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§ 12. The members of the said board and of the said commissions shall be appointed by the governor, by and with the advice and consent of the senate; and any member may be removed from office by the governor for cause, an opportunity having been given him to be heard in his defense.
§ 13. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the constitution, shall remain in force until amended or repealed by the legislature. The visitation and inspection herein provided for, shall not be exclusive of other visitation and inspection now authorized by law.
§ 14. Nothing in this constitution contained shall prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town or village from providing for the care, support, maintenance and secular education of inmates of orphan asylums, homes for dependent children or correctional institutions, whether under public or private control. Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the legislature by general laws.
PRIVATE CHARITABLE INSTITUTIONS-EFFECT OF NEW CONSTITUTION UPON STATUTORY LOCAL AID FROM PUBLIC MONEYS. The Constitution of 1894 did not of itself annul and render inoperative mandatory provisions in existing statutes requiring the payment by localities of public moneys to private charitable institutions, by force of the new provision (art. 8. § 14), that such payments may be authorized, but shall not be required by the Legislature; " but its effect was to leave such statutory provisions in force until superseded by subsequent legislation. People ex rel. The Inebriates' Home for Kings County v. The Comptroller of the City of Brooklyn, 152 N. Y., 399.
LIMITATION ON FUTURE LEGISLATION. The above provision of the Constitution is a mere limitation on future legislative action, and was not intended to forbid the operation of existing laws. Id.
NON-ABROGATION OF ADMINISTRATIVE DUTY OF PAYMENT OF PUBLIC MONEYS TO PRIVATE CHARITABLE INSTITUTION. The above provision of the Constitution did not abrogate the purely administrative duty imposed upon the comptroller of the city of Brooklyn by chapter 169, Laws of 1877, of paying a portion of the excise moneys to the Inebriates' Home for Kings County, a private charitable and reformatory institution. Id.
REQUIREMENT OF COMPLIANCE WITH RULES OF STATE Board of CharI
The new provision of the Constitution of 1894 (art. 8, § 14), that no payments of public moneys by localities to private charitable institutions shall be made for any inmate who is not received and retained "pursuant to rules established by the State Board of Charities," operated presently, so that from the time rules should be established by the State Board on the subject, no payments would be justified for inmates received or retained, in contravention of the rules of the board. Id.
FAILURE OF PRIVATE CHARITABLE INSTITUTION ΤΟ EARN PUBLIC MONEYS. The courts will not compel the payment to a private charitable institution of public moneys authorized to be paid only for the current support of inmates during the period when the fund accrued, where it appears that the institution had to a great exte: ceased its operations and had not, except to a limited extent, performed the service which was the consideration of the payment to be made out of the public funds. Id. People ex rel. Inebriates' Home v. Comptroller (11 App. Div. 114), affirmed. CHARITABLE INSTITUTIONS-SUPERVISION OF STATE BOARD OF CHARITIES. It is not necessary that an institution should be wholly charitable to fall within the provisions of the Constitution (art. 8, §§ 11-15) and the statutes (L. 1895, chaps. 754, 771) placing charitable institutions under the supervision and rules of the State Board of Charities. It is enough if the institution is partly charitable in its character and purpose. People ex rel. the New York Institution for the Blind v. Fitch, Comptroller of the City of New York, 154 N. Y., 14.
EDUCATIONAL AND CHARITABLE INSTITUTION. The mere fact that an institution is partly educational does not exclude it from the provisions of the Constitution and statutes placing charitable institutions under the supervision and rules of the State Board of Charities. If an institution is both educational and charitable, it falls within those provisions. Id.
INSTITUTIONS FOR INSTRUCTION OF THE BLIND. The fact that institutions for the instruction of the blind are subject to the visitation of the Superintendent of Public Instruction (L. 1894, chap. 556, tit. 15, art. 14) does not prevent such an institution from being charitable in its character and purpose, and, hence, also subject to the visitation of the State Board of Charities (Const., art. 8, § 13). Id.
MEANING OF "CHARITABLE." The word "charitable," as used in the provisions of the Constitution and the statutes subjecting charitable institutions to the supervision and rules of the State Board of Charities, is to be given only its usual and ordinary meaning.
INSTITUTION FOR THE BLIND-CHARITABLE IN PART. The New York Institution for the Blind, an institution under private control, organized in 1831 (chap. 214) for the special education of the blind, is to be regarded as a charitable institution so far as it clothes, educates and maintains indigent pupils at public expense or by donations from individuals; and as to such pupils, it is subject to the supervision and rules of the State Board of Charities. Id.
INSTITUTION EDUCATIONAL IN PART. Such institution, so far as it educates pupils who pay for their tuition, board and maintenance, is not to be regarded as a charitable, but only as an educational institution, and as to those pupils the Board of Charities has no jurisdiction or power of supervision.
INSTITUTION OF CHARITABLE CHARACTER. Such institution, being to an extent charitable as well as educational, falls within the provisions of the Constitution and statutes as an institution of a charitable character or design. Id.
