HISTORY OF NEW YORK 'SOCIAL
WELFARE' LEGISLATION
by
Hon. Nathaniel Fensterstock, Assistant Attorney General of
New York
a page of history is worth a volume of logic."
-Justice Oliver Wendell Holmes*
The golden mean between broad strokes depicting major drifts
and tremendous detail, with concentration on roots to which the
provisions of the present Social Welfare Law stem back, delimits
the scope of this brief resume of the legislation relating to the needy
in (1) the English Background; (2) Dutch New Netherland and
the English Province of New York; (3) New York State: 17761867; (4) New York State: 1867-1929; and (5) New York State:
1929-1941.**
.
THE ENGLISH BACKGROUND
The disappearance of feudalism provided an impetus for poor re·
lief, 1 which, in continental Europe, where the church was power··
ful, until very recently remained almost wholly in ecclesiastical
hands. In England 2 and Scotland the Reformation and the dissolution of the monasteries led to the assumption of this responsibility
by the state. There, as elsewhere, the first steps were negative and
prohibitive. 3 Not until 1572 w;:ts positive provision made for the
*New Y_ork Trust Co. v. Eisner, 256 U.S. 345 at 349 (1921).
** For a well documented and thoroughly prepared history of public welfare in New York Strite, see Schneider, "The History of Public 'Velfare
in New York State" 1609-1866 (Chicago, 1938) and Schneider and Deutsch,
"The History of Public Welfare in New York State" 1867-1940 (Chicago,
to be published, 1941).
Under feudalism the obligation of the serf to work on the manor imhis right to maintenance. See VI Encyclopredia of the Social Sciences, Vol. 12 (1937) 230. The article therein on "Poor Laws" by Charles W.
Pipkin and its sources have been heavily relied on.
1
pli~d
2 As to England see IV Holdsworth, History of English Law (1923) and
II Nicholls, A History of English Poor Law (1904) 460.
3 These included "the repression of begging and vagrancy, the regulation of. individual almsgiving and the restriction of the movement of la-
X!
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
appointment of collectors and overseers with power to compel the
payment of funds for poor relief to parish officials. 4 Thus was the
foundation laid for the historic Elizabethan poor relief act of 1601,5
a statute which definitely recognized the responsibility of the state
for ~its dependent classes, and even attempted to classify dependents
and provide specific treatment suitable to the needs of each group. 6
Increased pauperism found expression in the "Act of Settlement"
of 1662 7 which forbade migration, and in numerous vagrancy acts.
There followed, in 1722, an attempt to supply work for the able
bodied poor, 8 in 1782, obligatory provision of outdoor relief for the
able bodied poor 9 and by the close of the eighteenth century a regular system of relief in aid of wages. 10
The royal commission of 1832, resulting from the widespread dissatisfaction with existing laws and their maladministration, led to
the poor law amendments of 1834,11 which, with slight modifications,
borers from one parish to another". An English act of 1531licensed the
aged and impotent poor to ask for alms. A Scottish law of 1535 forbade
begging outside the parish of birth. An English act of 1536 "prohibited
begging" altogether and provided for local aid by the organized collection
and distribution of alms, the apprenticing of children and the division of
the able bodied into the willing, who were to be given work, and the unwilling, upon whom punishment was to be inflicted. The provision of aid
was hampered by the absence of compulsory taxation, the act depending
on the Sunday exhortations of the clergy and the collections of town authorities. Pipkin, supra, note 1.
4 14 Eliz. c. 5·. Each parish was to levy a rate, or tax, for relief to be
collected by overseers of the poor appointed by justice~ of the peace.
5
43 Eliz. c. 2.
6 i. e. work for the able bodied poor, almshouse care for the infirm and
apprenticeship for children.
7
13 & 14 Chas. II, c. 12.
s Knatchbull's Act (9 Geo. I, c. 7) provided for the building of workhouses by single parishes or unions of parishes in which able bodied paupers were to be employed and the aged poor, children and pauper sick
were to be cared for.
·
9
Gilbert's Act (22 Geo. III, c. 83).
Hl This developed largely as a result of the Speenhamland system of
1795 under which all laborers whose wages fell below a certain level were
granted an allowance from the public treasury.
11 Webb, English Poor Law Policy (London, 1910) and VII-IX English
Local Governments (London, 1906). The principles of the act of 1834 were
(1) national uniformity-that is, identity of treatment of each class of
destitute persons throughout the kingdom; (2) less eligibility, that is, that
the pauper's con<lition be less desirable than that of the humblest independent laborer ; and (3) the workhouse system, that is, the substitution
of indoor for outdoor relief. The act also provided for a central authority
XII
CIAL WELFARE' LEGISLATION
and overseers with power to compel the
r relief to parish offi.cials.4 Thus was the
:toric Elizabethan poor relief act of 1601,5
recognized the responsibility of the state
md even attempted to classify dependents
:1ent suitable to the needs of each group. 6
md expression in the "Act of Settlement"
1igration, and in numerous vagrancy acts.
an attempt to supply work for the able
gatory provision of outdoor relief for the
:he close of the eighteenth century a regu)f wages. 10
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
remained the core of English poor law policy for nearly a ceritury.12
The early twentieth century witnessed the passage of a series of acts
which consolidated several centuries of poor laws to form a fairly
complete code embodying the distinct features of English policies
regarding the relief of the destitute.13
,_;
The whole evolution, representing as it does a striving for not
only a better technique of administration but an accomplishment of
a social policy, the principle of which is to eliminate the need for
poor relief by meeting the problem at its origin through insurance
and otherwise, provides the proper background for a chronological
survey of the statutory provisions dealing with this subject· matter
in New York state.
i.l'
f 1832, resulting from the widespread dislaws and their maladministration, led to
Jf 1834,11 which, with slight modifications,
nother". An English act of 1531 licensed the
.sk for alms. A Scottish law of 1535 forbade
•f birth. An Eriglish act of 1536 "prohibited
rided for local aid by the organized collection
! apprenticing of children and the division of
lng, who were to be given work, and the unent was to be inflicted. The provision of aid
ce of compulsory taxation, the act depending
of the clergy and the collections of town au! 1.
.
;h was to levy a rate, or tax, for relief to be
poor appointed by justices of the peace.
Jdied poor, almshouse care for the infirm and
. I, c. 7) provided for the building of workunions of parishes in which able bodied paumd the aged poor~ children and pauper sick
'c. 83).
as a result of the Speenhamland system of
·s whose wages fell below a certain level were
b.e public treasury.
w Policy (London, 1910) and VII-IX English
1906). The principles of the act of 1834 were
.t is, identity of treatment of each class of
the ki.ngdom; (2) less eligibility, that is, that
ss desuable than that of the humblest indee workhouse system, that is, the substitution
The act also provided for a central authority
XII
NEW NETHERLAND UNDER THE DUTCH
AND THE ENGLISH PROVINCE OF NEW YORK
(a) New Netherland under the Dutch:
1609-1664
The fragmentary records relating to the administration of charity
under the Dutch in the colony of New Netherland from 1609 to
1664 reveal that the duty of relieving dependency, the dominant patwith three poor law commissioners having control of the entire administration and regulation of the work of local officials in minute detail. The
parochial system of relief was abolished and in its stead was substituted
poor law unions or groups of parishes each of which elected a board of
guardians.
12 Although no immediate legislation was passed upon the recommendations of the poor law commission of 1905--09, the work of that commission
which contained majority and minority reports, directly influenced legislation attempted in England thereafter. Both ·majority and minority reports agreed on the condemnation of the workhouse and the abolition of
the boards of guardians and the poor law unions. The majority report
advocated the abandonment of the "deterrent" philosophy of 1834 and the
establishment of a more humanized administration of the poor law system. It favored relief of the various classes of the destitute in specialized institutions and more adequate provision for outdoor relief. It recommended the setting up of a single authority to handle all matters pertaining to "public assistance", which term was suggested as a substitute
for "poor laws". The minority report urged the complete abolition of the
poor law, a substitution of a system of social insurance and had other
recommendations.
13 For example, in 1919 Parliament created a Ministry of Health for
public health and welfare with general supervision over the poor law.
Also t;here were the poor law acts of 1927 (17 & 18 Geo. V, c. 14) and of
1930 (20 Geo. V, c. 17). The National Insurance Act of 1911.was modified
to provide for two kinds of benefits: (1) insurance benefits; and (2)
transitional benefits (available to one still unemployed at the end of twenty-six weeks provided a "means" test is passed and on the basis of which
the amount needed is granted). The comprehensive Local Government Act
XIII
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
tern of which was outdoor relief,14 was entrusted almost exclusively
to the clergy 15 although the secular authorities participated to a
limited extent.16
Collections for the poor regularly taken up at every Sunday serv.ice with the proceeds handed over to the deacons, supplemented by
fines and forfeitures imposed for violations of lawP and occasionally by individual bequests or donations, constituted the sources of
income for the poor fund.
The first social workers in the form of sieckentroosters 18 (comforters of the sick) as well as what may be called the first almshouse
in the form of "deacons' house",I!) the first poor farm, 20 the first hosof 1929 (19 Geo. V, c. 17) abolished the boards of guardians, handing over
their work to local authorities and placed full responsibility for poor law
administration upon county councils and county borough cotmcils which
in turn appoint public assistance committees, who in turn appoint local
committees to deal with individual cases. Its most far reaching provisions
empowered the Ministry of Health to "break up the poor law" by removing certain classes of persons from its jurisdiction. See Pipkin, supra,
note 1.
14 The highly organized system of institutional relief which existed in
the cities and towns of Holland in the seventeenth century was hardly
possible in the colony of New Netherland with its thinly scattered pioneer
settlements. Schneider, "The History of Public Welfare in New York
State" 1609--1866 (1938) 9. Ghapter one thereof is devoted to "Poor Relief
under the Dutch".
15 Occasional attempts by several ·officers to wrest this control from
them were frustrated. See e. g. "I Ecclesiastical Records of State of New
York", (New York State Historian) [New York 1901.:16]' 536.
16 "Charity Legislation in New York" 1609-1900, (New York State Board
of Charities, 1904) 3-10 deals with this period.
17 See e.g. "An ordinance of 1641". New Netherland, Laws and Ordinances, ed"'and trans. O'Callaghan (Albany, 1868) 26; An ordinance of 1655,
id. at 205. Even a lottery was used. New York City Burgomasters and
Schepens, Records of New Amsterdam 1653 to 1674 Anno Domini, ed.
Berthold Fenow (New York, 1897) I, 288, 291.
18 Appointment of sieclcentroosters, sometimes known as Tcranlcenbesoeclce,·s (visitors of the sick) was provided for in the Charter of Freedoms and
Exemptions granted in 1629 although there were such inferior ecclesiastical agents at an earlier date. The "orphanmasters", introduced into New
Netherland in 1656, had duties relating to the estates of propertied orphans rather than to the care of dependent orphans.
19 This was a congregational home where impoverished old people might
be cared for by their neighbors. The first in New Netherland probably
dated from before 1652.
20 In 1652 Stuyvesant conveyed to the deaconry a site for an almshouse
and farm on which produce could be raised for the inmates. Cuyler ~ey­
nolds (comp.) Albany Chronicles (Albany, 1906) 47•
.XIV
WELFARE' LEGISLATION
f, 14 was entrusted almost exclusively
ecular authorities participated to a
arly taken up at every Sunday servrer to the deacons, supplemented by
>r violations of law,17 and occasiononations, constituted the sources of
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
pital 21 and the first known instance of work relief 22 can be traced
to this period.
The first colony-wide poor law in New Netherland in 1661,
passed as a protection against the influx of itinerant poor, placed restrictions on caring for non-residents, and provided for Sunday collections for the poor and needy. 23
(b) The English Province of New York: 1664-1776
e form of sieckentroosters 18 (comtat may be called the first almshouse
.!Jo the first poor farm/~ 0 the first hosthe boards of guardians, handing over
placed full responsibility for poor law
.s and county borough councils which
~ommittees, who in turn appoint local
ases. Its most far reaching provisions
to "break up the poor law" by remov1 its jurisdiction. See Pipkin, supra,
E institutional relief which existed in
the seventeenth century was hardly
l'land with its thinly scattered pioneet·
>ry of Public Welfare in New York
one thereof is devoted to "Poor Relief
officers to wrest this control from
icclesiastical Records of State of New
~ew York 1901..:16]' 536.
k" 1609-1900, (New York State Board
is period.
'. New Netherland, Laws and Ordibany, 1868) 26; An ordinance of 1655,
. New York City Burgomasters and
am 1653 to 1674 Anno Domini, ed.
