Subdivision 7 authorizes the Board to aid in securing the establishment and maintenance of such industrial, educational and moral training in institutions having the care of children as is best suited to the needs of the inmates. By subdivision 8 the Board is authorized to “establish rules for the reception and retention of inmates of all institutions which, by section 14 of Article VIII of the Constitution, are subject to its supervision." And by subdivision 11 to "collect statistical information in regard to the property, receipts and expenditures of all institutions, societies and associations subject to its supervision; and the number and condition of the inmates thereof and of the poor requiring public relief." By section 11 of the same act it is provided that on visits by the Board inquiry shall be made to ascertain (among other things): 66 "3. The sources of public moneys received for the benefit of such institution, as to the proper and economical expenditure of such moneys and the condition of the finances generally. 4. Whether the objects of the institution are being accomplished. 5. Whether the laws and rules and regulations of this Board in relation to it are fully complied with *. 9. The condition of its grounds, buildings and other property. 10. Any other matter connected with or pertaining to its usefulness and good management." Section 17 of the act provides that "The State Board of Charities shall annually report to the Legislature its acts, proceedings and conclusions for the preceding year with results and recommendations, which report shall include the information obtained in its enquiries and investigations, and from the reports made to it, as in this chapter provided, give a complete and itemized statement of expenditures for state poor, and of such other matters relating to the institutions subject to its visitations as it may deem necessary or proper." This section further provides that the Board shall collect and report information relating to all institutions subject to its visitations and respecting the best manner of dealing with those requiring assistance from the public funds or who receive aid from private charity. And all officers of such institu tions shall annually furnish the statistics required by said Board. It thus appears by section 17 that the provisions requiring the Board to report to the Legislature the information obtained in its inquiries and investigations and from the reports to it made by the institutions giving a complete and itemized statement of expenditures for State poor are mandatory, while that portion of this section referred to in your communication rests in the discretion of the Board. It is therefore my opinion that your Board has full power to inquire into and is required to report upon the ordinary maintenance expenses of all State charitable institutions. Respectfully yours, JOHN C. DAVIES, Attorney-General. 3. The sources of public moneys received for the benefit of such institution, as to the proper and economical expenditure of such moneys and the condition of the finances generally. 4. Whether the objects of the institution are being accomplished. 5. Whether the laws and the rules and regulations of this board, in relation to it, are fully complied with. 6. Its methods of industrial, educational and moral training, if any, and whether the same are best adapted to the needs of its inmates. 7. The methods of government and discipline of its inmates. 8. The qualifications and general conduct of its officers and employees. 9. The condition of its grounds, buildings and other property. 10. Any other matter connected with or pertaining to its usefulness and good management. § 13. Investigations of institutions. The board may direct an investigation, by a committee of one or more of its members, of the affairs and management of any institution, society or association subject to its supervision, or of the conduct of its officers and employees. The commissioner or commissioners designated to make such investigation are hereby empowered to issue compulsory process for the attendance of witnesses and the production of papers, to administer oaths, and to examine persons under oath, and to exercise the same powers in respect to such proceeding as belong to referees appointed by the supreme court. If § 14. Orders of board directed to institutions. it shall appear, after such investigation, that inmates of the institution are cruelly, negligently or improperly treated, or inadequate provision is made for their sustenance, clothing, care, supervision or other condition necessary to their comfort and well being, said board may issue an order, in the name of the people, and under its official seal, directed to the proper officers or managers of such institution, requiring them to modify such treatment or apply such remedy, or both, as shall therein be specified; before such order is issued, it must be approved by a justice of the supreme court, after such notice as he may prescribe and an opportunity to be heard, and any person to whom such an order is directed who shall wilfully refuse to obey the same, shall, upon conviction, be adjudged guilty of a misdemeanor. The State Board of Charities has power to enforce its orders for correction of evils and abuses in almshouses and other institutions under its supervision. STATE OF NEW YORK, ROBERT W. HEBBERD, Esq., Secretary, State Board of Charities, Capitol, Albany, N. Y.: DEAR SIR.I beg to acknowledge receipt of your communications dated June 27 and July 6, to which I reply herewith. You call my attention to conditions existing in certain charitable institutions throughout the State, and recite as examples that in one almshouse the sick are not supplied with proper nurses; that in another there is great overcrowding in the attic of the institution which is used, but not originally inlaw tended, for dormitory purposes, which use is occasioned by local poor officers committing able bodied inmates, some of whom at least should be sent to county jails as vagrants; that elsewhere boards of supervisors have failed to make provision for the erection of suitable buildings although the necessity for such construction has frequently been brought to their attention; and that in some institutions, necessary provisions for fire protection have not been made. My attention is directed to sections 