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legislative functions would require the expenditure of moneys and the employment of men when such men ought already to be in the employ of the commission and the funds available to the commission for such a purpose.

The two public service commissions of New York should not be disturbed. It was my pleasure to serve at one time as a member of the Second District Commission, and to have investigated, at the request of the governor of New York state, the workings of the First District Commission. Their duties in a way are so separate and distinct, and the volume of work which they are called upon to perform is so extensive, that it would be a great misfortune if any attempt to consolidate the work of the commissions should be successful. The city of Greater New York, with its wonderful growth, its congestion of population, and its continual changes in public service demands, furnishes the First District Commission a work peculiar to itself. It should be supervised and directed by residents of New York who are acquainted with the peculiar conditions existing in that section.

The First District Commission, in addition to its regular work as a regulating commission, has charge of the engineering work in connection with the location and building of the new subways in the city of Greater New York. This work is entirely local in its character, and the problems involved are so complex and voluminous that the people of the city would properly object to having their local affairs supervised by men who reside outside the city and who do not understand the local conditions involved.

The present term of office of the commissioners, five years, is short enough, as men, even of the highest character and good judgment, must have an opportunity to gain by experience the knowledge necessary to perform their duties properly. I believe that a longer term should be provided for, as it would make a more permanent body and would help, possibly, to attract men who at present might refuse to accept office on account of the short term of service.

The two commissions also ought to be made non-partisan by a provision that not more than three members should be

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appointed from any one political party. This would tend to prevent the making of the commissions into political machines and would give minority representation.

The placing of the functions and powers of the public service commissions in the constitution, the making of the commissioners constitutional officers, and the prohibiting of the legislature from interference with their work, at once puts these boards beyond the power of politicians and political parties to destroy or cripple, and will also place them upon as high and as stable a basis as our court of appeals.

(433)

CHARITABLE AND CORRECTIONAL INSTITUTIONS

AND PUBLIC HEALTH

HOMER FOLKS

Secretary, State Charities Aid Association; President, State Probation Commission; Ex-Commissioner of Charities of New York City

IN

N this paper it will be assumed that the process of constitutional revision will involve an examination of the provisions of the present constitution, a study of their operations, and a consideration of desirable amendments, omissions, or additions, rather than an effort to evolve a new constitution. The paper will consider the following subjects:

I. Bond Issues.

II. State Funds to Private Organizations.

III. State Inspection of Charitable and Correctional
Institutions.

IV. Management of State Institutions.

V. Local Appropriations to Private Charities.
VI. County Government.

VII. Appointment of Local Officers.

VIII. Home Rule.

IX. Public Health.

X. Flexibility.

Bond Issues

One of the first constitutional provisions, which has an important direct bearing on the welfare of the public charitable and correctional institutions of the state, is that relating to the manner of incurring indebtedness. The charitable and correctional institutions of the state are notoriously inadequate. Sing Sing prison is a standing disgrace. The state hospitals for the insane are overcrowded by about twenty per cent of their certified capacity, and their certified capacity is undoubtedly in excess of their proper capacity. The institutions for the feeble-minded receive only a small proportion of those who

should be cared for. The reformatories turn away those who should be committed to them for their own protection and that of the public. This condition has become much more acute during the last few years and appears to be steadily growing worse. Appropriations for construction of state institutions are made wholly from current revenues. In considering these appropriations the legislator always has before him the limitation in the current resources of the state from indirect taxes and the political danger of a direct tax.

New York city and, speaking generally, the municipalities of the state, and to some extent the counties also, provide for the construction of buildings by the sale of bonds, thus extending the burden over a series of years as the benefits are similarly extended. There has been much discussion during the last few years of the desirability of providing for the construction of state institutions by the sale of bonds. This course was strongly favored by Governor Glynn and by the senate at the last session, but was opposed by the assembly. It has been consistently urged by the state board of charities for several years.

Unfortunately, under the existing constitution there is substantial doubt as to the possibility of relief in this direction. Article 7 section 4 of the constitution limits the power of the legislature to incur state debt by providing in substance that any law contemplating the incurring of indebtedness must be submitted to a vote of the people, that it must be "for some single work or object," and that it may not be submitted at any election at which any other bill or law is submitted for popular decision. The question as to what constitutes a single work or object" is embarrassing. Would a bond issue providing for the construction of a new prison, a new hospital for the insane, and a new reformatory, be constitutional? It is the judgment of many competent lawyers that it would not. Would a bond issue for the construction of a hospital for the insane in Westchester county and for one in Monroe county be for a "single work or object?" The more practical question probably is, would the counsel for prospective bond-buying houses consider such an issue absolutely free from any doubt

as to legality? Grave doubt has been expressed as to this point by lawyers highly competent to express an opinion thereon.

As to the merits of the case, it is to be noted that New York city, after pursuing the policy of construction of buildings by bond issues for many years, has recently, under the stress of financial depression, entered into an agreement with a syndicate of bankers, one feature of which is that the city agrees, after the present year, to provide for an increasing portion of its permanent improvements out of current revenues and that at the end of four years all of its improvements are to be so provided for. In other words, the city, so far as its present authorities can do so, has agreed to abandon the bond-issue plan. The necessity and wisdom of so doing have been sharply called in question. Nevertheless, such action by the city authorities shows that on the merits of the case there is a necessity for careful consideration.

Apart from the wisdom of urging the state to enter upon a bond-issue policy for the construction of public buildings, it would seem that the constitutional convention should very carefully consider giving the legislature a freer hand to take such action as in its best judgment, from time to time, the interest of the state demands. In other words, the present limitations upon the debt-incurring capacity of the legislature should in our judgment be relaxed.

State Funds to Private Organizations

Article 8 section 9 of the constitution provides in substance that state funds shall not be given to any private organization except for the education of the blind, deaf and dumb, and juvenile delinquents. This constitutional provision antedates the constitutional convention of 1894, and in fact comes down from the constitutional commission of 1873. The state had granted subsidies to numerous private charities for many years, amounting in 1872 to a total of $910,000. The objectionable practices which had grown up in this connection led the constitutional commission of 1873 to adopt the provision referred It was ratified by the people in November 1874 and has

to.

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