136 PUBLIC PAPERS OF GOVERNOR ROOSEVELT
within the term ‘management and control’, used in the statute under consideration.
In addition it must be taken into consideration that when the constitutional
provisions above quoted were framed, the framers had in mind the fact that there
then existed a State Board of Charities with powers of visitation and inspection
defined by statute. In view of this fact it must be assumed that the framers of the
Constitution intended to confer upon the State Board of Charities similar powers of
visitation and inspection to those which it was then exercising. The Constitution
having conferred upon the State Board of Charities the power of visitation and
inspection, the Legislature is powerless to take from said Board any part of the
power thus conferred. It is possible and indeed probable that the Legislature has
the right to prescribe rules, regulations and methods of procedure for the exercise
of these powers of inspection and visitation so long as such rules and regulations
do not take away or detract from these powers; but beyond this the Legislature is
powerless to interfere. If this act becomes a law, its effect will be merely to take
from the Board of Charities such powers of management and control as they now
possess, if any, not included in the power of visitation and inspection conferred
upon it by the Constitution.”
THEODORE ROOSEVELT