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tained and instructed in said asylum, and such suggestions and recommendations as they may deem proper, or which may be required by them by the state board of charities.
(As amended by chapter 149 of the Laws of 1909, and chapter 449 of the Laws of 1910.)
§ 273. Officers; salaries. Such board shall appoint for the asylum, as often as necessary, and for cause, after an oppor tunity to be heard, remove:
1. A superintendent, a matron and a well educated physician. who shall be a graduate of an incorporated medical college.
2. A treasurer, who shall give a bond to the people of the state for the faithful performance of his trust, with such sureties and in such amount as the comptroller of the state shall approve. The superintendent, matron and other assistants shall constantly reside in the school, or on the premises, and shall be designated the resident officers of the school. The physician shall visit said school at such times, and perform such duties as shall be prescribed by the by-laws, rules and regulations of the school. The salary classifi cation commission shall from time to time, with the approval of the governor, as provided by section seventeen of the state finance law, fix the annual salaries and allowances of such officers. Such salaries shall be paid in equal monthly instalments by the treasurer on the warrant of the board of managers, countersigned by the superintendent thereof, and certified as correct.
(As amended by chapters 149 and 258 of the Laws of 1909.)
274. Superintendent, powers and duties. superintendent shall be the chief executive officer of said asylum and in the absence or sickness of the superintendent the matron shall perform the duties and be subject to the responsibilities of the superintendent. Subject to the by-laws, rules and regulationestablished by the board of managers, such officer shall have the general superintendence of the buildings, grounds and farm together with their furniture, fixtures and stock, and shall:
1. Daily ascertain the condition of all the children and prescribe their conduct.
2. Appoint, with the approval of the board of managers, the other resident officers, assistants and employees not otherwise provided for, that they may think necessary for the economical and efficient performance of the business of the asylum, and prescribe their duties, and discharge them when necessary.
3. Cause full and fair accounts and records of all his doings, and of the entire business and operation of the asylum, to be kept regularly, from day to day, in books provided for that purpose.
4. See that all such accounts and records are justly made up for the annual report to the legislature, as required by this article, and present the same to the board of managers, who shall incorporate them into their report to the legislature.
5. Keep a book, in which shall be entered, at the time of the reception of any child, his name, age, residence, and the names of his parents (if any), to what reservation and tribe he belongs, and the date of such reception, and by whom brought, and the condition of the general health of such child.
(As amended by chapter 449 of the Laws of 1910.)
§ 275. Treasurer, powers and duties. The treasurer shall have the custody of all moneys, obligations and securities belonging to the asylum. He shall:
1. Open with some good and solvent bank, conveniently near the asylum, an account in his name as such treasurer, and deposit all moneys, upon receiving the same, therein, and draw from the same in the manner prescribed by the by-laws, specifying the object of payment.
2. Keep a full and accurate account of all receipts and payments in the manner directed by the by-laws, and such other accounts as the board of managers shall prescribe, and render a statement to the board of managers whenever required by them.
§ 276. Transfers to other institutions. the number of Indian children in the Thomas Indian school on the Cattaraugus reservation, duly admitted thereto, shall be in excess of its proper capacity, or the applications for admission
of such Indian children to said asylum shall exceed its proper accommodations therefor, or whenever, in the opinion of the trustees of said asylum, the comfort and well-being of any such Indian children therein will likely be promoted by their removal to other asylums, hospitals or institutions for the custody, care and treatment of orphan, dependent or sick children, they may, with the approval of the state board of charities, contract with the managers or other authorities of such asylums, hospitals or institutions as they may deem desirable for the reception, care and treatment of such Indian children, as may, from time to time, be transferred thereto, at a fixed weekly per capita rate not exceeding two dollars, except in the case of sick children requiring hospital treatment and care, when the fixed weekly per capita rate shall not exceed three dollars.
Section 290. Definition of dispensary.
291. Licensing of dispensaries by the state board of charities.
292. Rules and regulations.
293. Revocation of licenses.
294. Drug store or tenement house not to be used by dispensary; unlawful display of signs.
295. Violation of article, misdemeanor.
296. Obtaining surgical or medical treatment on false representations, misdemeanor.
§ 290. Definition of dispensary. For the purposes of this article, a 66 dispensary" is declared to be any person, corporation, institution, association or agent, whose purpose it is, either independently or in connection with any other purpose, to furnish, at any place or places, to persons nonresident therein either gratuitously or for a compensation determined without refer ence to the value of the thing furnished, medical or surgical advice or treatment, medicine or apparatus, provided, however, that the moneys used by and for the purposes of said dispensary shall be
derived wholly or in part from trust funds, public moneys or sources other than the individuals constituting said dispensary and the persons actually engaged in the distribution of charities of said dispensary.