:88, 291.
sometimes known as krankenbesoeckt for in the Charter of Freedoms and
there were such inferior ecclesiasti>rphanmasters", introduced into New
:ing to the estates of propertied orndent orphans.
where impoverished old people might
e first in New Netherland probably
he deaconry a site for an almshouse
l'aised for the inmates. Cuyler Reyly, 1906) 47.
v
The Duke's Laws of 1665,24 promulgated after the surrender of
New Netherland in 1664 to the English, reflected the local government then prevailing in England. The eight overseers elected by
each parish were, amongst other duties, authorized to raise and apportion levies and assessments for "provision for the poor". Unlike
the Dutch regional ordinance of 1661 25 which relied on voluntary
contributions, the Duke's Laws provided for raising poor relief moneys directly from the tax fund, following the English practice. Following the English poor law system, also, the parish was the relief
administrative unit. However, an amendment to the Duke's Code
21 II Bosworth, The Doctor in Old New York, "Half-Moon Series" (New
York, 1898) No. 8, 296-97.
22
II O'Callaghan, History of New Netherland, (1846-48) 375.
"Ordinance of the Director General and Council of New Netherland
making provision for the Poor". Charity Legislation in New York, supra,
note 16 at !}--10. Passed for the protection of the treasury from persons
of outlying villages and to rebuke the lazy and the vagabond, it provided:
"no assistance shall be given by the Deacons of this City, to any
person residing outside the jurisdiction of this City, unless they bring
with them from the Deacons or Overseers of the Poor, at the place
of their Residence, a certificate of their character and pQverty .
"And the persons who shall bring with them such certificate shall
be provided for, and assisted here as circumstances permit.
it is further Resolved and decided, that, from time forward, in all
Villages and Settlements, collections shall be made and something laid
up for the Poor and Needy. That such may be put in practice, as well
in the Villages where there is Preaching, as in those where there is
no Preaching, the Director General and Council of New Netherlanil
do hereby Order and command all Magistrates of the Villages where
there have been no ministers hitherto, that each in his respective
Village or Settlement shall nominate and qualify two proper persons,
who shall go around every Sunday with a little bag among the congregation and collect the Alms for the support of the Poor of that
place, and then, if they fall short, they shall address themselves in
the manner as above set forth to the Deacons of this City. Hereby
notifying and warning all respective Magistrates that, in case they
neglect to have weekly collections made in manner as aforesaid, they
shall, for such neglect be corrected as the case may require."
23
24
Charity Legislation in New York, supra, note 16 at 11-13.
25
Supra, note 23.
52A McKiNNEY LAws-b
XV
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
in the latter part of 1665 26 authorized cooperation between the towns
in a riding for the care of the insane, the first application of the
"district union" plan in the poor relief administration in New York.
Other provisions of the Duke's Laws, relating to public welfare,
assigned to the poor fines levied for violations of certain laws and
required trustees to account for the property of orphaned children.
The year 1683, with the erection of twelve original counties, saw
the introduction into the province of the county as a political unit.
The Duke's Laws,. insofar as t~1ey related to poor relief, were superseded by an act 27 which provided for the annual election of commissioners in each city, town and county throughout the province,
with authority of making an annual assessment within their respective jurisdictions to be paid to their respective treasuries, and which
went on to provide :
"And farther Whereas itt is the Custome & practice of his
Majestys Realm of England, and all the adjacent Colonys in
America that every respective County Citty towne parrish &
precinct doth take care and provide for the poor who do inhabit
in their respective precincts aforesaid.
"Therefor itt is Enacted by the authority aforesaid thatt for
the time to come the respective Commissioners of every County,
Citty, Towne, parish Precinct, aforesaid shall make provission
for the maintenance support of their poor respectively."
Provision followed requiring security of persons coming into the
province who
"hath nott a Visible Estate, or hath nott a manuall craft or
occupacon" "thatt hee shall nott bee a burthen or charge to the
respective places"
and, under penalty, masters of incoming vessels were to report a
list of the passengers brought into the province with their "Qualityes
& Condicons". The master was obligated for .persons not qualified
nor
"able to give security for their well demeanor" "to transport
all such persons to the place from whence they came or att least
ll&
Charity Legislation in New York, supra, note 16 at 13.
27 "An Act for the Defraying of the publique & necessary Chargr,> of
each respective Citty, towne and Comity throughout this Province & ~or
maintaining the poore, & preventing vagabonds", Charity Legislatiol in
New York, supra, note 16 at 15.
·
XVI
WELFARE' LEGISLATION
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
)rized cooperation between the towns
: insane, the first application of the
~ relief administration in New York.
s Laws, relating to public welfare,
:i for violations of certain laws and
or the property of orphaned chiltion of twelve original counties, saw
tce of the county as a political unit.
1ey related to poor relief, were supided for the annual election of com.nd county throughout the province,
nual assessment within their respecheir respective treasuries, and which
is the Custome & practice of his
1d, and all the adjacent Colonys in
tive County Citty. towne parrish &
provide for the poor who do inhabit
; aforesaid.
by the authority aforesaid thatt for
tive Commissioners of every County,
net, aforesaid shall make provission
t of their poor respectively."
out of this Province and dependences ; And also if any Vaga~
bonds, beggars or others, remove from one County to anothere
and cannot give security as aforesaid itt shall be lawful for the
constable to returne such persons to the county from whence
they came."
Whereas the Duke's Laws of 1665 were limited in application to
the English part of the province constituted as Yorkshire, this act of
1683 was province wide. Furthermore it was entirely secular in
character.
An act of 1691 28 provided for the annual choosing of two freeholders in each town in the province empowering them to assess
rates within their towns which were to be collected by constables.
An elected county treasurer, in turn, was to make· payments for
county charges and keep certain records, 29 the beginnings of public
welfare records in the province. The 1691 act then provided that
the officers chosen
"in every Town parish and precinct shall make provision for
the maintenance and support of their poor respectively."
A provision similar to that contained in the act of 1683 to prevent
vagabonds was also in the act of 1691. To the removal provisions
for removal outside the province and from county to county within the province as provided for in 1683 there was added an additional provision for removal from one town "to the town from whence
they came".
ecurity of persons coming into the
:e, or hath nott a manuall craft or
. nott bee a burthen or charge to the
But the act of 1691 was
"by Experience found to be very Inconvenient and burthensome to th~ Inhabitants of this Province, and hath occasioned
many heats, animosities, Strifes and Debates, and other differences," ·
· incoming vessels were to report a
to the province with their "Qualityes
s obligated for persons not qualified
and was repealed by an act of 1701 30 except insofar as it related to
vagabonds. By the 1701 Act county justices of the peace were to
annually examine and allow the public charges of their· respective
their well demeanor" "to transport
~ from whence they came or att least
·rk, supra, note 16 at 13.
)f the publique & necessary Charg~ of
County throughout this Province & ~or
ing vagabonds", Charity Legislatio1 in
28 I Colonial Laws of New York from the Year 1664 to the Revolution
(Albany, 1894), 131.
29 He was to "keep A distinct Book of Accompts containeing a perticular
a;ecot of all the money Rates and assessments aforesaid, And alsoe of ail
disbursements and payments by Warrant' aforesaid and once every yeare
he shall bring his accots to such person as shall be appointed for the audit of the same under the penalty of One hundred pounds, except prevented by Death or Sickness".
311
XVI
I Colonial Laws of New. York, supra, note 28 at 456.
)'
.XVII
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
counties and of every town thereof. Two assessors and one collector in each of the towns were to assess and collect the moneys so
allowed by the justices. An elected county treasurer was to make
disbursements in accordance with the charges allowed by the justices
and were to keep records. His accounts were to be audited by the
court of sessions and provision was then made that
"the Justices aforesaid at their respective General Sessions do
once in the year make provision for the maintenance and Support of their poor Respectively".
Exceptions were made for the cities of New York and Albany to
permit them to continue to maintain their poor as they had been doing.31
The act of 1701 received royal confirmation in 1708. In the interim, in 1703, another act, 32 as vague a piece of statutory draftsmanship as can be found, established the board of supervisors as the
county governing body and provided for the care of the poor.
But statutes were one thing; administration, another. The makeshift pattern and lack of uniformity of "The Patchwork of Provincial Relief" 33 with its relief in kind, the practice of boarding out
paupers, the forcing of dependents to wear a badge of pauperism,
combined poorhouse, workhouse and house of correction, 34 with
some county responsibility, apprenticeships, and the general hospital,35 was characterized by unsteady, trial and error developments.
31 See e.g. "An Act to Enable the City of New York To Relieve the
Poor and defray their necessary and Publick charge," passed in 1695. I
Colonial Laws of New York, supra, note 28 at 348. See also in relation
to New York City the Act for Settling the Ministry (1693) id. at 328, An
Act to Enable the City of New York To Relieve the Poor and defray their
necessary and Publick charge (1695) Charity Legislation in New York, supra, note 16 at 19; "An Act for the better Support and Maintenance. of
the Poor in the City of New York for the future" (1702), V Colonial Laws
of New "¥ork, supra, at 507. As to Albany, for a late1.· period, see the
Act of 1773 protecting the rights and privileges of the Reformed Protestant Dutch church in Albany and Schenectady. V Colonial Laws of New
York, supra, note 28 at 585.
S2 "An Act for the better Explaining and more "Effectual putting in Execucon An Act of General Assembly made in the third yeare of the Reign
of their late Majties King Wm. and Queen Mary Entituled An .A.ct for
defraying of the Publick and necessary Charge thro'out this Province and
for mainteining the Poor and preventing Vagabonds." I Coloniai Laws of
New Yoi·k, supra, note 28 at 539.
33 Schneider, supra, note 14, so entitles chapter 4.
34 In few instances, were these separated.
35 The first general hospital in New York province established in 1771
was opened twenty years later. See Schneider, supra, note 14 at 83.
XVIII
CIAL WELFARE' LEGISLATION
vn thereof. Two assessors and one col; were to assess and collect the moneys so
An elected county treasurer was to make
:e with the charges allowed by the justices
His accounts were to be audited by the
.sion was then made that
i at their respective General Sessions do
! provision for the maintenance and Suppectively".
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
Such poor relief legislation as there was, drafted on a predominantly Dutch population and a steady infiltration of European immigrants who brought with them their native traditions and manners,
was modeled closely upon that existing in the mother country and
based primarily on local responsibility, vested at first in a mixed civil
and ecclesiastical authority with the secular influence becoming predominant with the passage of time and was principally concerned
with preventing non-.resident indigents from gaining a settlement in
the province, and with removing poor nonsettled persons. 36
the cities of New York and Albany to
maintain their poor as they had been do-
r
i royal confirmation in 1708. In the int,32 as vague a piece of statutory drafts!Stablished the board of supervisors as the
provided for the care of the poor.
ing; administration, another. The makeuniformity of "The Patchwork of Proelief in kind, the practice of boarding out
pendents to wear a badge of pauperism,
khouse and house of correction,34 with
, apprenticeships, an!i the general hospi. unsteady, trial and error developments.
ible the City of New York To Relieve the
:ary and Publick charge," passed in 1695. I
supra, note 28 at 348. See also in relation
'r Settling the Ministry (1693) id. at 328, An
w York To Relieve the Poor and defray their
, (1695) Charity Legislation in New York, su. for the better Support and Maintenance. of
York for the future" (1702), V Colonial Laws
As to Albany, for a later period, see the
ghts and privileges of the Reformed Pratesand Schenectady. V Colonial Laws of New
x:plaining and more 'Effectual putting in Exe:embly made in the third yeare of the Reign
Vm. and Queen Mary Entituled An Act for
necessary Charge thro'out this Province and
preventing Vagabonds." I Colonial Laws of
i39.
so entitles chapter 4.
~se
separated.
1 in New York province established in 1771
r. See Schneider, supra, note 14 at 83.
XVIII
NEW YORK STATE:
1776-1867
(a) 1776-1824
The first Legislature of the State of New York met in Kingston
on September 10, 1777 and passed its first statute on February 6,
1778. After enacting many laws of specialized nature, 37 its first
general concern with the poor was expressed, in 1784, in "An act for
the settlement and relief of the poor" 38 which by its express language was to
"extend to every city or district in this state".
Insofar as it dealt with settlement and removals, 39 responsibility of
3G Practically all of the relevant statutory enactments for this whole
period are contained in Charity Legislation in New York, 1609--1900, supra,
note 16 at 3-48. The whole volume for the period up to 1900 is invaluable
for a collection of relevant statutes.
37 See Charity Legislation in New York, supra, note 16 at 49-52.
38
L.1784, c. 35.
39 Removals were authorized to places where persons were "last legally
settled" ·unless sufficient security was given. Removal was not permitted
after forty days. Under certain conditions, after registration, settlement
was acquired. Settlement was also acquired by holding public office for
a year or having paid taxes for two years without registration, or by apprenticeship of two years. There was a right of appeal in most instances
to the next general or quarter sessions of the peace from determinations
of a justice of the peace. Under penalty, the justice of the peace to which
the person was removed was required to receive the removed person. Provision was also made for coming from another district under authorization
of a certificate from the district of origin with the right to acquire settlement in the new district if such person "shall really and bona fide rent a
tenement of the yearly value of five pounds or" hold an annual office.
