superintendent or employee of any such institution, society or association who shall unlawfully refuse to admit any member, officer or inspector of the board, for the purpose of visitation and inspection, or who shall refuse or neglect to furnish the information required by the board or any of its members, officers or inspectors, shall be guilty of a misdemeanor, and subject to a fine of one hundred dollars for each such refusal or neglect. The rights and powers hereby conferred may be enforced by an order of the supreme court after notice and hearing, or by indictment by the grand jury of the county, or both. Court of Appeals, January, 1900; People ex rel. State Board of Charities v. New York Society for the Prevention of Cruelty to Children, 161 N. Y. 233; April, 1900, 162 N. Y. 429; also Court of Appeals, February, 1901, Fox v. Mohawk and Hudson River Humane Society, 165 N. Y. 517. For notes on these cases see pages 7 and 8. The State Board of Charities has supervision over hospitals for the treatment of contagious diseases and quarantine hospitals. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ROBERT W. HEBBERD, Esq., Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR. Referring to your letter of April 20, in which you ask my opinion as to the scope of section 10 in defining the supervisory powers of the State Board of Charities, I beg to advise as follows: You ask me whether the supervisory power of this Board extends to public hospitals for the treatment of contagious diseases and hospitals estab lished for quarantine purposes, which latter are established and maintained by the State. The section in question provides in part, as follows: 66 "§ 10. Visitation, inspection and supervision of institutions. all asylums, hospitals and institutions, whether state, county, municipal, incorporated or not incorporated, private or otherwise, except institutions for the custody, care and treatment of the insane, are subject to the visitation, inspection and supervision of the State Board of Charities, its members, officers and inspectors." It is my opinion that this section is clearly broad enough to include the cases to which you refer. Very truly yours, EDWARD R. O'MALLEY, § 11. Soldiers and Sailors' home exempted. The New York state soldiers and sailors' home is hereby exempted from the management and control of the state board of charities. and in respect to said institution said board is hereafter only to exercise its constitutional right to visit and inspect. § 12. 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. The State Board of Charities has full power to inquire into and is required to report upon the ordinary maintenance expenses of all State charitable institutions. STATE OF NEW YORK, ROBERT W. HEBBERD, Esq., Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR.I am in receipt of yours of the 11th instant, in which you refer to subdivision 2 of section 11 of the State Charities Law, chapter 546, Laws of 1896, which provides that on visits by the State Board of Charities inquiry shall be made to ascertain 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;" and also that part of section 17 of the same act which provides that "the annual reports of the Board may in its discretion present the de signs and the plans and the general estimates for buildings and improvements which it may deem necessary for any charitable institution, with the opinion of the Board respecting any appropriations required as asked in behalf of such institution other than for maintenance or ordinary purposes." And you ask whether the aforesaid provisions of the statute are, in my judgment, intended to and actually do exclude the Board from inquiring into and reporting upon the ordinary maintenance expenses of State institutions. In reply I have the honor to say that section 9 of the State Charities Law in defining the general powers and duties of the State Board of Charities directs that it shall, by subdivision 1: "Aid in securing the just, humane and economic administration of all institutions subject to its supervision." Subdivision 5 directs the Board to "investigate the management of all institu tions made subject to the supervision of the Board and the conduct and efficiency of the officers or persons charged with their management, and the care and relief of the inmates of such institutions therein or in transit." Subdivision 6 empowers the Board to "aid in securing the best sanitary condition of the buildings and grounds of all such institutions, and advise measures for the protection and preservation of the health of the inmates." 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): "3. The sources of public moneys received for the benefit of such in stitution, 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 in adequate 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 intended, for dormitory purposes, which use is occasioned by local poor law 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 by 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; |
