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Report of the Superintendent of Inspection for the year ending September 30,
1909 ..

405

THE CONSTITUTIONAL AND STATUTORY POWERS

OF

THE STATE BOARD OF CHARITIES.

The State Board of Charities was created in 1867, and became a constitutional body January 1, 1895, under the provisions of article VIII of the Constitution of the State of New York, which was adopted in 1894. This article of the Constitution provides that the State Board of Charities shall visit and inspect all institutions, whether State, county, municipal, incorporated or unincorporated, which are of a charitable, eleemosynary, correctional or reformatory character, including institutions for epileptics and idiots, and all reformatories (save those in which adult males convicted of felony shall be confined), and excepting institutions for the care and treatment of the insane, and for the detention of sane adults charged with or convicted of crime, or detained as witnesses or debtors.

The Constitution also provides that the members of the Board shall be appointed by the Governor, by and with the advice and consent of the Senate, that all the existing laws relating to institutions above mentioned, 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, and that the Legislature may confer upon the Board any additional powers. It further provides that while payments by counties, cities, towns and villages to charitable, eleemosynary, correctional or reformatory institutions, wholly or partly under private control, for care, support, and maintenance, may be authorized, they shall not be required by the Legislature, nor shall such payments be made for any such inmate of such institutions who is not received and retained therein pursuant to rules established by the State Board of Charities.

The Commissioners comprising the Board are twelve in number, and are appointed for the term of eight years, one from each of the nine judicial districts of the State, and three additional mem

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