Dispensary," as the term is used in chapter 368 of the Laws of 1899, State Charities Law, does not include corporations formed for the practice of medicine through legitimate physicians and the supplying of medicine for price.
STATE OF NEW YORK,
ROBERT W. HEBBERD, ESQ., Secretary State Board of Charities, Albany, N. Y.: DEAR SIR.- I have received your recent communication of the 13th instant, stating that your board at a recent meeting, by resolution, has called for my opinion as to whether or not the provisions of the Dispensary Law, as contained in chapter 368 of the Laws of 1899, have application to corporations organized for the purpose of providing medical aid, medicines, etc., under contract in consideration of weekly fees paid, etc.
As pertinent to this inquiry you inclose several samples of printed advertising matter, documents, etc., issued by a corporation known as the Provident Medical Company, which you state is a fair type of the class of organizations referred to in the resolution. You also enclose a special report of investigation of this company filed with your board by your inspector.
I have examined with considerable care the data contained in your letter and herewith return the same, and also the provisions of law referred to for The purpose of furnishing an opinion upon the subject in question.
I think it fairly appears from the report of your inspector and other enclosed data that this concern, as suggested by your inspector, is purely a commercial venture and in no sense a charity. It seems to be a stock corporation organized for the purpose of earning means with which to pay dividends upon its stock through the making of contracts with private individuals, to furnish them and their families the advice and assistance of physicians whenever required and for the supplying of medicine under a prescription given by such physicians at the flat rate of twenty cents each. I assume, of course, that the physicians in the employ of the corporation are properly licensed to practice as such and that so far as the corporation engages in the business of pharmacy, it has complied or will comply with the provisions of law relating thereto.
It is my opinion that the provision of section 19 of the State Charities Law (added by chapter 368, Laws 1899), defining a dispensary, makes this matter sufficiently plain. After defining in general terms the meaning of the word for the purpose of the act in question, it is further provided as an express condition that in order to be considered a dispensary,
"the moneys used by and for the purpose of said dispensary shall be derived wholly or in part from trust funds, public moneys or sources other than the individuals constituting such dispensary and the persons actually engaged in the distribution of charities of said dispensary."
I think the language quoted as applied to the facts of the present case sufficiently broad to plainly exempt from the definition given of the term "dispensary" corporations of the class under discussion. The language quoted and the purport of the entire act seems to indicate that a dispensary, as therein referred to, to some extent at least, exists as a department of charity and dispenses and distributes in the interests of charity. It certainly cannot be said that the moneys used by the Provident Medical Company are derived from trust funds, public moneys, etc. It being a private business venture the funds necessary for its maintenance and existence are supplied through the medium of its treasury, the same as any other private corporation. I am unable to see any logical difference between the case of a family procuring the services of a physician and the necessary medicine under contract made for such purpose with a corporation and the obtaining of the same in the accustomed manner through the calling of a family physician and the procuring of a prescription to be filled at a drug store, and I do not believe that the Legislature, by the provisions of law referred to, intend to interfere with the legitimate right of a citizen to contract for such professional assistance and necessary medicine.
Certainly, the individual and his family physician could legally contract with reference to matters of this description, should they so desire, and the case would seem to be no different if the citizen instead of contracting with a physician makes his agreement with a corporation organized for the purpose of supplying a physician and medicines.
I conclude, therefore, that corporations of the class referred to do not come within the meaning of the provisions of law already discussed.
Respecting your second inquiry, in which you call attention to section 23 of the act already referred to, which prohibits the use of
"a sign or other thing, which could directly or indirectly or by sug gestion indicate the existence of the equivalent, in purpose and effect, of a dispensary,"
will say that I am of the opinion that the term dispensary as used in that section must be construed to mean a dispensary as defined in the previous section 19. The display of a sign, as suggested in your letter, "medical and surgical clinic" or "private clinic," by private physicians, would not seem to necessarily involve a violation of the section referred to. The Century Dictionary defines the term "clinic " as meaning an examination of a patient by an instructor in the presence of his students, accompanied by remarks on the nature and treatment of the case. The term "clinical surgery or medicine " is also defined as that form of surgical or medical instruction which is imparted to the student at the bedside or in the presence of the patient.
Defining the term dispensary," as used in section 23, according to the definition contained in section 19, and giving due consideration to the terms "medical and surgical clinic," or private clinic," as suggested in your letter. it would not seem, therefore, as though the use of such signs would constitute a violation of the provisions of law in question.
JOHN C. DAVIES,