STATE MAINTENANCE OF FREE EDUCATION. The provision of the Constitution (art. 9, § 1), that "the Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated," relates only to the public or common schools of the State, and has no application to appropriations made by the State to an institution for the education of the blind, wholly or partly under private control. Id.
STATE AID TO PRIVATE EDUCATION OF THE BLIND. Appropriations by the Legislature to a local or private institution, for the education and support of the blind, are based upon and authorized by the provisions of the Constitution (art. 8, § 10 of 1874; § 9 of 1894) which prescribe that the prohibition of State aid to any association, corporation or private undertaking shall not prevent the Legislature from making such provision for the education and support of the blind as to it may seem proper. Id.
PAST APPROPRIATIONS NOT VIOLATIVE OF THE CONSTITUTION. It does not follow that, if the New York Institution for the Blind is charitable, appropriations made to it in the past by the State for the education and support of pupils, and appropriations made by the counties of New York and Kings (under L. 1870, chap. 166, § 3) of the sums required for clothing the indigent pupils who were residents of the county making the appropriation were violative of the Constitution (art. 8, §§ 8, 11, of 1874). Id.
MANDATORY APPROPRIATION. The charitable character of the New York Institution for the Blind is not changed if the provisions of the statute (L. 1870, chap. 166, § 3) requiring the counties of New York and Kings to appropriate money to clothe indigent pupils is mandatory, and hence in conflict with the Constitution of 1894 (art. 8, § 14), which is not decided. Id.
PARTICIPATION IN PUBLIC SCHOOL FUND. It does not follow from the fact that the charter of Greater New York (L. 1891, chap. 378, § 1161), authorizes the board of education to distribute a ratable proportion of the school fund to every pupil in the New York Institution for the Blind, that the institution must be regarded as purely educational and not charitable. Id.
PUBLIC PAYMENTS TO CHARITABLE INSTITUTIONS. The Legislature can not now authorize a locality to pay, nor can a locality in any case pay its money to a charitable institution, wholly or partly under private control, for the care, support and maintenance of inmates who are not received and retained pursuant to the rules established by the State Board of Charities. (Const. 1894, art. 8, § 14.) Id.
PAYMENT DEPENDENT UPON OBSERVANCE OF RULES OF BOARD OF CHARITIES. The New York Institution for the Blind being, to an extent, a charitable institution and, so far as it is charitable, subject to the visitation and rules of the State Board of Charities, no payment can be properly made to it from the moneys of the city and county of New York for the maintenance or support, including clothing, of any indigent inmate not received and retained by it pursuant to the rules of that board. Id.
People ex rel. Inst. for the Blind v. Fitch, 12 App. Div. 581, reversed. CHARITABLE INSTITUTIONS-PAYMENTS OF PUBLIC MONEYS TO INSTITUTIONS WHOLLY OR PARTLY UNDER PRIVATE CONTROL-RULES OF THE STATE BOARD OF CHARITIES. A municipal corporation is prohibited by the Constitution (art. 8, § 14) and the statutes (L. 1895, ch. 754; L. 1896, ch. 546, § 9, subd. 8) from paying public moneys to a charitable institution wholly or partly under private control, for the care, support and maintenance of inmates who are not received and retained therein pursuant to the rules established by the State Board of Charities for the purpose of determining whether such inmates are properly a public charge. In re application of New York Juvenile Asylum, appellant, for a writ of mandamus, John W. Keller, as commissioner of public charities in the city of New York, respondent, 172 N. Y., 50.
NEW YORK JUVENILE ASYLUM-CHARTER PROVISION REQUIRING PAYMENT BY THE CITY AND COUNTY OF NEW YORK FOR THE SUPPORT OF INMATES NOT COMMITTED TO IT IN ACCORDANCE WITH RULES OF STATE BOARD OF CHARITIES, SUPERCEDED BY THE CONSTITUTION. The fact that the New York Juvenile Asylum, a private charitable institution, was authorized by its charter (L. 1851, ch. 332) to take under its care the management of such children as should by consent, in writing, of their parents or guardians, be voluntarily surrendered and intrusted to it, and by section 28 of chapter 245 of the Laws of 1866 might require the county of New York to pay annually a specified sum for the support of children so committed to it, which section was incorporated into the charter of Greater New York (L. 1897, ch. 378, § 230) and has not in terms been repealed, amended or modified, does not authorize the city and county of New York to pay for the support and maintenance of any inmate not received and
retained therein pursuant to the rules of the State Board of Charities, since such payment is prohibited, not by the rules affecting the repeal or amendment of the statute conferring the right thereto, but by the Constitution itself, which superseded the statute and operated presently from the time the rules were established. Id.
Matter of New York Juvenile Asylum, 69 App. Div. 615, affirmed.
§ 15. Commissioners of the state board of charities and commissioners of the state commission in lunacy, now holding office, shall be continued in office for the term for which they were appointed, respectively, unless the legislature shall otherwise provide. The legislature may confer upon the commissions and upon the board mentioned in the foregoing sections any addi tional powers that are not inconsistent with other provisions of the constitution.