The overseers of the poor of the district of settlement were to make reimbursments for the expenses of maintaining or removing persons thereto.
Provision was also made to prevent vexatious removals and frivolous ap·
peals,
.XIX
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
certain close relatives,40 the election of overseers of the poor;'l the
apportionment of costs between towns, bureaus, manors or precincts
within a parish by the supervisors of the county, 42 the abolition of
certain offices of church wardens and vestrymen for the poor, 4 3 annual meetings at which provision was to be made for the poor, binding out as apprentices children of parents unable to maintain them,
compelling work, estimates and appropriations, a record thereof,
accountings, auditing and kindred subjects, this act of 1784 imbedded into the statutes of New York the roots which were to grow
through the years. One of the ea.rliestcity charters with provision for "an almshouse for relief of the poor" dates to this period. 44
Other statutes made provision for children born out of wedlock. 45
In 1788
"Whereas the laws of this State for the settlement and relief
of the poor and for the removal of disorderly persons, have by
experience been found insufficient, for remedy whereof"
there was enacted
"An act for the better settlement and relief of the poor."
The modifications which it made to existing law remolded the roots
theretofore embedded in the statutes in a form more closely resemoling provisions now in the law. With few exceptions, this similar .
40 The statute provided:
"That the father and grandfather, mother and grandmother (being
of sufficient ability) of any poor, lame or decrepit person or persons,
whomsoever, not being able to maintain themselves, and becoming
chargeable to any district within this State; and the children and
grand children (being of sufficient ability) of every poor, old, blind,
lame or impotent person, not being able to maintain themselves, and
becoming chargeable as aforesaid, shall severally, at his, her, or their
charges and expenses, relieve and maintain every such poor person,
as aforesaid, in such manner as the justice of the peace of the county, where such sufficient person shall dwell, at their general or quarter sessions of the peace shall order and direct, on pain of forfeiting".
'The statute also had provision as to absconding fathers and husbands.
41 Provision was made for the annual election, in those districts where
provision had not already been made by law therefor, of so many overseers of the poor as the majority of the freeholders and inhabitants shall
judge necessary.
42
"In such manner as equity and good conscience shall dictate".
43 Theretofore used in New York City, Queens, Richmond and Westchester counties. Special provision was made for the care of the poor in the
city and county of New York by the act. See also L.1784, c. 43 and supra,
note 31.
44
Charter of the City of Hudson, L.1785, c. 83.
45
L.1788, c. 14; L.1801, c. 18.
XX
VELFARE' LEGISLATION
ion of overseers of the poor, 41 the
Jwns, bureaus, manors or precincts
~s of the county,42 the abolition of
and vestrymen for the poor,4 3 anwas to be made for the poor, bind[ parents unable to maintain them,
appropriations, a record thereof,
i subjects, this act of 1784 imbed)rk the roots which were to grow
earliest city charters with proviof the poor" dates to this period. 44
1r children born out of wedlock. 45
)tate for the settlement and relief
val of disorderly persons, have by
ficient, for remedy whereof"
ent and relief of the poor."
to existing law remolded the roots
tes in a form more closely resemWith few exceptions, this similar
ter, mother and grandmother (being
lame or decrepit person or persons,
maintain themselves, and becoming
11 this State; and the children and
:1t ability) of every poor, old, blind,.
ng able to maintain themselves, and
, shall severally, at his, her, or their
d maintain every such poor person,
the justice of the peace of the coun;hall dwell, at their general or quarler and direct, on pain of forfeiting".
absconding fathers and husbands.
1al election, in those districts where
\ by law therefor, of so many over;he freeholders and inhabitants shall
·ood conscience shall dictate".
ty, Queens, Richmond and Westcheslade for the care of the poor in the
ct. See also L.1784, c. 43 and supra,
1785, c. 83.
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
process, of course, was refined through the years. 46 In general,
the several decades prior to 1824 saw the enactment of many special statutes relating to the support of the poor.
(b) 1824-1867
As a result of a very comprehensive report "On the Relief and
Settlement of the Poor" 47 rendered by the Secretary of State in
1824 pursuant to a concurrent resolution of both houses of the Leg~
46 See e.g. the next important statutes dealing with settlement and removal: L.1801,. c. 184; L.1S<m, c. 90; L.1813, c. 78.
. 47 Published in the Senate Journal (47th sess. [Albany, 1824]), pp. 95108; the accompanying documents were published as Appendix A to the
same Journal, comprising 154 pages. The Report and Appendix may also
be found in the Assembly Journal for 1824 (pp. 386-99 and Appen. B).
They were reprinted in the New York State Board of Charities, Annual
Report for the Year 1900 (Albany, 1901), I, 937-1145. This comprehensive
"Yates" survey revealed poor relief methods of the time to have been
mainly divided into four categories:
1. Almshouse relief
2. Home relief
3. The "contract system," whereby all the poor of a town were
placed under the care of one or more householders at a fixed rate
per year, month or week
4. The "auction system," whereby the care of the town's poor was
"auctioned off" to the lowest bidder or bidders, individually or
collectively
and after enumerating the defects in the poor law system of New York
made ten major recommendations:
1. The establishment of one or more houses of employment in every
county, with a farm connected to each institution. Here paupers
could be maintained at county expense, and employed at labor,
chiefly agricultural, according to their abilities. The children of
paupers should receive proper education and be bound out at suitable ages.
2. A workhouse or penitentiary should be built in connection with
each county poorhouse, for the reception of beggars and vagrants.
3. Poor relief funds could be raised by an increase in the excise duties and a special tax on owners of distilleries of whiskey and
other ardent spirits.
4. One year's residence in a county should constitute a settlement,
with the exception of certain specified cases, in place of the confused and complex requirements for gaining settlement under the
prevailing laws.
5. All orders of removal should be abolished. Persons entitled to
relief should receive it in the county where they became sick or
infirm ; able-bodied vagrants should be returned to their county
of settlement, or be sent to the workhouse upon refusal.
6. No able-bodied male betwe~n the ages of eighteen and fifty years
should be placed on the pauper list, or be maintained at public
expense.
. 1. Severe penalties should be inflicted on all those apprehended in
bringing to, or leaving in, a county any indigent person not chargeable to it.
8. Street beggary should be prohibited, and ·beggars should be sent
to workhouses immediately.
XXI
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
islature,48 L.1824, c. 331 49 created a State-wide system of county
almshouses-mandatory in sixteen counties and permissive in thirtyeight-establishing the principle of indoor relief and making the
county poorhouse the center of the public relief system with county
responsibility for all poor persons lacking settlement. Removals of
indigent persons across county lines were prohibited. Before long,
however, inroads were made on the principle of county responsibility provided for in the act of 1824. Legislative authorizations
followed for particular counties permitt~ng a dual set-up of city and
town charges alongside of the "county poor", 50 resulting in three
different poor relief systems.
In the words of the statutory revisers of 1827 51
"There are now three systems in this state: one where the
poor are all a county charge; another where there are county
9.
The expense of erecting each house of employment, or poorhouse,
should be borne by the county out of tax monies.
10. Persons imprisoned on civil process, together with their families,
should be supported if necessary at county expense, inasmuch as
there was no legal provision at the time for the support of needy
persons (such as debtors) imprisoned in towns where they had no
legal settlement.
48 New York State Assembly, Journal (46th sess. [Albany, 1823]), p. 937;
New York State Senate, Journal (46th sess. [Albany, 1823]), pp. 36G-61. The
Secretary of State, John V. N. Yates, was authorized:
"to collect from the several towns, cities and counties of this state,
such information as may be necessary to give a distinct view of the
expenses and operation of the laws for the relief and settlement of
the poor; and also such information from other states, with respect
to their poor laws, as may show the effect of those systems, and suggest improvements in our own ; and that he communicate a digest or
abstract of such information to the legislature."
A joint legislative committee, appointed in 1819, had rendered a report
previously. New York State Assembly, Journal (42d sess. [Albany, 1819]),
p. 607. Between 1819 and 1823 several legislative committees investigating the poor law did little more than repeat the observations and suggestions of the 1819 committee.
49 The "Yates" report was accompanied by a model bill embodying the
principal recommendations made by the Secretary of State. L.1824, c.
331, "An act to provide for the establishment of county poor houses" was
that model bill with some important modifications.
50 See e.g. L.1826, c. 147 for the County of Schenectady. On the other
hand, see L.1826, c. 146 adding Genesee County to the eighteen originally
covered by the act of 1824 making the county solely responsible for the
indigent. To a similar effect L.1827, c. 166 applicable to Saratoga County;
L.1827, c. 197 applicable to Washington and Warren Counties with permission to Cayuga, Herkimer and Ontario to adopt the county responsibility system by a vote of the board of supervisors. Some of the counties, e.g.,
Niagara, Steuben and Wayne originally within the scope of L.1824, c. 331
petitioned the Legislature to be exempted therefrom.
51 III New York Revised Statutes (Second edition 1836) Appendix, p.
546, containing extracts from the original reports of the revisers as to
Chapter XX, Title 1 "Of the Relief and Support of Indigent Persons".
XXII
WELFARE' LEGISLATION
tted a State-wide system of county
:n counties and permissive in thirty~ of indoor relief and making the
the public relief system with county
1s lacking settlement. Removals of
ines were prohibited. Before long,
L the principle of county responsif 1824. Legislative authorizations
~ermitting a dual set-up of city and
'county poor",50 resulting in three
revisers of 1827 51
~ms in this state: one where the
e; another where there are county
r
h house of employment, or poorhouse,
ty out of tax monies.
process, together with their families,
;sary at county expense, inasmuch as
at the time for the support of needy
.prisoned in towns where they had no
1al (46th sess. [.Albany, 1823]), p. 937 ;
L sess. [.Albany, 1823]), pp. 36G-61. The
, was authorized:
'ns, cities and counties of this state,
essary to give a distinct view of the
aws for the relief and settlement of
ation from other states, with respect
the effect of those systems, and sugand that he communicate a digest or
1e legislature."
1ted in 1819, had rendered a report
ly, Journal (42d sess. [.Albany, 1819]),
ral legislative committees investigatL repeat the observations and suggesmied by a model bill embodying the
the Secretary of State. L.1824, c.
lishment of county poor houses" was
LOdifications.
·
mnty of Schenectady. On the other
;ee County to the eighteen originally
he county solely responsible for the
~. 166 applicable to Saratoga County;
ton and Warren Counties with perario to adopt the county responsibilipervisors. Some of the counties, e.g.,
ly within the scope of L.1824, c. 331
ted therefrom.
(Second edition 1836) .Appendix, p.
iginal reports of the revisers as to
nd Support of Indigent Persons".
II
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
poor-houses, and the deficiency in the funds for the support
of the poor is assessed upon the several towns in proportion
to their paupers respectively; a third, where there are no county poor-houses, and each town supports its own poor." 52
Said the revisers also :
"In preparing this Title, the .Revisers have met with great
difficulties arising from the various and complicated provisions
of the existing laws.
We have endeavored to consolidate the existing laws, and. render them as intelligible as the
nature of the subject admitted, with the following alterations:
-The existing, perplexed and complicated law of settlement, is
proposed to be abrogated, and to substitute for it a plain practical rule derived from the constitutional qualifications of an
elector. As paupers can no longer be removed from one county to another, the increase of those chargeable to the county
must be very great. As the county has to defray the expense,
'it ought to direct its application, instead of leaving it to the discretion of the overseers of the town where a county pauper
may be. To accomplish this, we propose the institution of a
board of county superintendents of the poor, who are to have
the exclusive charge of the county paupers. Having such a
board, it appeared advisable to give it a general superintendence over the poor, as a means of producing uniformity, increasing vigilance, and saving much expense. Connected with this,
and indispensable to it, a provision is inserted for paying all the
poor money into the county treasury; the effect of which, it is
believed, will be to ensure a more rigid accountability, and a
more faithful application of the funds. The vexatious, expensive, and frequently inhuman practice of compulsory removals
of a pauper from one town to another, or from a county into
which he has been fraudulently brought, which yet 'prevails,
is proposed to be abolished, and a plain, summary, cheap and
effectual substitute offered. Other less important alterations
will appear, with the reasons for them in notes to the different
sections.
"After having done the best we could to improve and simplify the existing laws, we have yet come to a decided conviction
52 Ibid., at 546.
There were certain exceptions for temporary relief.
