26 N.Y.S. 294 | N.Y. Sup. Ct. | 1893
The Inebriates’ Home for Kings County was incorporated by chapter 843, Laws 1867. By the terms of this act 12 per cent, of the moneys received for licenses granted in Kings county, with certain deductions therefrom not material to the question presented, were to be paid to the Inebriates’ Home. The county of Kings was then a portion of what was known as the “Metropolitan Police District.” The entire amount of the fines received for violations of the excise law in Kings county were to be paid to the home also. The act was an extremely beneficial one, and was, by its terms, of a public character. The trustees could require persons who were held in the Kings county jail and penitentiary to be transferred to the home, and magistrates were required to commit
The payments of the excise moneys to the home do not violate article 8, § 11, of the constitution, as amended in 1874.
Const. 1874, art. 8, § 11, provides as follows: “No city * * * shall hereafter give any money or property * * * to or in aid of any individual association or corporation; nor shall any such city * * * be allowed to incur any indebtedness except for city * * * purposes;. This section shall not prevent such city * * * from making such provision for the aid or support of its poor as may be authorized by law."