CHARITABLE AID .BOARD

Otago Daily Times, Issue 13959, 19 July 1907, Page 2

CHARITABLE AID .BOARD

ATTITUDE OF THE BENEVOLENT TRUSTEES,

THE DISTRIBUTION OP AID.

AN INTERESTING LEGAL OPINION.

An ordinary meeting of tho Charitable Aid Board was hold yesterday afternoon under tho presidency of Mr P.- Miller. There wcro also, present Messrs J. Mill, F. Anderson, J. Mosley, .1. Arklc, M. Stevenson, J. Ilazlett, W. Wilkinson,. W. E. S. Knight, J. Clarke, and R. Johnstone. Messrs W. Wills and W. J. Burk tendered apologies for absence. Leavo of aliscnce wo.s granted to Dr Iktcliclor for five weeks and to Mr T. Mackenzie, M.H.R., for the parliamentary session. FINANCIAL, The Finance Committee recommended that accounts for July, amounting to £1206 5s 1d (charitable aid £936 5s 3d, Maternity Hospital £260 Os Id), be passed for payment. Attention was drawn to the fact that arrears were due by several contributing bodies. The. receipts for June totalled £745, 18s Id, and the bank book showed a balance of £1028 IBs Bd.—Report approved. TnE MATEIINITY HOME. The Maternity Hospital Committee reported t-lmt nine women had been received into the hospital since it was opened. Two of the cases wefe oxceedinglv severe. In view of the fact that tho Governmonc bad promised a subsidy of £50 for the vear for training pupil nurses, it. was thought advisable to appoint an extra probationer nurse, and Miss Rose Macdonakl, a trained medical and surgical nurse, had accepted the position for six months, DISTBIBUTIOX OF CHARITABLE AID. The following letter was received from Mr A. Glulce, secretary of the Benevolent Trustees:— Dear Sir.—l have io acknowledge receipt of your letter .of' the Ist insl., aid to inform you that ihe portion thereof dealing with tho distribution of charitable aid lias received tho earnest consideration of my trustees. The Otago Benevolent Institution, prior to "The Hospitals and Charitabfe Institutions Act, 1885," coming into force had distributed charitable aid throughout the province of Otago, and since the passing of that act and incorporation of the institution as a separate institution the trustees have continued to distribute charitable aid throughout the whole of tho Otago district, <uid, as by section 5G of the act, all the .poivors and authorities of tho District Board in respect of the management of the institution were, on the incorporation of tho insti- | tntion as a separate institution, transferred to and vested in the trustees for the timo being of the incorporated institution, my trustees are advised that it ia their duty, as part of the management of tho institution, to continue to distribute charitable aid throughout tho Otßgo dißtriot as heretofore and that they are not therefore in a position to fall in with your suggestion that they should confine their administration to the pamctilar districts mentioned in your letter iinless empowered to do so by an order . f the Supreme Court or by amended legislation. My trustees also desire rue to point out how intpraoticablo it would bo [or a body sitting in town to administer charitable aid lo confine the distribution to cuses within certain boundaries as most of the poople in the country requiring charitable aid drift into tho town and the local body there cou!d not refuse aid in proper cases on the ground that the applicant should have applied in tho

county in which he or she was residing when ■tlio necessity lor relief first arose. Your hoard can have access to the books of the institution at any time. Mr Johnstono remarked that the Charitable Aid Board, being tlio superior court, must not he dictated to by the Benevolent ■Trustees. Tho hoard found the money, and should 1)0 allowed to have absolute control of tho spending of it.; otherwise the be?t thing to be done would bo to abolish tho

board. Tho Chairman expressed the opinion that jt would be highly undesirable to enter into litigation 011 these questions, because the cost of such litigation must necessarily come out of the pocket of tho lioai'd. The dy/ty of solving tho present unsatisfactory tangle should rest , with those from whom it had emanated, and it seemed to him that a strongly-worded' letter either to tho Colonial Treasurer or to tho Primo Minister

would havo the effect of clearing up to a certain degree tho trouble. Mr- Hazlett said that, according to the letter, a large number of patients came from the country, and they must all roceived attention,; but, of course, this procould bo solved cosil) by arranging that iho aid given' to those people should, be recovered from the counties whcncc tho patients had come. Mr Clarke was emphatic in tho contention that because the Charitable Aid Board provided all the monoy required it should havo the sole power of distributing it. Mr Mill pointed out that tho hoard's solicitor had not been asked to givo an opinion 011 this particular letter, and ho thought it was the duty of tho board to

obtain a legal view on it. Mi* Arklo (who is also one of the Benevolent Trustees) informed tho board that tlio letter was t'ne outcome of a consultation w-ith the trustees) solicitor, llr Cook, who had informed them that they could not divest themselves of their present duties even if they desired to do so. It would lie a pity if litigation resulted, inasmuch as it would make very little difference in the work of the trustees if they were oonfined to the distribution of aid within the city anil boundaries. At least two-

