The New York State Training School for Girls is maintained under the State Charities Law for the reception of females under the age of sixteen years committed thereto by magistrates.

Subdivision 2 of section 202 of the State Charities Law gives the superintendent of the New York State Training School for Girls, subject to the direction and control of the board of managers, the power to make such rules, regulations and orders as may seem to be proper or necessary for the government of such institution and for the employment, discipline and education of the inmates thereof. Under this section of the State Charities Law, the superintendent of the institution, subject to the approval of the board of managers, may adopt rules or regulations regarding letters offered by inmates for mailing and letters received at the institution for such inmates. Such rules may, within the ruling of the Post Office Department, provide as follows:

First. That no letter be sent out by inmates of the school until such letters have first been submitted to the superintendent for examination and approval. Second. That all inmates be required to sign a consent permitting the superintendent to examine, deliver, withhold or destroy letters received at the institution addressed to such inmate.

Third. That letters received for any inmate be treated as undeliverable when such inmate has refused to sign such consent.

In my opinion, therefore, it is improper to open letters addressed to girls at the institution without the consent of such girls. Such letters should be merely treated as undeliverable.

(See also Report of Attorney-General, 1910, page 941.)

As to girls who have been paroled from the institution, the person in whose charge the girl has been placed cannot, in my opinion, examine, withhold, detain, or destroy letters addressed to or mailed by such girl, without the express consent of the girl. The institution can of course require that such girl sign a consent giving such right to the person in whose charge the girl is placed, as a condition for granting the parole.

Dated, March 20, 1913.

THOMAS CARMODY,
Attorney-General.

TO HORTENSE V. BRUCE, Superintendent, New York State Training School for Girls, Hudson, New York.

STATE CHARITIES LAW, SECTIONS 199-206- LETTERS - COMMUNICATION OF INMATE WITH MOTHER. The board of managers of the New York State Training School for Girls is vested with discretion to prevent an inmate from communicating with persons outside the institution. Hortense V. Bruce, Superintendent New York State Training School for Girls at Hudson, submitted an inquiry as to the authority of the board of managers of that institution to forbid correspondence between a girl in the school and her mother. The facts in the case are that one of the inmates is a girl whose father and mother are separated and the girl corresponds regularly with the father, investigation having shown the father to be of good character while the mother is a woman of doubtful character. The mother has demanded the privilege of corre spondence.

OPINION.

The general principles controlling the delivery of letters to inmates of the Girls' Training School were fully considered in an opinion printed at page 172 of the Attorney-General's Report for 1913 and dated March twentieth. The question is therefore narrowed to your right to prevent an inmate from communicating with outsiders. An examination of the State Charities Law, sections 199 to 206 inclusive, makes it clear that a girl may be committed to your institution because of a lack of proper guardianship on the part of her parents and because of improper home surroundings. A mother of immoral life may constitute a menace to her daughter, and the general powers placed in our courts may bring about the removal of the daughter from such an evil. They have power to commit "all girls not over sixteen years of age as vagrants or on conviction of any criminal offense." S. C. L. § 199. Or “if she is found associating with vicious or dissolute persons or is wilfully disobedient and is in danger of becoming morally depraved." S. C. L. § 204. The superintendent has powers which are subject to the direction and control of the board of managers to make such rules, regulations and orders, as may seem to her proper and necessary for the employment, discipline and education of the inmates thereof." S. C. L. § 202. It is further provided that "every female shall continue to be a ward of such institution until she becomes of the age of twenty-one." S. C. L. § 204.

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I am of the opinion therefore that the institution stands in place of the parent. Whether communication with the natural parent or other person shall be permitted depends upon the exercise of a sound discretion by the responsible officers of the school. The best interests of the ward are the controlling factors in the appointment of the guardian. Wilcox v. Wilcox, 14 N. Y. 75; People ex rel. Pruyne v. Walts, 122 id. 238. Where the guardian is once designated, without restrictions as in this case, the full control of the child's person passes to the guardian who assumes all the duties, powers and control which the parents formerly exercised. People ex rel. Brooklyn Industrial School v. Kearney, 31 Barb. 430, and cases cited supra.

Where the officers of the Girls' Training School believe therefore that the education of an inmate is apt to be impeded or her moral welfare endangered by communication with outsiders, they are justified in preventing such communication, even with the inmate's parents. Dated February 17, 1914.

THOMAS CARMODY,
Attorney-General.

§ 203. Oaths and bonds. Each manager and superintendent of such institution shall take the constitutional oath of office and the superintendent shall execute a bond to the people of this state in the sum of five thousand dollars with sureties approved by the state comptroller, which shall be filed in the office of the comptroller. The manager appointed as treasurer of such institution shall give a bond in such amount as the comptroller may direct. The comptroller may require other officers of such institution to give a bond if in his opinion the interests of the state demand it.

