No. 105.

IN CONVENTION

August 30, 1867.

MINORITY REPORT

OF MR. LIVINGSTON FROM THE COMMITTEE ON CHARITIES AND CHARITABLE INSTITUTIONS.

The undersigned dissents from the article reported by the Committee on charities, and begs leave to state his reasons therefor, as follows:

1st. The undersigned proposes to limit the powers of the Board of Commissioners of Charities, authorized by the report of the committee, to the public charitable institutions of the State, following in that respect the example of the Legislature of 1867, by which such a board has been established; and further, to leave the regulation of the powers and duties of such commissioners, and all matters relating to the mode of their appointment and the tenure of their office, to the Legislature, where, in his opinion, such subjects properly belong.

2d. The undersigned is in favor of allowing any person to establish or increase the endowment of any institution not prohibited by law, requiring the Legislature to limit, by general laws only, the amount which a testator may devise or bequeath for such purposes.

the

3d. The undersigned is opposed to granting to the proposed board powers mentioned in the second section of the proposed article, and, in his opinion, the Legislature should provide by general laws [CON. No. 105.]

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for the disposition, under the sanction of the Supreme Court, of any funds or property which, by reason of a change of circumstances, can no longer be used for the purposes to which they may have been devoted.

4th. But the principal ground of dissent on the part of the undersigned, arises from what he considers to be an unjust distribution made in the Article reported by the Committee, against religious and sectarian charitable institutions, and such who have a majority of their managers of one religious denomination. While the undersigned is of opinion that it would not be wise to prohibit the State forever, under all circumstances, from assisting charitable institutions, yet he does not hesitate to say that in his judgment it would be far better to close the door entirely against any aid from the State, to all institutions without exception, other than those exclusively owned and controlled by the State, than to open it to some, while excluding others on the mere ground that they are religious or sectarian, or that a majority of their managers are of one religious denomination.

In the opinion of the undersigned, there is but one safe rule to follow, and that is either to cut off entirely all State aid from institutions not owned exclusively by the State, or to throw the door wide open on equal terms to all.

All of which is respectfully submitted.

WALTER L. LIVINGSTON.

No. 106.

IN CONVENTION

August 30, 1867.

MAJORITY REPORT

OF THE COMMITTEE ON CHARITIES AND CHARITABLE INSTITUTIONS.

ARTICLE -.

1 SECTION 1. The Legislature shall establish a Board of Com2 missioners of Charities, consisting of eight persons, a majority 3 of whom shall constitute a quorum, who shall have power to 4 visit, inspect, and to require reports from charitable institutions. 5 of every nature and description whatever, whether established 6 by individuals, or supported or aided by the State, except reli7 gious organizations of a sectarian character, penal and correctional 8 institutions, and educational institutions otherwise controlled by 9 law. Such board shall report to the Legislature. It shall also 10 give notice to the Attorney-General of any breach of trust in 11 the management of such institutions or of their funds, who shall [CON. No. 106.]

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