See for example, Revised Statutes of 1827, c. XX, section 46 wherein it
was provided:
"no greater sum than ten dollars shall be expended or paid for the
relief of any one poor person, or one family, without the sanction in
writing of one of the superintendents of the poor of the county, which
shall be presented to the county treasurer with the order of the justice."
XXIII
ffiSTORY OF 'SOCIAL WELFARE' LEGISLATION
in our own minds, that a simple system embracing the county
poor-houses and the principle of making all the poor a county
charge, is by far the most practicable and economical. Such a
system, taken essentially from some special acts· in relation to
the counties of Genesee and Warren, is h~rewith presented, that
the legislature may have a full view of the whole subject, and
decide between the two. We can not forbear from remarking,
that the principle of the English laws is, that each parish shall
support its own poor. In adopting their laws, we have extended it to towns, which include many parishes; why it should not
be still further extended to counties, we are unable to perceive." 53
In the Revised Statutes of 1827,54 as enacted, sweeping changes
were made in settlement requirements; property qualifications were
dropped completely. To the ban on removals across county lines
was added a ban on removals within a county. Persons were to be
provided for where they resided. Non-settled persons were to be
supported at county expense. In counties where there was no distinction between town and county poor all persons were to be supported by the county. With certain exceptions as to temporary relief,55 in those counties having a county poorhouse all paupers were
to be maintained therein. In those counties without a county poorhouse the overseers of the poor
"were required to examine into the condition and circumstances
of an applicant with the assistance of a justice of the peace and
to prepare a written order 'for such allowance, weekly or otherwise, as the said justice and one of the said overseers shall
think required by the necessities of such poor person.' " 56
Provisions were made for financing poor relief 'VV-ith the major source
being special taxes on real and personal estates and, to some extent,
forfeitures and fines. Annual reports by the county superintendents
of the poor to the Secretary of State were a big stride toward a
regular State-wide system of poor relief statistics.57
53
III New York Revised Statutes (Second edition 1836) Appendix, 546-
547.
54 Ibid., see particularly Chapter XX, Title 1 "Of the Relief and Support of Indigent Persons".
55
See, supra, note 52;
56 cf., supra, note 52.
57 The mandatory requirements of the law in this respect were one
thing; its administration, another.
XXIV
• WELFARE' LEGISLATION
simple system embracing the county
iple of making all the poor a county
practicable and economical. Such a
rom some special acts· in relation to
i Warren, is herewith presented, that
full view of the whole subject, and
N'e can not forbear from remarking,
nglish laws is, that each parish shall
1dopting their laws, we have extendie many parishes; why it should not
to counties, we are unable to per-
827,04 as enacted, sweeping changes
ements; property qualifications were
an on removals across county lines
"ithin a county. Persons were to be
~d. Non-settled persons were to be
[n counties where there was no disLty poor all persons were to be suprtain exceptions as to temporary reL county poorhouse all paupers were
ose. counties without a county poorinto the condition and circumstances
istance of a justice of the peace and
'for such allowance, weekly or othand one of the said overseers shall
;ities of such poor person.' " li&
ng poor relief with the major source
>ersonal estates and, to some extent,
~ports by the county superintendents
: State were a big stride toward a
)r relief statistics.57
~
(Second edition 1836) Appendix, 546-
XX, Title 1 "Of the Relief and Sup-
>f the law 1n this respect were one
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
But it was not long before the principle of county responsibility,
centered around the county poorhouse, began to disintegrate. 5 8 Special legislation for particular counties followed, permitting the res.toration of the distinction between town and county poor.5&
.. A committee of the state senate appointed in 1856 to investigate
"all charitable institutions supported or assisted by the State
and all city and county poor and workhouses and jails.''
~d specifically instructed
"to examine into the condition of the said establishments, their
receipts and expenditures, their method of instruction, and the
government, treatment and management of their inmates, the
conduct of the trustees, directors or other officers of the same,
and all other matters whatever pertaining to their usefulness
and good government",6 0
recommended the return to outdoor relief,61 .the removal of children
from poorhouses and their placement in orphanages and similar instihltions for special care,62 the removal of insane paupers .from
58 In 1838 the New York State Assembly Committee on the Internal Affairs of Towns and Counties made an investigation of alleged abuses existing in county poorhouses and reported March 30, 1838 and April 18,
1838. New York State Assembly, Documents 61st sess. [Albany, 1838] Vol.
VI, Docs. Nos. 310 and 360.
59 See L.1839, c. 121 authorizing the town overseers of the poor in Genesee County to care for paupers locally or to send them to the county
poorhouse to be maintained at town expense. Similar requests by Ohemung, Essex, Franklin, Greene, Steuben and Warren Counties were rejected on the recommendation of the legislative Committee on Internal
Affairs. Ibid. (63d sess. [Albany, 1840]) Vol. VI, Doc. No. 267; Ibid. (64th
sess. [Albany, 1841]), Vol. VII, Doc. No. 265. However, authorization to
restore the distinction between town and county poor was given by the
Legislature in 1842 to Lewis County, in 1843 to Herkimer, Saratoga and
Tioga Counties, in 1844 to Cattaraugus, Chautauqua, Jefferson, Otsego
and Steuben Counties, in 1845 to Dutchess, Essex and Oneida Counties, in
1848 to Allegany, Broome, Cortland, Franklin, Livingston, Onondaga,
Orange, Seneca, Sullivan and Ulster and :finally in 1849 the county boards
of supervisors throughout the state were authorized to abolish or restore
at their own discretion the distinction between town and county poor. L.
1849, c. 194.
60
61 "Worthy indigent persons should, if possible, be kept from the degradation of the poor house, by reasonable supplies of provisions, bedding,
and other absolute necessaries, at their own homes." New York State
Senate Select Committee to Visit the Charitable and Penal Institutions
of the State, "Report," in Senate Documents (80th sess. [Albany, 1857]),
Vol. I, Doc. No. 8.
62
XIV
New York State Senate, Journal (79th sess. [Albany, 1856]), p, 165.
This found expression in L.1875, c. 308.
XXV
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
almshouses and the building of state hospitals for their reception,
legal requirements for the better regulation of almshouses and, most
important, a law providing
"for a more efficient and constant supervision of all the charitable and refom1atory institutions which participate in the pub-·
lie bounty, or are supported by taxation; and a commission of
well qualified persons, to be appointed by the Governor and
Senate, with such arrangement of the terms of service as will
constantly secure experience, appears to be the best mode of
effecting the purpose." 63
NEW YORK STATE:
1867-1929
(a) 1867-1894
Reflecting the report of the Committee of 1856, by L.1867, c. 951
there was created "The Board of State Commissioners of Public
Charities". 64 With a representative from each of the eight judicial
districts of the state, appointed by the Governor with the consent of
the Senate, the Board was authorized to visit and examine itito the
affairs of
"all the charitable and correctional institutions of the State,
excepting prisons, receiving State aid" 65
and
"into the condition of each of the city and county alms or
poor house"
and was to report annually to the Legislature. The act further provided that whenever any institution subject to inspection required
sa See "Report," supra, note 61 at 22. Nothing came out of the draft
of a revision of existing poor laws prepared by a committee of the Senate
appointed to draft such a revision. New York State Senate, Journal (80th
sess. [Albany, 1857]'), p. 940.
64 See, supra, note 63 recommending the appointment of such a board. ·
Previously in 1863 in Massachusetts and in 1867 in Ohio, the first and
second State Board of Charities in the United States had been established;
New York was followed soon after by Kansas in 1868 and by Illinois and
Pennsylvania in 1869. Since that time the list of states having similar
boards has grown tremendously. cf. the Board of Commissioners of Emigration established by L.1846, c. 195, which was charged with the responsibility of reimbursing local communities in New York for relief granted
to certain foreigners. It .functioned until 1891 when it was superseded by
federal immigration authorities under a congressional act.
65
The act went on to provide
"and ascertain whether the moneys appropriated for their aid are or
have been economically and judiciously expended; whether the ob.XXVI
WELFARE' LEGISLATION
state hospitals for their reception,
regulation of almshouses and, most
nstant supervision of all the charittions which participate in the pub··
by taxation; and a commission of
e appointed by the Governor and
ent of the terms of service as will
~, appears to be the best mode of
l'ATE:
1867-1929
57-1894
mmittee of 1856, by L.l867, c. 951
Jf State Commissioners of Public
ive from each of the eight judicial
r the Governor with the consent of
~ized to visit and examine into the
ectional institutions of the State,
State aid" 65
of the city and county alms or
Legislature. The act further proion subject to inspection required
22. Nothing came out of the draft
repared by a committee of the Senate
~ew York State Senate, Journal (80th
1g the appointment of such a board.
; and in 1867 in Ohio, the first and
e United States had been establi~hed,
y Kansas in 1868 and by Illinois and
lme the list of states having similar
the Board of Commissioners of Emiwhich was charged with the responities in New York for relief granted
until 1891 when it was superseded by
· a congressional act.
~ys
appropriated for their aid are or
expended; whether the ob-
~iciously
:vi
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
state aid for other than usual expenses,66 the commissioners were to
inquire carefully and fully into the matter and include the result of
such inquiries in their annual report.
By L.1873, c. 571 . the administrative "Board of State Commis. sioners of Public Charities" was renamed "The State Board of
Charities", and to their existing duties was added increased visitation and inspection to include
"any charitable, eleemosynary, correctional or reformatory institution in this state, excepting prisons, whether receiving
state aid or maintained by municipalities or otherwise and
any incorporated or private asylums, institutions,
homes or retreats, licensed for the detention, treatment and care
of the insane or persons of unsound mind
"
jects of the several institutions are accomplished; whether the laws
in relation to them are fully complied with; whether all parts of the
State are equally benefited by said institutions, and the various other
matters referred to in the fourth section of this act; and report in
writing to the Legislature, at the opening of each annual session of
the same, the result of their investigations, together with such other
information and recommendations as they may deem proper."
Section 4 provided:
"The said commissioners shall have full power at all times to look
into and examine the condition of the several institutions which they
may be authorized by this act to visit, financially and otherwise; to
inquire and examine into their methods of instruction, and the government and management of their inmates ; the official conduct of
trustees, directors and other officers and employees of the same ; the
condition of the buildings, grounds and other property connected
therewith, and into all other matters pertaining to their usefulness
and good management ; and for these purposes they shall have free
access to the grounds, buildings and all books and papers relating to
said institutions ; and an persons now or hereafter in any manner·
connected with the same, are hereby directed and require~ to give
such information, and afford such facilities for inspection, as the said'
commissioners may require; and any neglect or refusal on the part
of any officer or person connected with Buch institution, to comply
with the requirements of this section, shall subject the offender to a
penalty of two hundred and fifty dollus, to be sued for and collected'
by the said commissioners, in their name of office."
Section 8 authorized the commissioners to administer oaths. Section 9·
authorized the appointment of a clerk. Section 10 provided for quarters
in the capitol or the "new State hall". Section 11 required attendance of
the commissioners at legislative sessions when requested. Section 12 required the comptroller to furnish the board with a journal, account books,
blanks and stationery.. Section 14 prohibited a board member from being
interested in any contract for building, repairing or furnishing any institutions subject ·to their visitation and inspection and from being a trustee
or an officer of any such institution.
66 There was to be no compensation other than for actual expenses in
the performance of their duties. L.1867, c. 951, § 13.
XXVII
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
The language of this section and of the other provisions of that
chapter, 67 with varying degrees of modification, is found in many
sections of the present Social Welfare Law. 68
by
The Committee on General Laws of the New York State Assembly of 1877 was directed to investigate the. subjects involved in the Code of Poor Laws and submit
44
"a bill designed to remedy the evils so onerous to the people,.
growing out of the existing poor laws and their administration." 69
The bill recommended to the Legislature of 1880, entitled "An
act to revise and consolidate the general laws relating to the relief
and support of indigent persons," was stated by the Committee to
have as its aim the simplification of
"the laws and thus avoid the confusion in their administration
which now exists, and is the cause of great annoyance to the superintendents and others charged with their administration." 70
But it was not
adopted. 71 ·
co
th
w:
By L.1881, c. 323 justices of the supreme court were authorized,
on application of the board of managers of the State Charities' Aid
Association, a corporation organized in 1848,72 to permit persons
designated by their order to visit, inspect and examine in behalf of
the Association any of the county poorhouses, town poorhouses or
city almshouses. Such authority still exists as ~o any public home,
public charitable institution and state hospital for the insane, owned
ti<
re
fil
tb
tb
tb
0
be
tb
Ul
L.1873, c. 571 provided also for the board's appointment of three or
more visitors in a county to visit poorhouses and other institutions (§ 8).
Other provisions of that act (§§ 9--14) provided for licensing of institutions
and houses for the care of the insane or persons of unsound mind, and
the appointment of a State Commissioner in Lunacy, who was to be an
ex officio member of The State Board of Charities.
