of the supreme court after notice and hearing, or by indictment by the grand jury of the county or both. [L. 1895, ch. 771, §§ 8, 9 and 10, and subd. 12, superseding L. 1873, ch. 571, § 4; R. S., 8th ed., p. 2140, L. 1867, ch. 951, §§ 4, 5, 6; R. S., 8th ed., without change in substance.] § 11. Powers and duties of board on visits and inspections.— On such visits, inquiry shall be made to ascertain: 1. Whether all parts of the state are equally benefited by the institutions requiring state aid. 2. The merits of any and all requests on the part of any such institution for state aid, for any purpose, other than the usual expenses thereof; and the amount required to accomplish the object desired. 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 employes. 9. The condition of its grounds, buildings and other property. 10. Any other matter connected with or pertaining to its usefulness and good management. [L. 1895, ch. 771, § 10, subs. 1-11, without change in substance.] § 12. 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 employes. The commissioner or commissioners designated to make such investigation are hereby empowered to issue compulsory process for the attendance of witnesses and the produc tion 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. [L. 1895, ch. 771, § 12, without change in substance.] § 13. 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 willfully refuse to obey the same, shall, upon conviction, be adjudged guilty of a misdemeanor. [L. 1895, ch. 771, § 13, without change in substance. § 14. Correction of evils in administration of institutions.The state board of charities shall call the attention of the trus tees, 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. [L. 1895, ch. 771, § 14, without change in substance.) § 15. 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. [L. 1895, ch. 771, § 17, superseding L. 1873, ch. 571, § 5; R. S., 8th ed., p. 2140, § 16. State, nonresident and alien poor.-A 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. [The first sentence of section is taken from L. 1880, ch. 549 (supply bill), extract from § 1. The remainder of section is new.] § 17. Reports of state board of charities.-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 inquiries and investigations, and from the reports made to it as in this chapter provided, giving 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. The board shall collect, and so far as it shall deem advantageous, embody in its annual reports, such information as it may deem proper relating to all institutions, subject to the visitation of the board and respecting the best manner of dealing with those who require assistance from the public funds, or who receive aid from private charity, and represent its views as to the best methods of caring for the poor and destitute children who may be distributed through the various institutions of the state, or who may be without instruction or guidance, and furnish in tabulated statements, as nearly as possible, the number, sex, age and nativity of persons in this state, and in the several counties thereof, who are in any way receiving the aid of public, private or organized charity, with any other particulars it may deem proper. And all officers of such institutions shall furnish such statistics on or before the first day of November, in each and every year for the preceding fiscal year, as may be required by said board; and every person refusing to do so, in violation of this section without reasonable excuse, shall be subject to a penalty of one hundred dollars, to be sued for in the name of the people by the attorney-general of the state, upon his receiving written notice from the state board of charities of such refusal. The annual reports of the board may, in its discretion, present the designs and plans and the general estimates for buildings and improvements, which it may deem necessary for any state charitable institution, with the opinion of the board respecting any appropriation required as asked in behalf of such institution, other than for maintenance or ordinary purposes. The board may, in its discretion, and shall, when required by the governor, or either house of the legislature, make other and special reports. [L. 1895, ch. 771, § 18, superseding L. 1873, ch. 571, § 7; R. S., 8th ed., p. 2139, § 18. Institutions for the deaf and dumb and the blind.— Insti. tutions for the deaf and dumb and the blind shall be subject to such visitation and inspection by the state board of charities as the constitution provides, but nothing in this article shall be deemed to take from the comptroller of the state any power which he now has to audit and supervise the expenditures made on account of the institutions for deaf-mutes and for the blind. [L. 1895, ch. 771, § 11, without change in substance.] ARTICLE II. State Charities' Aid Association. Section 30. Visits by the state charities' aid association. 31. Duties of officers in charge of institutions; enforcement of orders. 32. Annual reports. Section 30. Visits by the state charities' aid association.- Any justice of the supreme court, on written application of the state charities' aid association, through its president or other officer designated by its board of managers, may grant to such person as may be named in such application, orders to enable such persons, or any of them, as visitors of such association to visit, inspect and examine, in behalf of such association any of the public charitable institutions and state hospitals for the insane owned by the state, and the county, town and city poor-houses and alms-houses within the state. The persons so appointed to visit, inspect and examine such institutions shall reside in the counties from which such institutions receive their inmates, and such appointments shall be made by a justice of the supreme court of the judicial district in which such visitors reside. Each order shall specify the institution to be visited, inspected and examined and the name of each person by whom such visitation, inspection and examination shall be made, and shall be in force for one year from the date on which it shall have been granted, unless sooner revoked. [L. 1893, ch. 635, § 1, without change in substance.] |