New York Juvenile Guardian Society v. Roosevelt

Citations

• 7 Daly 188

Syllabus

<p>The Constitution of this State having provided in Art. I., Sec. 8, that “ every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press,” a court of equity has not jurisdiction to restrain the publication of libellous matter.</p> <p>The New York Juvenile Guardian Society, organized under the General Act of April 12th, 1848, for the incorporation of benevolent, charitable and missionary societies—the objects of its incorporation being to provide instruction, homes, clothing, temporary board, and free Christian schools (not denominational) in destitute districts in the city of New York for neglected children,—is subject to the visitation and examination of the Board of State Commissioners of Public Charities, in accordance with the powers and duties conferred on them by L. 1873, c. 571, § 4, in regard to any charitable, eleemosynary, correctional or reformatory institutions of this State (excepting prisons), whether receiving State aid or maintained by municipalities or otherwise.</p> <p>The legality of the appointment of certain members of the Board of State Commissioners of Public Charities cannot be inquired into in an equitable action to restrain them from doing certain acts which they claim by virtue of their appointment as such commissioners to have the power to do.</p> <p>The examinations and inspections made by the Board of State Commissioners of Public Charities are not in the nature of an action or proceeding against the institutions examined, and the commissioners are not obliged to conduct them according to the forms of a civil or criminal action or proceeding; the examination may be secret and not based on any specific charges, nor confined to any particular points, and the institution examined is not entitled to notice of the course the examination is to take, or to have notice of what is done, or t