struction of the Deaf at Albany, or in any institution in the state, for the education of deaf-mutes, as to which 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. (As amended by chapter 213 of the Laws of 1875, and chapter 36 of the Laws of 1892.)

§ 3. Expense. The children placed in said institutions, in pursuance of the foregoing sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed three hundred dollars each per year, until they attain the age of twelve years, unless the directors of the institution to which a child has been sent shall find that such child is not a proper subject to remain in said institution. (As amended by chapter 213 of the Laws of 1875.)

§ 4. Id. The expenses for the board, tuition and clothing for such deaf-mute children, placed as aforesaid in said institutions, not exceeding the amount of three hundred dollars per year, above allowed, shall be raised and collected as are other expenses of the county from which said children shall be received; and the bills therefor, properly authenticated by the principal or one of the officers of the institution, shall be paid to said institution by the said county; and its county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county. (As amended by chapter 213 of the Laws of 1875.)

32. The schools of the several incorporated orphan asylum societies in this state, other than those in the city of New York, 8-VOL. 3

shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rules and regulations of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore.

1. ORPHAN ASYLUMS. Payment of public moneys for secular education of inmates. St. Mary's Boys' Orphan Asylum of the city of Rochester, incorporated under chapter 319 of the Laws of 1848, is neither a school nor an institution of learning within the meaning of section 4, of article 9 of the Constitution prohibiting the payment of public moneys to a denominational school or institution of learning, but on the contrary is an orphan asylum within the meaning of section 14 of article 8 of the Constitution permitting the payment of public moneys for the secular education of the inmates therein. 2. BOARD OF EDUCATION OF CITY OF ROCHESTER EXPRESSLY AUTHORIZED TO EMPLOY AND PAY TEACHERS. Under the charter of the city of Rochester (L. 1880, ch. 14, § 131, amd. L. 1898, ch. 660, § 127) and under the Consolidated School Law (L. 1894, ch. 556, tit. 15, art. 12, § 32) the board of education is not only expressly authorized to employ and pay teachers for the secular education of the inmates of such asylum but their employment for that purpose is imposed upon it as a duty.

3. SECTARIAN CONTROL IMMATERIAL. The fact that such asylum is controlled by a religious organization and that the teachers employed by the board of education, who were duly licensed to teach by the public authorities, were members of a sisterhood connected with such denominations, is immaterial, since the statute clearly recognizes the fact that the instruction of the inmates is neither practicable nor possible elsewhere than in the institution itself, and it is the duty of the board to provide for their secular education therein, regardless of the religious belief of those in control of the asylum.

The several

4. STATUTES AUTHORIZING EMPLOYMENT NOT MANDATORY. statutes under which the moneys are raised and paid over to the board of education for the purpose of defraying the expense of secular education in orphan asylums are not mandatory and, therefore, violative of the Constitution; but if they were they could properly be disregarded by the local authorities.

Supreme Court, November, 1902, Sargent v. Board of Education, 76 App. Div. 588; affirmed, Court of Appeals, January, 1904, 177 N. Y. 317; 79 N. Y. Supp. 127.

ARTICLE 14.

DEAF AND DUMB AND BLIND INSTITUTIONS.

40. All the institutions for the instruction of the deaf and dumb, and blind, and all other similar institutions, incorporated under the laws of the state, or that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty:

1. To inquire, from time to time, into the expenditures of each institution, and the systems of instruction, pursued therein, respectively.

2. To visit and inspect or cause to be visited and inspected, the schools belonging thereto, and the lodgings and accommodations of the pupils.

3. To ascertain by a comparison with other similar institutions, whether any improvements in instruction and discipline can be made; and for that purpose to appoint, from time to time, suitable persons to visit the schools.

4. To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient.

5. To make an annual report to the legislature on all the matters before enumerated, and particularly as to the condition of the schools, the improvement of the pupils, and their treatment in respect to board and lodging.

§ 41. All deaf and dumb persons resident in this state and upwards of twelve years of age, who shall have been resident in this state for one year immediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for one year immediately preceding the application, shall be eligible to appointments as state pupils in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils; and all blind persons of suitable age and similar qualifications shall be eligible to appointment to the Institution for the Blind in the City of New York, or in the village of Batavia, as follows: All such as are residents of the counties of New York, Kings, Queens, Suffolk, Nassau, Richmond, Westchester, Putnam and Rockland,

shall be sent to the Institution for the Blind in the City of New York. Those who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia. All such appointments, with the exception of those to the institution for the blind in the village of Batavia, shall be made by the superintendent of public instruction, upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educating and clothing such pupils shall be paid by their parents, guardians, or friends in such manner and at such times as the superintendent shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. (As amended by chapter 62 of the Laws of 1903.)

§ 42. Each pupil so received into either of the institutions aforesaid shall be provided with board, lodging and tuition; and the directors of the institution shall receive for each pupil so provided for, the sum of dollars per annum, in quarterly payments, to be paid by the treasurer of the state, on the warrant of the comptroller, to the treasurer of said institution, on his presenting a bill showing the actual time and number of such pupils attending the institution, and which bill shall be signed by the president and secretary of the institution, and verified by their oaths. The regular term of instruction for such pupils shall be five years; but the superintendent of public instruction may, in his discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this and the preceding section of this title shall be designated state pupils; and all the existing provisions of law applicable to state pupils now in said institution shall apply to pupils herein provided for.

§ 43. The superintendent of public instruction may make such regulations and give such directions to parents and guardians, in relation to the admission of pupils into either of the above-named institutions, as will prevent pupils entering the same at irregular periods.

§ 43-a. The supervisors of any county in this state from which county state pupils may be hereafter appointed to any institution

for the instruction of the deaf and dumb, whose parents or guardians are unable to furnish them with suitable clothing, are hereby authorized and required to raise in each year for this purpose for each such pupil from said county, the sum of thirty dollars. (Added by chapter 223 of the Laws of 1903.)

§ 43-b. Whenever a blind person, who is a citizen of this state and a pupil in actual attendance at a college, university, technical or professional school located in this state and authorized by law. to grant degrees, other than an institution established for the regular instruction of the blind, shall be designated by the trustees thereof as a fit person to receive the aid hereinafter provided for, there shall be paid by the state for the use of such pupil the sum of three hundred dollars per annum with which to employ persons to read to such pupil from text books and pamphlets used by such pupil in his or her studies at such college, university or school. (Added by chapter 608 of the Laws of 1907.)

§ 43-c. Such moneys shall be paid annually, after the beginning of the school year of such institution, by the treasurer of the state on the warrant of the comptroller, to the treasurer of such institution, on his presenting an account showing the actual number of blind pupils matriculated and attending the institution, which account shall be verified by the president of the institution and accompanied by his certificate that the trustees have recommended the pupils named in said account as provided in the last section. The trustees of any of the institutions named in the last section shall recommend no blind person, who is not regularly matriculated, and who is not in good and regular standing, and who is not working for a degree from the institution in which he or she is matriculated; and no blind person shall be recommended, who is not doing the work regularly prescribed by the institution for the degree for which he or she is a candidate. The moneys so paid to any such institution shall be disbursed for the purposes aforesaid by and under the direction of its board of trustees. (Added by chapter 608 of the Laws of 1907.),