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Legislature has attempted to delegate powers possessed by it, and so the line of authorities cited to establish the proposition that the Legislature cannot delegate its powers do not apply. The Constitution itself provides, in section 14 of article 8: "No such payments" (that is, payments of public moneys to charitable, eleemosynary, correctional and reformatory institutions), "shall be made for any inmate of such institution who is not received and retained therein pursuant to rules established by the State Board of Charities." That is the direct and controlling mandate of the Constitution of supreme authority over the courts no less than executive officers. In discussing that section of the Constitution, the Court of Appeals said, in People ex rel. Inebriates' Home v. Comptroller, 152 N. Y. 407: “We entertain no doubt that this prohibition operated presently; that is to say, that from the time rules should be established by the State Board regulating the reception and retention by charitable institutions, no payments would be justified for the care, support and maintenance of inmates received or retained in contravention of the rules of the Board." Again the same court said, in People ex rel. N. Y. Inst. for Blind v. Fitch, 154 N. Y. 15: "This declaration of the organic law is plain and unambiguous and expressly forbids the appropriation of money by the counties and cities of the State, unless the inmates are received and retained in the manner stated. Its manifest purpose is to make all appropriations of public moneys by the local political divisions or municipalities of the State to institutions under private control subject to the supervision and rules of the State Board of Charities." While it is true that the precise point involved in the matter at bar was not before the court in either of the cases cited, still, as the expression of the opinion of the court of last resort discussing the general purposes of the new constitutional provisions applicable to the case now here, I must regard said cases as controlling on this motion. The evil aimed at by the constitutional convention and by the people in accepting its work is the precise evil sought to be perpetuated by this petitioner in this proceeding; namely,

compelling public funds to be expended for inmates of private institutions without any examination by public authorities as to the necessity therefor. This, the Constitution says, shall not be done. Motion denied. Ten dollars costs.

This decision has been affirmed by the Appellate Division in the First Department, to which it was carried on appeal.

STATISTICS OF OUTDOOR RELIEF.

For the first time in the history of the State, so far as known to the State Board of Charities, the Board last year succeeded in collecting through the county superintendents of the poor and other like officials, statistics of outdoor relief from nearly every town and city in the State, as well as from the counties as a whole as heretofore. These statistics cover the year ending September 30, 1900, and are published in the statistical appendix to the Board's report to the Legislature of 1901. They show such great relative differences in the number relieved and in the amount expended for relief in the various localities of the State, and especially in the cities as will be seen by the following table for the fiscal year ending September 30, 1900 (and also for the fiscal year ending September 30, 1901, the statistics for which have since been collected), as to make careful examination on the part of the local authorities seem desirable, in order to make sure on the one hand that the poor are being properly relieved and on the other that pauperism is not in some cases being encouraged by the relieving officers:

OUTDOOR RELIEF IN CITIES FOR THE YEAR ENDING SEPTEMBER 30, 1900.

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*Of this number, 600 were blind persons and 438 G. A. R. veterans.
Of this amount, $30,000 was for blind persons and $10,221 for veterans.

No statistics.

No report.

CITY.

OUTDOOR RELIEF IN CITIES FOR THE YEAR ENDING SEPTEMBER 30, 1901.

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* Of this number, 672 were blind persons and 489 G. A. R veterans.
Of this amount, $33,243.84 was for blind persons and $9,996 for veterans.

THE DESIRABILITY OF COLLECTING AND TABULATING IN ACCESSIBLE FORM SCIENTIFIC AND OTHER DATA WITH RELATION TO THE INMATES OF THE STATE INSTITUTIONS.

For some time the Board has been impressed with the desirability of securing the collection, in accessible form and for practical uses, of scientific and other data with relation to the inmates of some of the State institutions.

In the Board's opinion a system of records, uniform so far as practicable, should be devised and put into use for the purpose of keeping a complete record of all desirable information with relation to the inmates of the various State charitable and reformatory institutions, the latter especially, in order that the history of each individual inmate and the results of his or her care and treatment at the institutions, or while on parole, may be clearly traced. In no other way does it seem possible to estimate with any approach towards accuracy the real value of the work accomplished by the institutions, the extent to which their training is put to practical use, and the number whose cure or reformation is actually accomplished.

A State which is spending millions of dollars annually for the care of the dependent and the delinquent classes should be will ing to spend a few thousand dollars more to measure the results of its work. At the present time, so far as most of the institutions are concerned, too much must be taken for granted.

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