entitled to relief.

87. Application for relief; by whom made. 8 86. Persons entitled to relief. No poor or indigent woman who served not less than ninety days as a nurse in hospital, field or camp with the military or naval service of the United States, in the war of the rebellion, the Spanish-American war or the war of the Philippine insurrection, shall be sent to any almshouse, but shall be relieved and provided for at her home in the city or town where she may reside, so far as practicable, provided such woman nurse is, and has been a resident of the state for one year.

8 87. Application for relief; by whom made. Upon application being made by such woman nurse poor person to the superintendent of the poor of the county where such woman nurse poor person resides, or to any other officer charged with the support and relief of the poor, and on satisfactory proof being made that such woman nurse is a poor person as defined in this section, such superintendent or other officer or such proper auditing board of such city or town, or in those counties where the poor are a county charge, the superintendent, if but one, or superintendents of the poor, as such auditing boards in those counties, shall provide such sum or sums of money as may be necessary to be drawn upon by the president and treasurer of the New York State De partment of the National Association of Civil War Army Nurses made upon the written recommendation of such relief committee of such New York State Department of the National Association of Civil War Army Nurses, and such written request shall be sufficient authority for the expenditures to be made.

Immediately upon such relief and aid being provided for, the written recommendation of the relief committee of the New York State Department of the National Association of Civil War Army Nurses, and all other testimony and all facts relating thereto, together with a verified statement of the sum or sums of money expended shall be transmitted to the state board of charities. Such board shall examine all matters relating thereto and if satisfied that such expenditure was proper, and that the expenses thereof were actually and necessarily incurred in such care and support, shall audit and allow the amount of such expense, which when so audited and allowed shall be paid by the state treasurer, on the warrant of the comptroller, to the person incurring the same out of any money appropriated therefor. The amount of such aid and its duration shall be determined by the state board of charities. The New York State Department of the National

. Association of Civil War Army Nurses shall on the first day of January and the first day of July of each year furnish to the state board of charities a verified statement of the names and addresses of its officers, and the names and addresses of its relief committee. No person shall be aided under the provisions of this act who is receiving or may hereafter receive an annuity from this state.

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The term “poor person ” implies the necessity for public maintenance.

Article 6-a of the Poor Law, referring to any poor or indigent woman who served not less than ninety days as a nurse in a hospital, field or camp with the military or naval service of the United States," applies only to nurses employed by the United States. It does not include those employed by such voluntary agencies as the Sanitary Commission, the Christian Commission and the Red Cross Society.

The phrase, “poor or indigent woman ", does not include one whose maintenance has been provided for in a home for the aged supported by private benevolence.

INQUIRY.
Section 86 of the Poor Law, added in 1913, provides as follows:

“No poor or indigent woman who served not less than ninety days as a nurse in hospital, field or camp with the military or naval service of the United States, in the war of the rebellion, the Spanish-American war or the war of the Philippine insurrection, shall be sent to any almshouse, but shall be relieved and provided for at her home in the city or town where she may reside, so far as practicable, provided such woman nurse

is, and has been a resident of the state for one year.” Is a person whose service as nurse was not in the employ of the United States, but under the control of the Sanitary Commission, the Christian Commission or the Red Cross Society, entitled to be classed among those described in the act?

Is a person maintained in a home for the aged supported by private benevolence, to which she has been admitted through the activity of her friends, intended to be covered by the phrase

a poor or indigent woman?”

OPINION. During the Civil War a large amount of relief work for sick and wounded soldiers was done by voluntary workers guided by the Sanitary Commission and the Christian Commission, and during the Spanish-American War and the Philippine insurrection, work of a similar kind was done under the auspices of the Red Cross Society. Nurses acting under the direction of these societies were not under direct military control, and were only in a remote sense serving with the military or naval service. They were voluntary helpers and were not properly spoken of as serving “with " the army or navy.

I am of the opinion that such service was not intended by the legislature to be included as a basis for the assistance granted by the statute, and my conclusion is fortified by the very great difficulty of determining what constituted such service in the case of persons having no regular official period of service.

The article in question contains in section 87 the phrase & poor person as defined in this section ", but the section lacks the definition referred to. In section 2 of the Poor Law is the definition of a poor person as

one unable to maintain himself.” It is clear that this definition implies the necessity for public maintenance, and a person maintained for life in a private institution is therefore not a poor person” or a “poor or indigent woman " within the definition in the act. Dated, March 16, 1914.

THOMAS CARMODY,

Attorney-General To Hon. ROBERT W. HILL, Superintendent State and Alien Poor, State Board

of Charities, Albany, N. Y.

ARTICLE 7

State Poor

Section 90. Who are state poor, and how relieved.

91. Notice to be given to county clerks of location of

state alms-house. 92. State poor to be conveyed to state alms-house. 93. Punishment for leaving alms-house. 94. Expenses for support. 95. Duty of keeper; superintendent of state and alien

poor to keep record of names. 96. Visitation of alms-house. 97. Insane poor. 98. Care and binding out of state poor children. 99. Transfer to other states or countries. 100. Powers of superintendent of state and alien poor. 101. Indian poor persons; removal to county alms-house. 102. Contracts for support of Indian poor persons. 103. Expenses for support of Indian poor persons. 104. Duty of keepers; superintendent of state and alien

poor to keep record. $ 90. Who are state poor, and how relieved. Any poor person who shall not have resided sixty days in any county in this state within one year preceding the time of an application by him for aid to any superintendent or overseer of the poor, or other officer charged with the support and relief of poor persons, shall be deemed to be a state poor person, and shall be maintained as in this article provided. The state board of charities shall, from time to time, on behalf of the state, contract for such time, and on such terms as it may deem proper, with the authori. ties of not more than fifteen counties or cities of this state, foi the reception and support, in the alms-houses of such counties or cities respectively, of such poor persons as may be committed thereto. Such board may establish rules and regulations for the discipline, employment, treatment and care of such poor persons, and for their discharge. Every such contract shall be in writing, and filed in the office of such board. Such alms-houses, while

used for the purposes of this article, shall be appropriately designated by such board and known as state alms-houses. Such board may from time to time, direct the trausfer of any such poor person from one alms-house to another, and may give notice from time to time to counties, to which alms-houses they shall send poor persons.

§ 91. Notice to be given to county clerks of location of state alms-house. Such board shall give notice to the county clerks of the several counties of the location of each of such alms-houses, who thereupon shall cause such notice to be duly promulgated to the superintendents and overseers of the poor, and other officers charged with the support and relief of poor persons in their respective counties. A circular from the superintendent of state and alien poor appointed by such board shall accompany such notice, giving all necessary information respecting the commitment, support and care of the state poor in such alms-houses, according to the provisions of this article.

$ 92. State poor to be conveyed to state alms-house. County superintendents of the poor, or officers exercising like powers, on satisfactory proof being made that the person so applying for relief as a state poor person, as defined by this chapter, is such poor person, shall, by a warrant issued to any proper person or officer, cause such person, if not a child under sixteen years of age, to be conveyed to the nearest state alms-house, where he shall be maintained until duly discharged, but a child under two years of age may be sent with its mother, who is a state poor person, to such state alms-house, but not longer than until it is two years

All testimony taken in any such proceeding shall be forwarded, within five days thereafter, to the superintendent of state and alien poor, and a verified statement of the expenses incurred by the person in making such removal shall be sent to such superintendent. Such board shall examine and audit the same, and allow the whole, or such parts thereof, as have been actually and necessarily incurred; provided that no allowance shall be made to any person for his time or service in making such removal. A11 such accounts for expense, when so audited and allowed, shall be

of age.

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