§ 204. Commitments; papers furnished by committing magistrates. 1. Whenever any female not over the age of sixteen years shall be brought before any court or committing magistrate, and it shall appear to the satisfaction of such court or magistrate by the confession of such female, or by competent testimony, that such female frequents reputed houses of prostitution or assignation, or frequents the company of thieves or prostitutes, or is found associating with vicious and dissolute persons or is wilfully disobedient to parent or guardian, and is in danger of becoming morally depraved; or is of intemperate habits, or is a vagrant or is guilty of any criminal offense, and who is not insane nor mentally or physically incapable of being substantially benefited by the training and discipline of such institution, she may be sentenced and committed to the New York State Training School for Girls, or placed in charge of the board of managers thereof, to be there confined under the provisions of law relating to such institution, but no person under the age of twelve years shall be committed to such institution for any crime or offense less than a felony, and no commitment made under this section which shall recite the facts upon which it is based, shall be deemed or held to be invalid by reason of any imperfection or defect in form. No person shall be committed to such institution nor placed in the charge of the board of managers thereof for a definite term, but any such person may be paroled or discharged at any time after her commitment, by the board of managers of such institution. Any such female under the age of fifteen years when so committed or placed in charge of the board of managers of said school, shall not be retained therein for a longer period than until she becomes of the age of eighteen; and such females, fifteen years of age or over, when so committed, shall not be detained for a period longer than three years from the time of such commitment. Every such female shall continue to be a ward of such institution until she becomes of the age of twenty-one years, notwithstanding her parole or discharge therefrom, and it shall be the duty of said board of managers to continue to exercise over her such control as may be necessary for her welfare during her said minority as a ward of said institution; and if deemed by said board of managers necessary for her welfare or for her protection of evil associations or companionship,

said board may return her temporarily to said institution at any time during her said minority. If any such female shall marry during her said minority such wardship shall thereupon terminate. (As amended by chapter 486 of the Laws of 1911.)

2. The board of managers of such institution shall furnish the several county clerks of the state with suitable blanks for the commitment of females thereto. Such county clerks shall immediately notify the magistrates of their respective counties of the reception of such blanks and that upon application they will be furnished to them.

3. The magistrate committing a female, pursuant to this section, shall immediately notify the superintendent of the institution to which the commitment is made of the conviction of such female, and shall cause a record to be kept of the name, age, birthplace, occupation, previous commitments, if any, and for what offenses; the last place of residence of such female, and the particulars of the offense for which she is committed. The magis trate shall also execute a warrant of commitment, which shall recite the facts upon which it is based, and the name, age, birthplace, occupation, previous commitments, if any, and for what offenses, and the last place of residence of such female. This warrant of commitment shall be delivered to a person authorized by law to accompany such female to the institution, and shall be delivered by such person to the superintendent of such institution, who shall cause the facts stated therein, and such other facts as may be directed by the board of managers, to be entered in a book of record. This warrant of commitment shall constitute the only paper requisite to a commitment to this institution.

4. Such magistrate shall, before committing any such female, inquire into and determine the age of such female at the time of commitment, and her age as so determined shall be stated in the warrant. The statement of the age of such female in such warrant shall be conclusive evidence as to such age, in any action to recover damages for her detention or imprisonment under such warrant, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention or imprisonment. If the court or magistrate shall omit to insert in the warrant of commitment the age of any delinquent committed to such school, the managers shall as soon as may be after such delinquent shall be received by them, ascertain her age by the

best means in their power, and cause the same to be entered in a book to be designated by them for that purpose, and the age of such delinquent thus ascertained shall be deemed and taken to be the true age of such delinquent. (As amended by chapter 340 of the Laws of 1909, and chapter 449 of the Laws of 1910.)

Boards of Managers have no right to disregard the commitment of the court, and refuse to admit new inmates on the ground that proper accommodations cannot be had. Overcrowded conditions should be referred to the State Board of Charities for adjustment.

STATE OF NEW YORK,

ATTORNEY-GENERAL'S OFFICE,
ALBANY, August 23, 1910.

CHARLES H. STRONG, Esq., President, Board of Managers, New York State Training School for Girls, Hudson, N. Y.:

DEAR SIR. Referring to my letter of the 21st ultimo to your superintendent in reference to the right of your institution to refuse to accept new pupils and inmates on the ground that you had no proper accommodations for them, and to your letter to me of the 12th inst., in which you set forth your views of the statute, permit me to advise you as follows:

The question presented is whether your board of managers has the right to instruct your superintendent to refuse to accept girls regularly committed to your institution by a court of competent jurisdiction, on the ground that in the judgment of the board there are no proper accommodations for such additional inmates. You point out in your letter that the total possible capacity of the institution is 379, which includes nine rooms in the main building which is designed for officers only and which under the policy of your board, has not been used for housing any girls. This estimate also includes ninety-three rooms in "Stuyvesant," the so-called prison building, which has been condemned. I note that it is your fixed policy to transfer all inmates from this building to other cottages and that you do not care to be responsible for placing girls in this building. Your actual population is 324, not counting ten babies. The capacity under the above exceptions is 277. The only actual vacant rooms in the institution are in "Lowell" in which the most vicious and unmanageable of the girls are housed, and in this condemned building.

The Superintendent of Prisons has recently complained that various sheriffs had reported your refusal to receive girls committed to your institution. After the receipt of this communication I had a conference with vour superintendent and with the secretary of the State Board of Charities, to which your institution is subject. As a result of this conference it would seem that it is the opinion of the secretary of the State Board of Charities that it would be physically possible for your institution, by making certain rearrangements, to care for more inmates than you now have, and the secretary himself stated that there was, in his opinion, no sufficient reason for refusal in case you should be cited by the court to explain your dis obedience of the commitment.