67
cl
it
w
01
vi
Compare L.1873, c. 571 with §§ 9, 13, 19, 20, 21, 23, 36 and 37 of the
Social Welfare Law.
68
69 Assembly Documents, 119th Session (1896) Vol. 19, Nos. 87-88, p. 253
"Revisers' Preliminary Note to the Poor Law."
70
Ibid.
71 Amongst other attempts at revision were two in 1900 proposed by the
Statutory Revision Commission, one to the State Charities Law, one to the
Poor Law, and others to the Poor Law in 1927.
o:
72 L.1848, c. 319 as amended. See also State Charities Law of 1896, §
121; State Charities Law of 1909, §§ 30'-32; and Social Welfare. Law, §§
461-463.
p
b
.XXVIII
S·
p
s
tJFARE' LEGISLATION
Jf the other provisions of that
modification, is found in many
re Law. 68
of the New York State Assemate the. subjects involved in the ·
evils so onerous to the people,.
JOr laws and their administra-
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
by the state. 73 The State Charities' Aid Association is required to
make an annual report to the State Board of Social Welfare. 74
Child care received -an impetus in the eighties. By L.1883, c.
446, 75 as an additional condition precedent to incorporation of societies for the care of children, the approval of the State Board of
Charities was required. 76 By L.l888, c. 145, an amendment to the
Penal Code provided:
"Any person other than a superintendent of the poor, or a superintendent of alms-houses, or an institution duly incorporated
for the purpose, who receives, boards or keeps any nursing
children, or any children under the age of twelve years not his
relatives, apprentices, pupils or wards, without legal commitment, or without having first obtained a license in writing so to
gislature of 1880, entitled "An
neral laws relating to the relief
vas stated by the Committee to
)nfusion in their administration
.se of great annoyance to the su~d with their administration." 70
supreme court were authorized,
gers of the State Charities' Aid
d in 1848, 72 to permit persons
.spect and examine in behalf of
)Oorhouses, town poorhouses or
11 exists as to any public home,
~ hospital for the insane, owned
e board's appointment of three or
1ouses and other institutions (§ 8).
:ovided for licensing of institutions
or persons of unsound mind, and
oer in Lunacy, who was to be an
: Charities.
.3, 19, 20, 21, 23, 36 and 37 of the
(1896) Vol. 19, Nos. 87-88, p. 253
Law."
L
were two in 1900 proposed by the
;he State Charities Law, one to the
in 1927.
so State Charities Law of 1896, §
[}-32; and Social Welfare Law, §§
73
Social Welfare Law, § 461.
74
See L.1881, c. 323, § 3 and Social Welfare Law, § 463.
75 This amended L.1848, c. 319. The latter statute required for the incorporation of a· benevolent, charitable, scientific or missionary society,
that five or more persons of full age sign and authenticate a certificate in
writing, stating the name by which the society should be known, the particular business and objects of the society, the number of its trustees, directors or managers, and the names of such to manage the society for the
first year of its existence. Copies of the certificate were to be filed in
the office of the Secretary of State and the Clerk of the County in which
the business of the society was to be conducted. Previous to such filing
the written consent and approbation of one of the justices of the Supreme
Oourt of the district in which the place of business of such society should
be located, had to be endorsed on the certificate.
71l "No written consent or approbation shall be given by any justice of
the Supreme Court for the organization and incorporation of any society
under this act for the care or disposal of any orphan, pauper or destitute
children, except upon the certificate in writiHg of the State Board of Char~
ities approving of the organization and incorporation of such society,
which certificate of such State Board of Charities shall be filed with the
original certificate of such incorporation."
The Membership Corporations Law of 1895 (L.18:95, c. 559), in § 31 provided:
"If such certificate specify among such purposes tlle care of orphan,
pauper or destitute children, the establishment or maintenance of a
maternity hospital or lying-in asylum where women may be received,
cared for or treated during pregnancy, or during or after delivery,
or for boarding or keeping nursing children, the written approval of
the state board of charities shall also be indorsed thereupon or annexed thereto, before the :filing thereof."
Section 80 thereof, which dealt with "a hospital, infirmary, dispensary
or home for invalids, aged or indigent persons" likewise required the approval of the State Board of Charities. But see, as to the New York
State Society for the Prevention of Cruelty to Children, Membership Corporations Law (L.1926, c. 722), Article 11, §§ 120-121, derived from Membership Corporations Law of 1895, § 70.
XXIX
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
',I
do from a member of the State Board of Charities, or from the
mayor, or board of health of the city or town wherein such
children are received, boarded or kept, or who violates the provisions of such license, is guilty of a misdemeanor. Such license must specify the name and residence of the person so undertaking the care of such children, and the place and the number of children thereby allowed to be received, boarded and kept
therein, and shall be revocabie at will by the authority granting
it. Such person shall keep a register wherein he shall enter
'the names and ages of all such children, and the names and
residences of their parents, as far as known, the time of the
reception and discharge of such children, and the reasons therefor, and if he neglects or omits so to do, he is guilty of a misdemeanor. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children, at all
reasonable times to enter and inspect the premises wherein such
children are so boarded, received or kept, and also such register
and the children."
which provision imbedded into the law roots which have subsequently grown into the detailed provisions now found in the law dealing
with the care and protection of children under foster care.77
Many state institutions formerly within the jurisdiction of the
State Department of Social Welfare, because of their specialized
i
nature have been transferred to the jurisdiction of other state de- 1
.1
!
partments.78 Of the five state institutions presently in the State
Department of Social ·welfare, the New York State Training· ·~
School for Boys at Warwick in some form dates back to 1824,79
the State Agricultural and Industrial School at Industry dates back
!
77 See Social Welfare Law, Article 6, Titles 1, 2 and 3. The earlier
progressive steps in relation to children are discussed in Schneider, supra, .
note 14. See infra, note 117.
78 For example, the Rome State Custodial Asylum and Craig Colony to
the State Department of Mental Hygiene; the New York State Orthope-dic Hospital for Children and the New York State Hospital for the Treatment of Incipient Pulmonary Tuberculosis to the State Department of
Health. See Mental Hygiene Law and Public Health Law. In relation to
financial matters pertaining to the state institutions see State Finance
Law, §§ 125-127. See Social Welfare Law, Article 7, Title 1, particularly
§ 411.
'79 The Society for the Reformation of J"uvenile Delinquents was incorporated by L.1824, c. 126 and was authorized to establish a House of Refuge, a private institution. By L.1825, c. 107 the state began to act as a
subsidizing agent with an annual appropriation of $2,000 for five years.
Revised Statutes of 1827-28 (Part IV, c. i, Title 7) provided that to the
House of Refuge juvenile delinquents could be confined from all parts
of the state. See •also e.g. L.1826, c. 24 in relation to financial subsidy ;
XXX
JLFARE' LEGISLATION
Board of Charities, or from the
' the city or town wherein such
or kept, or who violates the prolty of a misdemeanor. Such lind residence of the person so un.dren, and the place and the numl to be received, boarded and kept
at will by the authority granting
. register wherein he shall enter
1ch children, and the names and
s far as known, the time of the
:h children, and the reasons therets so to do, he is guilty of a mistl for the officers of· any incorttion of cruelty to children, at all
inspect the premises wherein such
red or kept, and also such register
!
law roots which have subsequentms now found in the law dealing
ldren under foster care.77
ly within the jurisdiction of the
fare, because of their specialized
he jurisdiction of other state denstitutions presently in the State
the New York State Training
some form dates back to 1824,79
rial School at Industry dates back
e 6, Titles 1, 2 and 3. The earlier
.·en are discussed in Schneider, supra, .
Jstodial Asylum and Craig Colony to
giene; the New York State Orthopew York State Hospital for the Treat.·culosis to the State Department of
td Public Health Law. In relation to
state institutions see State Finance
l Law, Article 7, Title 1, particularly
n of Juvenile Delinquents was incortthorized to establish a House of Ref5, c. 107 the state began to act as a
ppropriation of $2,000 for five years.
V, c. i, Title 7) provided that to the
tts could be confined from all parts
!. 24 in relation to financial subsidy ;
KX
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
to 1846, 80 the Thomas Indian School at Iroquois dates back to
1855,81 the New York State Training School for Girls at Hudson was
started in 1881,82 and the New York State Woman's Relief Corps
Home at Oxford dates back to 1894 83. The first two and the fourth
are "State training schools" for juvenile delinquents. 84
The plan of veteran relief written into the statutes by L.l887, c:
706 wherein towns and cities were permitted to provide money
"for the relief of indigent and suffering soldiers, sailors and
marines, who served in the war of the rebellion, and their families, or the families of those deceased, who need assistance"
which money was to be
"drawn upon by the commander and quartermaster of any
post of the Grand Army of the Republic 85 in said city or town,
upon the recommendation of the relief committee of said post,
and also L.1829, c. 302; L.1931, c. 186 (authorizing New York City to appropriate $4,000 annually thereto). In 1935 the House of Refuge was
abandoned and its inmates were transferred to the New York State Training School for Boys at Warwick. [See L.1935, c. 24 as amended,]' and
the New York State Vocational Institution at West Coxsackie. The latter state institution, as others, are under the jurisdiction of the State Department of Correction. See Correction Law, § 331.
c.
·so L.1846,
143 established the Western House of Refuge for Juvenile
Delinquents. It opened in 1849. It differed from the New York House
of Refuge in that it was financed and controlled by the state from its beginning. L.1850, c, 24 restricted the area which it was to serve to the
fourth, fifth, sixth, seventh and eighth judicial districts, and provided
that the New York House of Refuge was to serve the first three judicial
districts. By L.1850, c. 304 the former was limited to boys. But see L.
1853, c. 608 permitting both institutions the reception of all children committed by a federal court. The name of' the Western House of Refuge
was changed to the State Industrial School in 1886 and to the State Agricultural and Industrial School in 1902.
81 The Thomas Asylum for Orphan and Destitute Indian Children incorporated by L.1855, c. 233 was given an appropriation of $2,000 and
an annual grant of $500 for two years. By L.1875, c. 162, it became a
state institution. By L.1895, c. 38 the asylum was continued and the
institution was made subject to the power of the State Board of Charities. In 1905 its' name was changed to the Thomas Indian School.
82 By L.1881, c. 187 the House of Refuge for Women was established.
Opened on April 15, 1887, ~ts name was changed to the New York State
Training School for Girls by L.1904, c. 453.
83 The New York State Woman's Relief Corps Home was established by
L.1894, c. 468.
84.
Social Welfare Law, Article 7, Title 2.
85 The Grand Army of the Republic which was the pioneer in veteran
relief as now included in Article 5, Title 3 of the Social Welfare Law was
incorporated by L.1885, c. 11.
52A McKINNEY LAws-c
XXXI
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
in the same manner as is now provided by law for the relief
of the poor" 86
established the roots for a system of veteran relief in this state,
carried successively with some slight modification into the Poor Law
of 1896,87 the Poor Law of 1909,88 the Public Welfare Law of
1929,89 and the Social Welfare Law of 1940.00 Over the years various veteran organizations in addition to the Grand Army of the
Republic were added to those authorized to administer veteran assistance.9'1
Sect
(b) 1894-1909
Reverting to 1894, the Constitutional Convention of that year
made the State Board of Charities a constitutional body. Article
VIII, § 11 provided :
"Section 11. The Legislature shall provide for a state board
of charities, which shall visit and inspect all institutions, whether state, county, municipal, incorporated or not incorporated,
which are of a charitable, eleemosynary, correctional or reformatory character, excepting only such institutions as are hereby
made subject to the visitation and inspection of either of the
commissions, hereinafter mentioned, but including all reformatories except those in which adult males convicted of felony
shall be confined; a state commission in lunacy, whicp shall
visit and inspect all institutions, either public or private, used for
9
tim
86 The act further provided that if the commander of any post under. took the relief of indigent veterans, before his acts should become operative, he must file with the city clerk of a city or the town clerk of a town
notice that his post intended to undertake such relief work, and a similar
notice was to be filed annually thereafter. The act was amended by L.
1888, c. 261 and L.1895, c. 598.
87
L.1895, c. 225. See also L.1896, c. 598.
88
L.1909, c. 57.
89
L.1929, c. 565.
90
L.1940, c. 619.
United Spanish War Veterans was add-ed by L.1910, c. 102; American
Legion and Veterans of Foreign Wars of the United States were added
by L.1920, c. 803; Disabled American Veterans of the World War was
added by L.1924, c. 578; Jewish War Veterans of the United States, Incorporated was added by L.l939, c. 247; Catholic War Veterans, Incorporated was adde'd by L.1939, c. 247; Army and Navy Union of the United
States was added by L.1929, c. 565; Italian American World War Veterans of the United States, Incorporated was added by L.1939, c. 247; and
Polish Legion of American Veterans, Incorporated was added by L.1939,
c. 247. This increasing list is now included in Social Welfare Law, §
168.2•.