13 and 14 of the State Charities Law, which vest in the State Board of Charities certain powers and impose upon it certain duties in reference to the investigation and correction of evils existing in the administration of all institutions of a charitable, eleemosynary, reformatory or correctional character or design, including reformatories (except those under the supervision of and subject to the inspection of the Prison Commission). Section 13 provides that the Board may direct an investigation of the affairs of any such institution and empowers it to issue compulsory processes for the attendance of witnesses and to administer oaths and to exercise the same powers in respect to such proceedings as belong to referees appointed the Supreme Court Section 14 is as follows: "§ 14. Orders of board directed to institutions. If it shall appear, after such investigation, that inmates of the institution are cruelly, negligently or improperly treated, or inadequate provision is made for their sustenance, clothing, care, supervision or other condition necessary to their comfort and well being, said board may issue an order, in the name of the people, and under its official seal, directed to the proper officers or managers of such institution, requiring them to modify such treatment or apply such remedy, or both, as shall therein be specified; before such order is issued, it must be approved by a justice of the Supreme Court, after such notice as he may prescribe and an opportunity to be heard, and any person to whom such an order is directed who shall wilfully refuse to obey the same, shall, upon conviction, be adjudged guilty of a misdemeanor." The specific question laid before me is whether or not section 14 is sufficiently broad enough to cover situations in institutions as above described. The general powers and duties of the State Board of Charities are, in a large measure, of a directory and advisory character. Section 9 of the State Charities Law, which prescribes those general powers and duties, seems to indicate that the duties of the Board consist mainly in aiding or advising in, or approving or disapproving of, the organization or management of charitable institutions. But the exercise of such functions would undoubtedly be of little or no value without vesting in the Board some means to exercise its Influence and to enforce upon the management of these institutions such method of conducting them as in the judgment of the Board seems fitting and proper. For this reason, evidently, the Legislature enacted section 14 which gives to the Board a means of enforcing its orders. It will be noted that this statute is extremely broad, and states that after it has been established as a matter of fact by an investigation conducted in accordance with the provisions of section 13, that the inmates of institutions are not properly cared for and inadequate provision is made for their care and sustenance, the Board If section may make such specific orders as will correct these conditions. 14 means anything, it is that the State Roard of Charities can issue orders to correct such conditions as you state exist. My opinion, therefore, is that if it appears to the Board, after making proper investigation, that these facts exist as above recited, such orders as are specified in section 14 may be issued to correct the conditions. Yours very respectfully, EDWARD R. O'MALLEY, § 15. Correction of evils in administration of institutions. The state board of charities shall call the attention of the trustees, directors or managers of any such institution, society or association, subject to its supervision, to any abuses, defects or evils which may be found therein, and such officers shall take proper action thereon, with a view to correcting the same, in accordance with the advice of such board. § 16. Duties of the attorney-general and district attorneys. If, in the opinion of the board or any three members thereof, any matter in regard to the management or affairs of any such institution, society or association, or any inmate or person in any way connected therewith, require legal investigation or action of any kind, notice thereof may be given by the board, or any three members thereof, to the attorney-general, and he shall thereupon make inquiry and take such proceedings in the premises as he may deem necessary and proper. It shall be the duty of the attorney-general and of every district attorney when so required, to furnish such legal assistance, counsel or advice as the board may require in the discharge of its duties. A poor § 17. State, nonresident and alien poor. person shall not be admitted as an inmate into a state institution for the feeble-minded, or epileptics, unless a resident of the state for one year next preceding the application for his admission. The state board of charities, and any of its members or officers, may, at any time, visit and inspect any institution subject to its supervision to ascertain if any inmates supported therein at a state, county or municipal expense are state charges, nonresidents or alien poor; and it may cause to be removed to the state or country from which he came any such nonresident or alien poor found in any such institution. § 18. Transfers of inmates of state charitable institutions. When, in the judgment of the state board of charities, any inmate of any state charitable institution more properly belongs in a state charitable institution other than the one to which he or she was originally committed, or would be benefited by transfer to any other state charitable institution, the state board of charities with the written approval of the gov ernor may order such transfer of such inmate. Before issuing such order the state board of charities shall notify the board of managers of the institution from which and of the institution to which such transfer is to be made, and shall afford them an opportunity to be heard. Copies of such order shall be sent to the boards of managers and the superintendents of the institution. where the inmate then is and of the institution to which he or she is to be transferred. The authorities of the institution to which such inmate is to be transferred shall, at the expense of such institution, provide for the conveyance of such inmate from such other state charitable institution as may be designated by the state VOL. 3 2 |