XXXII
91
·t
'I
~
LFARE' LEGISLATION
· provided by law for the relief
of veteran relief in this state,
t modification into the Poor Law
,88 the Public Welfare Law of
of 1940.90 Over the years vari[on to the Grand Army of the
Jrized to administer veteran as-
-1909
tional Convention of that year
a constitutional body. Article
e shall provide for a state board
inspect all institutions, wheth:orporated or not incorporated,
osynary, correctional or reformsuch institutions as are hereby
and inspection of either of the
med, but including all reforma.dult males convicted of felony
.mission in lunacy, whic):l shall
either public or private, used for
~d
:he commander of any post underfore his acts should become operaa city or the town clerk of a town
Lke such relief work, and a similar
Eter. The act was amended by L.
98.
added by L.1910, c. 102 ; American
of the United States were added
Veterans of the World War was
Veterans of the United States, In7; Catholic War Veterans, Incorrmy and Navy Union of the United
alian American World War Veterwas added by L.1939, c. 247; and
·ncorporated was added by L.1939,
1cluded in Social Welfare Law, §
[I
HISTORY OF 'SOCiaL WELFARE' LEGISLATION
the care and treatment of the insane (not including institutions
for epileptics or idiots) ; a state commission of prisons which
shall visit and inspect all institutions used for the detention
of sane adults charged with or convicted of crime, or detained
as witnesses or debtors." &a
Section 14 provided:
"Section 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, sup-port, 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." &s
92 Other relevant provisions added by the 1894 Constitutional Convention were:
"Section 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."
"Section 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 provision 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."
·
"Section 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 additional powers that are
not inconsistent with other provisions of the Constitution."
93 This was "a compromise between the advocates of extreme constitu·tional action on this subject, either for or against such payments . . . ".
The Quarterly Record (June 1900) "State Inspection of Private Charities",
William R. Stewart, President of the State Board of Charities, pp. 71-104.
XXXIII
BISTORY OF 'SOCIAL WELFARE' LEGISLATION
Section 11 of the State Constitution was modified in 1925 to exclude
from the jurisdiction of the State Board of Charities certain institutions which were to be visited and inspected by the Department
of Mental Hygiene and the State Commission of Correction. 94 In
1931 references in these sections to "The State Board of Charities"
was changed to "The State Board of Social Welfare". 00
'I
After the ratification of the revised Constitution of 1894, a committee of the State Board of Charities drafted a statute to supersede the Laws of 1867 and 1873,96 and to provide the necessary machinery to allow for the continuation of the work of the Board under the new Constitution. It became L. 1895, c. 771, ·entitled "An
act to revise and consolidate the laws relating to the State Board of
Charities." 97 The language of. the p1"evious statutes heretofore
mentioned, coupled with the additions and modifications made by
this act of 1895, formed much of the basis for the State Charities
Law of 1896.
94 The
text was amended to read as follows:
The legislature shall pro~ide for a state board of charities,
which shall visit and inspect all institutions, whether state, county,
municipal, incorporated or not incorporated, which are of a charitable,
eleemosynary, correctional or reformatory character, e(]Jcepting state
"§ 11.
institutions for the ed.ttcation ana support of the blind. ana the d.eaf
ana d.umb, and. excepting [onlyJ also such institutions as are hereby
made subject to the visitation and inspection of either of the [commissions,] authorities hereinafter mentioned, but including all reformatories [except those in which adult males convicted of felony shall
be confined ;J for juveniles. [a state commission in lunacy} The head.
of the department of mental hygiene [which] shall visit and inspect
all institutions, either public or private, used for the care and treatment of the insane, epiZ.ptics, idiots, feeble-minded. or mentally defective [(not including institutions for epileptics or idiots) ;]· There shall
be a ·state commission of correction, of which the head. of the ·d.epOA"tment of correction shall be the chairman, [prisons} which shall visit
and inspect all institutions used for the detention. of sane adults
charged with or convicted of crime, or detained as witnesses or debtora.."
95 By L.l929, c. 654 the name of the State Board of Charities was
changed to the State Board of Social Welfare and that of the State Department of Charities to the State Department of Social Welfare. As to
constitutional amendments of 1938 see text, infra.
96
See text, supra.
97 The State Board of Charities was continued with eleven members
designated as commissioners, appointed by the Governor with the consent
of the Senate for eight-year terms. Instead of being unpaid, except for
necessary disbursements, pursuant to Article X, § 9 of the Constitution
requiring that each state officer named in the Constitution shall receive
a compensation fixed by law, per diem fees of ten dollars for attendance
at meetings with an annual maximum of :five hundred dollars were provided for the commissioners.
XXXIV
AL WELFARE' LEGISLATION
titution was modified in 1925 to exclude
State Board of Charities certain insti>ited and inspected by the Department
State Commission of Correction.94 In
~ons to "The State Board of Charities"
oard of Social Welfare".f~5
e revised Constitution of 1894, a com: Charities drafted a statute to super:73,96 and to provide the necessary ma:nuation of the work of the Board un: became L. 1895, c. 771, entitled "An
:he laws relating to the State Board of
of. the previous statutes heretofore
additions and modifications made by
h of the basis for the State Charities
td as follows:
Lll provide for a state board of charities,
!t all institutions, whether state, county,
•t incorporated, which are of a charitable,
r reformatory character, eiiJcepting state
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
By L.1895, c. 559, the requirement of approval of the State Board
of Charities to certificates of incorporation pertaining to orphan,
pauper or destitute chi:ldren were transferred to the Membership
Corporations Law of that year 98 and a similar requirement was
made in connection with
"the establishment or maintenance of a maternity hospital or
lying-in asylum where women may be received, cared for
or treated during pregnancy or during or after delivery, or
for boarding or keeping nursing children
• ",99
and as to
"erecting, establishing or maintaining a hospital, infirmary,
dispensary or home for invalids, aged or indigent persons." 100
Turning again to public relief and care, prior to 1896 the laws
relating to the poor in New York were somewhat varied, scattered
and to a large extent, local in application. There was apparently
no aim to remove the existing evils. 101 However, a more successful
legislative attempt resulted in the enactment of the Poor Law in
1896. 102 The Revisers' Preliminary Note,:w 3 in part, read as follows:
"' ana support of tke blintZ ana the aeaf
nlyJ also such institutions as are hereby
m and inspection of either of the [com-
"The commission created by chapter 289 of the Laws of 1889,
was therein especially directed to consolidate and revise the
general poor laws, and the bill herewith submitted is their compliance with such direction, and includes the remaining unrepealed parts of title 1, chapter 20, part 1, of the Revised Statutes, and other general acts relating to the poor as contained .
in the Session Laws and Revised Statutes.
Iter mentioned, but including all reform~h adult males convicted of felony shall
[a state commission in lunacy] The heaa
hygiene [which] shall visit and inspect
or private, used for the care and treat' itliots, feeble-minaea or men,tally tlefee-
ns for epileptics or idiots) ;]· There Bhall
"ection, o1 which the heaa of the ·tlepartke chairman, [prisons} which shall visit
"It has been the aim of the commissioners to make the system of cnlministering relief ·to all classes of the unfortunate
used for the detention. of sane adults
crime, or detained as witnesses or debtof the State Board of Charities was
1cial Welfare and that of the State Dee Department of Social Welfare. As to
see text, infra.
was continued with eleven members
inted by the Governor with the consent
ts. Instead of being unpaid, except for
; to Article X, § 9 of the Constitution
1amed in the Constitution shall receive
diem fees of ten dollars for attendance
mum of 1ive hundred dollars were pro-
!S
!(XIV
98
§ 31.
99
§ 31.
100
§ 80.
l!01 One possible exception was the enactment, in 1881, of Title 8 of Part
6 of the Code of Criminal Procedure, which prescribed a procedure for
·compelling the support of poor persons by their relatives of sufficient
ability.
.
102 L.1896, c. 225, L. 1896, c. 914, entitled "An act to provide for the care
of aged, decrepit and mentally enfeebled persons who are not insane,"
carried into the State Charities Law of 1896 and 1909, was repealed by L.
1940, c. 619.
1113 Assembly Documents, l1'9th Session (1896) Vol, 19, Nos. 87-88, Re·
viser's Preliminary Note to the Poor Law, 253-254.
XXXV
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
poor as simple, uniform and certain as possible, so that no officer or bodies having this business in charge shall be excusable
for neglect. For this attainment, slight changes in existing
· laws are, therefore, necessarily made.
"In connection with the revlston of the law relating to the
care of the poor, we have prepared a chapter called the 'Charities law,' embracing the law concerning the creation of the
State Board of Charities 104 and its general powers and jurisdiction and especially with reference to its control and supervision
of charitable institutions; and this proposed chapter also contains a revision of the statutes relating to the several charitable
institutions of the State. In the present bill we have only retained so much of the law relating to the State Board of Charities as directly concerns the care of the poor in almshouses or
outside of the so-called charitable institutions."
Concerning the State Charities Law of 1896, 105 the same revisers'
report, in part, provided as follows :
"This chapter embraces all the existing law relating to organization, powers and duties of the State Board of Charities,
the finances of State charitable institutions, regulating the management and prescribing the treatment and control of the inmates thereof.
"There are few changes made in the law by this rev1s10n.
It has not been deemed expedient to alter the present methods
of managing these institutions. The few changes made are for
the sake of clearness of expression. The object sought is the
inclusion in a single chapter of our general laws of all the existing statutes relating to the supervision and control of affairs
of institutions created for the care, support and improvement
of cert.ain classes of dependents which the State, in its wisdom, has assumed. This chapter, and the Insanity Law, previously reported to this Legislature, contain all the statutes relating to the support and management of charitable institutions
104 Now the State Board of Social Welfare, N.Y.Const. Art. XVII, § 2.
By law the State Board of Social Welfare is the bead of the State Department of Social Welfare. Social Welfare Law§ 6.
105 L.1896,
c. 546.
XXXVI
~ARE'
LEGISLATION
ain as possible, so that no o£;s in charge shall be excusable
tt, slight changes in existing
aade.
m of the law relating to the
d a chapter called the 'Charileeming the creation of the
; general powers and jurisdicto its control and supervision
s proposed chapter also contting to the several charitable
present bill we have only reto the State Board of Chari,£ the poor in almshouses or
1stitutions."
>f 1896, 105 the same revisers'
xisting law relating to orle State Board of Charities
itutions, regulating the man~
nent and control of the in-
n the law by this reVIsiOn.
0 alter the present methods
! few changes made are for
The object sought is the
general laws of all the exision and control of affairs
support and improvement
hich the State, in its wisnd the Insanity Law, precontain all the statutes relt of charitable institutions
~. N.Y.Const. Art. XVII, § 2.
is the head of the State DeLaw§ 6.
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
created by the State for the custody, treatment, education and
reformation of the dependent persons described therein." 106
Thus the legislative session of 1896 with its enactment of a Poor
Law and a State Charities Law had taken a tremendous step forward in bringing together all relevant law..
The state policy of protecting the dependent classes not provided
for in public charitable institutions or those maintained by public
funds, was further extended by the Legislatures of 1898 and 1899
by the passage of laws commonly known as "The Placing Out Law"
and "The Dispensary Law". The first, enacted by .L.l898, c. 264,
conferred upon the State Board of Charities jurisdiction over dependent children placed out by charitable societies or by individuals
in family homes. 10'7
The Dispensary Law, L.1899, c. 368, carried forward almost
verbatim into the present law,1°8 provided that the Board shall issue
licenses to dispensaries and make rules and regulations in accordance with which such dispensaries shall furnish and applicants obtain medical and surgical attention, advice or treatment, medicine
or apparatus. 109
106 Assembly Documents, 119th Session (1896) Vol. 19, Nos. 87-88, Revisers' Note Explanatory to the State Charities Law, 173-174. As to state
institutions, see supra, notes 78-84.
10'7 Entitled "An act to prevent evils and abuses in connection with the
placing out of children" which provided:
"The State Board of Charities, through any member, officer or duly
authorized inspector of said Board, is hereby authorized to visit, in
its discretion, any child under the age of sixteen years, not legally
adopted, placed out by any person or corporation mentioned in the
second section of this act, or by any person licensed by said Board
to place out destitute children."
It then provided:
"Whenever the State Board of Charities shall decide by the affirmative vote of a majority of its members that any person or corporation has placed out children for purposes of gain, or without due
inquiry as to the character and reputation of the persons with whom
such children are placed, and with the result that such children are
subject to cruel or improper treatment or neglect or immoral surroundings, the said Board may issue an order prohibiting such person or corporation from thereafter placing out children. No such order shall be issued unless such person or corporation has had reasonable notice, with a copy of the charge, and an opportunity to be
heard before said Board, and a full record of the proceedings and
decision on such hearings shall be kept by said Board. Any such
order issued by said Board may be revoked by said Board."
1os Social Welfare Law, Article 9. But cf. modification made by L.1938,
c. 123.
10D It was entitled "An act to amend the State Charities Law relating
to the licensing and regulation of dispensaries by tile State Board of
Charities".
XXXVII
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
(c) 1909-1929
The Board of Statutory Consolidation of 1904,110 according to its
report of 1909, consolidated all of the general substantive statutes
of the state since its organization and repealed all the general substantive statutes of .the state during the same period, except as embraced in the text of the "Consolidated Laws," thus wiping out all
previous revisions and consolidation of the statutes and forming a
basis for a new starting point in general su.bstantive legislation. 111
Amongst the consolidated laws reported by the Board and which became law were the Poor Law of 1909 11~ and the State Charities
Law of 1909.113 This State Charities Law still stands on the
books. 114
I
Following the enactment of the State Charities Law and the Poor
Law of 1909, several strides were made towards taking care of the
needs of particular types of dependency. By L.1913, c. 415, there
was established the New York State Commission for the Blind
which, in addition to keeping a register of the blind, was authorized
to maintain bureaus of information and industrial aid to assist the
blind in finding employment and teach them trades and· occupations
which might be followed in their homes, and to otherwise assist
them. In addition to other duties, the Commission was also authorized to establish and maintain training schools and work shops for
the blind .and ameliorate the condition of the blind by promoting
visits amongst them. 115 The Commission has since become a bureau
in the State Department of Social Welfare.116
uo See the Consolidated Laws of the State of New York, prepared pursuant to L.1904, c. 664 by the Board of Statutory Consolidation (1909--1910)
Vols. I-VII; particularly Vol. I, v-Ii.
111 Ibid. at v. The preface to the "Consolidated Laws" (id. v-Ii) discusses, in turn, the work of the Jones and Varick Revision of 1789, the
Kent and Radcliffe Revision of 1801, the Van Ness and Woodworth Revision of 1813, the Revised Statutes of 1830, the Revision under the Constitution of 1846, the Revision Commissioners of 1847, the Revision Commissioners of 1857, the Revision Commissioners of 1870, the Statutory Revision Commission of 1889, and of course the work of the Board of Statutory Consolidation of 1904.
1~
L.1909, c. 46.
118
L.1909, c. 57.
114 T:fie Social Welfare Law is the State Charities Law (L.l009, c. 57),
re-entitled the Social Welfare Law, and as so re-entitled, rearranged and
amended incorporating the provisions of the Public Welfare Law therein.
115 L.1913, c. 415 is still in existence and was last amended by L.1925,
c. 381.
116 By L.1926, c. 343, which enacted the State Departments Law (§ 388),
the commission was made a bureau of the Department of Charities. See
also Social Welfare Law,§ 38.
XXXVIII
LFARE' LEGISLATION
-1929
,tion of 1904,110 according to its
the general substantive statutes
1d repealed all the general subthe same period, except as emted Laws," thus wiping out all
of the statutes and forming a
:neral substantive legislation,lll
:ed by the Board and which be!09 112 and the State Charities
ities Law still stands on the
te Charities Law and the Poor
tde towards taking care of the
1cy. By L.l913, c. 415, there
:e Commission for the Blind
:r of the blind, was authorized
nd industrial aid to assist the
1 them trades and occupatiom
•mes, and to otherwise assist
Commission was also author~ schools and work shops for
n of the blind by promoting
on has since become a bureau
fare. 116
ate of New York, prepared purtutory Consolidation (1909<-1910)
o.solidated Laws" (id. v-li) disd Varick Revision of 1789, the
ran Ness and Woodworth Revithe Revision under the Constiof 1847, the Revision Commisrs of 1870, the Statutory Revie work of the Board of Statu-
Charities Law (L.l009, c. 57),
so re-entitled, rearranged and
~ Public Welfare Law therein.
was last amended by L.1925,
tate Departments Law (§ 388),
Department of Charities. See
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
Prior to 1915 strides had been made in several directions towards
the development of services for the care and protection of childrenY7 As a result of the report of a Legislative Commission,U8
by L.1915, c. 228, there was set up a local board of child w.elfare
in each county of the state outside of New York City and in New
York City, authorized to grant allowances to widowed mothers with
one or more children under the age of sixteen years in their homes. 11&
Supervision was vested in the State Board of Charities but no state
moneys were involved. 1 20
By L.1922, c. 185,121 additional help to the needy blind was provided for. A partially or wholly blind person without means of
support and incapable of self-support was to be provided for according to his individual requirements, provided he was a citizen of
the United States and a resident of the county for at least one
year, and either a resident of the state for five years immediately
preceding the date of application for relief or had lost his sight after
becoming a resident of the state. Certain exceptions were provided
for persons at school and in case of marriage. County boards of
supervisors were to make the allowances. Again, no state moneys
were involved. 122
117 For the early progress made in connection with child welfare, see
Schneider, supra, note 14, particularly at 40, 75-80, 111, 113, 185, 186,'
236 f., 251, 317, 328-332 ff., 336 f., 340 ff,, 344. See, e. g., L.1875, c. 173
requiring the removal from almshouses of all children between the ages
of three and sixteen and their placement in families or institutions if they
were not defective in bo'dy or mind; L.1878, c. 404 amending the law to
inch1de children from two to sixteen years ; L.l896, c. 225 clarifying the
intent of the law by a specific statement that a child under two years of
age was permitted to remain in the almshouse with its mother. For the
later period, in addition to the text, see, e. g. L.1931, c. 454, in relation to
corporations, institutions and agencies not in receipt of public funds.
118 "Report of the New York State Commission on Relief for Widowed
Mothers" (1914). Authorized by L.1913, c. 588.
119 See General Municipai Law, article 7-A, added by L.1915, c. 228
and repealed by L.1937, c. 15, § 3. By the latter act, a new Article 18 was
added to the Public Welfare Law and provided for "Aid to Dependent
Children" as indicated in the text, infra.
12o The "Report of the New York State Commission to Examine Laws
Relating to Child Welfare", Leg.Doc. (1925) No. 106, amongst other recommendations, suggests that financial assistance by the state be granted
to boards of child welfare. Id. at 10. The reports issued by this Commission are illuminating.
·
121 This law, entitled "An act in relation to providing relief for the
needy blind" was repealed by L.1937, c. 15. The latter act added a new
Article 13 entitled "Assistance to the Blind" to the Public Welfare Law
as indicated in the text, infra.
122 Beyond the scope of this resume are the act of 1923 relating to a
system of children's courts and amongst other things authorizing them to
XXXIX
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION
'·'
NEW YORK STATE:
1929-1941
The Poor Law of 1909 was repealed in 1929.123 The Public Welfare Law, which was enacted in lieu thereof,124 emphasized outdoor
relief rather than almshouse care.125 Except for the city public welfare districts,126 for which special provisions were made,127 more responsibility was placed on the county public welfare districts as
administrative units, with consequent limitation on the powers of
cities and towns therein.128 Each county l;loard of supervisors, within a certain specified scope, was authorized to determine whether
the cost and administration of certain types of assistance were to be
entirely or in part responsibility of the district as a whole or of the
towns and cities in such district. 129 The provisions of the Poor Law
with relation to settlement were but slightly changed. 130
a
Well over one hundred special laws pertaining to particular localities and enacted between 1778 and 1928, were repealed. 131 The consolidated Public Welfare Law from its enactment in 1929 until its
repeal, effective March 1, 1941,132 has contained the basic provisions for the administration of public relief and care in New York
state.
As a result of a report of a State Commission on Old Age Security,133 by L.1930, c. 387 there was added a new article to the Public
care for delinquent and neglected children, and the act of 1926 providing
for aid to physically handicapped children with reimbursement by the
state.
123
Public Welfare Law,§ 166 (L.1929, c. 565).
124 L.1909,
125
c. 565.
Public Welfare Law, § 77.
Public Welfare Law, § 17. Originally the cities of New York, Kingston, Oswego, Poughkeepsie, and the city and town of Newburgh. Subsequently, the city of Auburn (L.1937, c. 514). See Social Welfare Law, §
61.
.
126
127
Public Welfare Law, §§ 31 and 32.
128
Public Welfare Law, § 25.
129 Public Welfare Law, §§ 26 and 27. See also § 25 as to chargeback
to towns and cities within the courity public welfare district.
13'0
Of. Poor Law, article 4, with Public Welfare Law, Article 7.
131 Public
Welfare Law, § 166.
132 L.1:940, c. 619, the act which combined the Public Welfare Law and
the State Charities Law to form the Social Welfare Law. See note 114,
supra.
133 "Report of the New York State Commission, Old Age Security", Leg.
Doc. (1930) No. 67. Authorized by L.1929, c. 664.. The report discusses
XL
TELFARE' LEGISLATION
'ATE:
1929-1941
~aled in 1929. 123 The Public Wel-
.eu thereof, 124 emphasized outdoor
25 Except for the city public weiprovisions were made, 12 7 more reYUnty public welfare districts as
1ent limitation on the powers of
:ounty board of supervisors, withauthorized to determine whether
ain types of assistance were to be
lf the district as a whole or of the
The provisions of the Poor Law
t slightly changed.13o
ws pertaining to particular Iocali1928, were repealed. 131 The conn its enactment in 1929 until its
' has contained the basic proviflic relief and care in New Y ark
Commission on Old Age Securidded a new article to the Public
~ren, and. the act of 1926 providing
tldren wlth reimbursement by the
'c. 565).
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
Welfare Law of 1929, entitled "Security Against Old Age
Want." 134 It established a state-wide system of old age relief to
. be administered by city and county public :welfare districts, and
other cities which choose to, subject to reimbursement by the state
and supervision by the State Department of Social Welfare.
In extraordinary session, following the depression of 1929, the
Legislature in 1931 by c. 798 enacted emergency legislation. It
created a State Temporary Emergency Relief Administration and
provided a system of home relief and work relief with state reimbursement therefor. The "emergency period" for which the act
was enacted was extended from time to time until June 30, 1937.135
Reverting to 1935 there was enacted in that year the Federal
"Social Security Act". 136 In conformity therewith and to take advantage of federal funds available thereunder, in 1936 137 a new article entitled "Old Age Assistance," 138 and in 1937,13& a new article
. entitled "Assistance to the Blind" 140 was substituted in the Public
Welfare Law for those previously existing. For the provisions
then in existence relating to mothers' allowance 141 there was added
to the Public Welfare Law a new article entitled "Aid to Dependent Children." 142 The plan of administration and financing embodied in each of these categories-Assistance to the Blind, Old
Age Assistance and Aid to Dependent Children, with local administration, state supervision and financial participation by the fedsuch subjects as "The Old Poor Law and the New Welfare Act", "Reli-ofand Service for Special Classes of Dependents", "Special Classes of Aged
Poor".
134 Public Welfare Law, Article XIV-A.
ally the cities of New York, King;y and town of Newburgh. Subse514). See Social Welfare Law, §
. See also § 25 as to chargeback
tblic welfare district.
! Welfare Law, Article 7.
135 See L.1936, c. 210.
136 42 U.S.C.A., chapter 7 (subsequently amended). It was entitled "An
act to provide for the general welfare by establishing a system of Federal
old-age benefits, and by enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled
children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes."
137 L.1936, c. 693.
138 Public Welfare Law, Article XIV-A.
ined the Public Welfare Law and
Welfare Law. See note 114,
139 L.1937, c. 15..
>Cia!
140
nmission, Old Age Security", Leg.
•29, c. 664. The report discusses
Public Welfare Law, Artide XIII.
141 See, supra, note 119.
142
Public Welfare Law, Article XVIII.
XLI
IDBTORY OF 'SOCIAL WELFARE' LEGISLATION
eral, state and local governments, with some very slight modifications, have been carried forward into the Social Welfare Law.143
In 1937, also,l44 there was added to the State Charities Law a new
article 145 entitled "Federal Aid for Child Welfare Services", the
provisions of which are likewise found in the Social Welfare Law. 146
By L.1936, c. 873, as amended, the functions of the Temporary
Emergency Relief Administration and the emergency relief bureaus
established thereunder, insofar as they related to home relief, were·
transferred to the State Department of Social Welfare and the local
public welfare departments. This transfer was consummated in
1937.147
As a result of the State Constitutional Convention of 1938 many
amendments were made relating to social welfare. 148 Social welfare
is designated as the thirteenth, of eighteen civil departments in the
state government. 149 Article XVII is entitled "Social Welfare". A
declaration not theretofore contained in the Constitution was included in section 1 thereof, which reads:
"Public relief and care. Section 1. The aid, care and support of the needy are public concerns and shall be provided by
the state and by such of its subdivisions, and in each manner
and by such means, as the legislature may from time to time
determine."
The over-all section relating to the State Board of Social Welfare
is section 2, which, in part, reads:
"State board of social welfare; powers and duties. § 2. The
state board of social welfare shall be continued. It shall visit
and inspect, or cause to be visited and inspected by members
of its staff, all public and private institutions, whether state,
143
Social Welfare Law, Article 5, Titles 6, 7 and 8.
144 L.1937,
145 Public
14G
c. 15.
Welfare Law, Article XVI-A.
Social Welfare Law, Article 6, Title 3.
147 Cf. Public Welfare Law, §§ 3-f, (Reorganization of administrative
staff) 3-i, (Transfer of duties of temporary emergency relief administration) 3-j, (Termination of emergency relief bureaus) 3-k, (Home relief
staffs of public welfare departments) and 3-1 (Veteran relief staff). See
also L.1937, c. 358 as amended.
148 Amendments approved by vote of the people November 8, 1938; in
force January 1, 1939.
149 Article
V, section 2.
XLII
l
I
WELFARE' LEGISLATION
:s, with some very slight modifica. into the Social Welfare Law.143
~d
to the State Charities Law a new
for Child Welfare Services", the
'ound in the Social Welfare Law.14G
:i, the functions of the Temporary
1 and the emergency relief bureaus
3 they related to home relief, were
~t of Social Welfare and the local
us transfer was consummated in
tutional Convention of 1938 many
) social welfare. 148 Social welfare
· eighteen civil departments in the
I is entitled "Social Welfare". A
ined in the Constitution was in1 reads:
ect:ion 1. The aid, care and sup:oncerns and shall be provided by
subdivisions, and in each manner
:gislature may from time to time
e State Board of Social Welfare
~e;
powers and duties. § 2. The
shall be continued. It shall visit
.sited and inspected by members
ivate institutions, whether state,
es 6, 7 and8.
A.
e3.
(Reorganization of administrative
)rary emergency relief admmistrarelief bureaus) 3-k, (Home relief
md 3-1 (Veteran relief staff). See
the people November 8, 1938; in
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
county, municipal, incorporated or not incorporated, which are
in receipt of public funds and which are o.f a charitable, eleemosynary, correctional or reformatory character, including all
reformatories for juveniles and institutions or agencies exercising custody of dependent, neglected or delinquent children,
but excepting state institutions for the education and support
of the blind, the deaf and the dumb,. and excepting also such institutions as are hereinafter made subject to the visitation and
inspection of the department of mental hygiene or the state
commission of correction. As to institutions, whether incorporated or not incorporated, having inmates, but not in receipt
of public funds, which are of a charitable, eleemosynary, correctional or reformatory character, and agencies, whether incorporated or not incorporated, not in receipt of public funds,
which exercise custody of dependent, neglected or delinquent
children, the state board of social welfare shall make inspections, or cause inspections to be made by members of its staff,
but solely as to tn.atters directly affecting the health, safety,
treatment and training of their inmates, or of the children under their custody."
and continues with a sentence pertaining to rules and regulations
which is unique, not being· in the Constitution as to any other state
agency:
"Subject to the control of the legislature and pursuant to the
procedure prescribed by general law, the state board of social
welfare may make rules and regulations, not inconsistent with
this constitution, with respect to all of the f~ctions, powers
and duties with which the department and the state board of social welfare are herein or shall be charged."
In addition to other provisions,150 directly relevant is Article VII,
section 8 which in part provides :
"Subject to the limitations on indebtedness and taxation,
nothing in this constitution contained shall prevent the ·tegisla150 Article
VIII, section 1, in part, provides:
"Subject to the limitations on indebtedness and taxation 'lipplying to
any county, city or town, nothing in this constitution contained shalf·
prevent a county, city or town from making such provision for the aid,
care and support of the needy as may be authorized by law, nor prevent any such county, city or town from providing for the care, sup.
port, maintenance and secular !i!ducation of inmates of orp:han asylums,
homes .for dependent Children or correctional institutions and of children placed in family homes by authorized agencies, whether under
public or private control, or'from providing health and welfare services
for all Children. PaY1Dents by counties, cities or towns to Charitable,
XLIII.
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
ture from providing for the aid, care and support of the needy
directly or through subdivisions of the state; or for the protection by insurance or otherwise, against the hazards of unemployment, sickness and old age; or for the education and support of the blind, the deaf, the dumb, the physically handicapped and juvenile delinquents as it may deem proper; or for
health and welfare services for all children, either directly or
through subdivisions of the state, including school districts; or
for tl1e aid, care and support of neglected and dependent children and of the needy sick, through agencies and institutions
authorized by the state board of social welfare or other state
department having the power of inspection thereof, by payments made on a per capita basis directly or through the sub- divisions of the state. The enumeration of legislative powers
in this paragraph. shall not be taken to diminish any power of
the legislature hitherto existing."
In retrospect, the some thirty years which have elapsed since the
enactment of the 1909 State Charities Law and the decade following the passage of the 1929 Public Welfare Law witnessed an extensive and continuous process of piece-meal amendments often
eleemosynary, correctional and reforrqatory institutions oand agencies,
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 person cared for by •any such
institution or agency, nor for a child placed in a famil.y home, who. is
not received and retained therein pursuant to rules established by the
state board of social welfare or other state department having the
power of inspection thereof."
and Article XVII, section 6 provides:
"Visitation and inspection. § 6. Visitation and inspection as herein
authorized, shall not be exclusive of other visitation and inspection
now or hereafter authorized by law."
and Article V, section 3 provides:
"Assignment of functions; new departments prohibited. § 3. Subject to the limitations contained in this constitution, the legislatm~e
may from time to time assign by law new powers and functions to
departments, officers, boards or commissions, and increase, modify or
diminish their powers and functions. No new departments shall be
created hereafter, but this shall not prevent the legislature from creating temporary commissions for special purposes and nothing contained
in this article shall prevent the legislature from reducing the number
of departments as provided for in this article, by consolidation or
otherwise."
There are a number of other provisions which have a direct or indirect effect
on social welfare.
XLIV
BJLFARE' LEGISLATION
ld, care and support of the needy
fns of the state; or for the prowise, against the hazards of untge; or for the education and supthe dumb, the physically handits as it may deem proper; or for
)r all children, either directly or
1te, including school districts ; or
of neglected and dependent chilhrough agencies and institutions
of social welfare or other state
of inspection thereof, by payasis directly or through the subtUmeration of legislative powers
taken to diminish any power of
,.r"
trs which have elapsed since the
ies Law and the decade followWelfare Law witnessed an expiece-meal amendments often
>rJllatory institutions •and agencies,
trol, for care, support and maintenot be required, by the legislature.
r any person cared for by 'allY such
'd placed in a family home, who is
11rsuant to rules established by the
·ther state department having the
'isitation and inspection as herein
of other visitation and inspection
partments prohibited. § 3. Subthis constitution, the legislatm~e
.aw new powers and functions to
L!II.issions, and increase, modify or
s. No new departments shall be
prevent the legislature from creatal purposes and nothing contained
slature from reducing the number
this article, by consolidation or
1
llich have a direct or indirect effect
HISTORY OF 'SOCIAL WELFARE' LEGISLATION
admirable for the immediate need 151 but not conceived as part of a
comprehensive plan. Although most of the basic principles contained therein were sound there had resulted two laws that were replete with evidence of partial and hastily conceived amendments.
There was faulty organization of the material, with repetition and
confusing provisions of frequent occurrence. Many titles were no
longer descriptive of the subject matter to which they related. Some
sections were out of place and there was need for rearrangement.
Some needed to be repealed as wholly obsolete. And still others required consolidation in the interests of brevity, clarity and precision.
The decade of the depression had witnessed legislation for emergency relief and its integration with the permanent functions of
government. The Federal Social Security Act had led to new provisions for the aged, the blind and dependent children.
While there may have been many historical reasons for two separate laws, one dealing with the state's responsibilities in charitable
functions (the State Charities Law)· and the other dealing with
local responsibilities in charitable duties (the Public Welfare Law),
since the enactment of these two laws there has been such an integration and coordination of the respective powers, functions, and duties of the state and local subdivisions in this field, that it no longer
seemed reasonable to have anything but one consolidated law dealing with the subject. No effort toward a general consolidation of
the State Charities Law and the Public Welfare Law had ever been
made.
Recognizing these facts the legislature, in 1936,152 directed the
State Board of Social Welfare to make a study of the State Charities Law, the Public Welfare Law and other presently operative
statutes in matters pertinent to the administration of public welfare,
aid and assistance and to recommend to the legislature 153 the provisions of such statutes which should be repealed, modified or
otherwise altered and incorporated within the Public Welfare Law
of the state and further directed the board to present a comprehensive codified statute designed to encompass all of the necessary proTisions of law to the end that in matters of social welfare all perti151-There were several hundred amendments. Among the more important were: L.Hn5, c. 228; L.1913, c. 415; L.1922, c. 185 ; L.1931, c.
454; L.1930, c. 387; L.1931, c. 798; L.1936, c. 693 ; L.1937, c. 15; L.1936,
c. 873.
152 L.1936, c. 873.
153 Originally not later than Feb. 1, 1938 [See supra, note 152]· and
changed by L.1939, c. 2 to March 1, 1940.
XLV
IDSTORY OF 'SOCIAL WELFARE' LEGISLATION·
nent legal provisions shall be embodied in the Public Welfare Law
of the state and within its rules and regulations.
A careful review of the provisions of all of the consolidated laws,
as well as the unconsolidated laws as far back as seemed practical,
was made. On the basis of this review, in October 1938, the State
Board of Social Welfare circulated a "Preliminary Tentative Draft"
of a "Public Welfare Law" with "Explanatory Notes'' and over two
hundred "Questions" framed around precise issues. 154 On the basis
thereof and pursuant to the Board's purpose of gathering comment
and criticism, public agencies and officials as well as private agencies and citizens were circularized and in addition thereto five regional public hearings were held throughout the State.155 Many
local committees were formed especially for the purpose of considering the draft of the codified statute and many existing committees made it their special function to give it careful consideration.
\Vell over a thousand interested persons worked directly and others
indirectly to make the final product possible. Growing out of these
steps came the decision to take as a first step the consolidation of the
Public Welfare Law and State Charities Law into one Social Welfare Law.
As expressed by the State Board of Social Welfare, which recommended the bill to the legislature,l56 and in the words of the statute
itself:
"Legislative intent. 1. The purpose of this act is to consolidate within the state charities law, hereby re-entitled social welfare law, the provisions of the public welfare law, and to make
such amendments as will eliminate repetitious and obsolete
matter therefrom and provide uniform terminology therein insofar as practicable." 157
It was further decided to leave for a subsequent time, after the
enactment of the consolidated statute, the making of substantive
changes to the present provisions of either the Public Welfare or
154 State of New York, Department of Social Welfare, Preliminary Tentative Draft, Public Welfare Law, Articles I-IV, VI-VIII, X-XIV, XVI
Explanatory Notes, Questions, (1938).
155 In Buffalo, Syracuse, Binghamton, White Plains and New York City
on December 14, 1938, January 5, 10, 12 and 16, 1939 respectively.
1116 Bpecial Report of the New York State Board of Social Welfare, Legislative Document (1940) No. 22.
157
L.1940, c. 619, § 18.1.
XLVI
HISTORY OF 'SOCIAL. WELFARE' LEGISLATION
llGISLATION ·
Public Welfare Law
State Charities Laws. 158 To this end enabling legislation has been
passed. 159
the consolidated laws,
{ as seemed practical,
ctober 1938, the State
rrary Tentative Draft"
' Notes" and over two
;sues.ls;~, On the basis
of gathering comment
well as private agendition thereto five re-:
In approving this New York State Social Welfare Law, which
became effective March 1, 1941, Governor Lehman, in part, stated:
: the State.155
~-··o""""'·c'.
the purpose of
nany existing cmniilltcareful COllSil:lei·atl.OU.
:ed directly and others, .
Growing out of these,:
b.e consolidation of
, into one Social
"
many groups and individuals, representing both public and private welfare agencies, have given unstintingly
of their time and have worked in close cooperation with the
Department to produce this Social Welfare Law. It is most
gratifying to know that it is co-oP-erative effort which has produced this bill; its general support from diversified groups
throughout the State indicates an understanding and approval
of the work which it represents. It is a forward step. • • •" 160
Thus, more than a century and a half after the first New York
· state legislature convened, the relevant ~tate statutory provisions
·.
finally been woven into one comprehensive consolidated law, the
matter of this volume.
NATHANIEL FENSTERSTOCK
XLVII