thirds of the applicants for relief resided

in Dunocliu itself. Mr Mill moved, Mr Johnstone sccondcil, and- it was resolved— 1 " That tho lottcr" be

referred to the Finance Committee; to con-' suit the board's solicitor, and report to the next meeting of the board." It was resolved, on the motion of Mr Stevenson, seconded by Mr Knight—"That the chairman he asked to tako steps to notify the authorities in Wellington that the board was opposed to the p&fsing of any separate bill for Maniototo County giving power to country districts to distribute hospital and charikble aid."

Mr Johnstono raised the objection that Mr Stevenson had favoured such distribution, but tho Chairman ivtorted that Mr Stevonson's attitude had l throughout been perfectly consistent, ho being opposed to tho sotting of parochial authorities to deal with such matters. A LEGAL OPINION'.

We have been handed for publication the following legal opinion on the matters in dispute between the Benevolent Trustees and tho Charitable Aid Board. The opinion emanates from ifr J. H. Hosking, and was obtained bv Mr M. Stevenson,' a member of (he Charitable Aid Board: — I understand tho position to be that the trustees of the Otago Benevolent Institution have heretofore administered the whole of tho outdoor relief throughout the Otngo district, the funds for that purpose being handed over to the trustees by tho hoard on llie trustees' requisition. Certain of the local authorities desiring themselves to distribute the charitable aid' funds within their own districts, the board has now appointed them to do so in terms of section 29' of the act of 1886. The trustees of the Benevolent | Institution say that the legal - position is such that they are not only entitled but obliged to administer the whole of tho charitable aid throughout the district, and that neithor by the appointment of local authorities under section 29, nor otherwise, can they legally be deprived of or lay aside tliis function. The trustees base this position upon the fact that they became incorporated as a separate institution in terms of the

act of 1885. I am asked my opinion as to whether the trustees' position is sound; The legislation is, unfortunately, somewhat indefinite as to the exact relations that nro to prevail''between a Charitable Aid Board and a separate institution within its district, and it is not an easy matter to arrive at conclusions on several points that present Jiemaelves, and I think opinions may well differ on tho question now presented, so much so that the only satisfactory solution is'to have 'the question determined by the Supreme Court. The objects for which the Otago Benevolent Institution was formed were, as I understand, " to relieve tuc aged, infirm, disabled, and destitute of all creeds ami nations, to afford medical relief and to minister. to them the , comforts of religion." These objects are described, in terms not 'confined to Otago or any other: district, but so as'to be applicable generally to all peoplo wherever resident coming within the category of " aged, infirm, disabled, or destitute." If it extended to all Otago, then it was more extended than the present area of the Charitable Aid Board of Otago, and subsisted concurrently with similar institutions in North and in Southland. On .the incorporation of an institution • (is a separate institution all powers and authorities of the District Board in respect of the management of tho institution were to become vested in the trustees. Many of these powers and authorities are, I think, to bo found in detail in section 62, which gives the District Board in respect of institutions vested in them power to make by-laws for various purposes. The samo powors are-also given separately to tho irustees in respect of any eaparate institution. By the same seotion the District Board in respect of institutions vested in -them, and trustees in respect of any separate institution, are given power to niako by-laws " for affording relief by medicine and attendance to outdoor patients of the administration of outdoor relief, and either directly or Inmeans of any voluntary or other association formod for the purpose ot providing or aiding ill the administration o£ ■ swell relief."

There is no mention elsewhere in the act of outdoor relief, and it would seem as if all by-laws made on'the subject of administering outdoor relief must be made in resDect of some institution, thus to sonio extent, at all events, indicating that outdoor roliof must be administered through some institution. Ido think, however, that the board is so limited in its functions. There may fco no institution in tlio district' whose function is to administer outdoor relief. If so, what' is to happen ? Surely not the cessation of sucli relief. Or, take the case of a local authority appointed under section 23 of .the act of 1886, and thereby authorised- to collect and distribute the charitable aid funds of the board within such local authority's district. Is that local authority to be unablo to distribute aid in the shape of outdoor relief because 110 institution possessing that function happens to he within such district? To so hold is, in my opinion, to render section 29 nugatory. The question is really this—viz.: Whether, because the Otago Benevolent Institution, on its incorexercised as one of its functions the administration of outdoor relief throughout Otago, the Charitablo Aid iioard cannot itself administer such relief anywhere in Otago, but must remit tho exorcise of that function throughout all Otago to the nenevoleut Institution? I cannot bring'myself to think that such a position is tenable. For example, the board itself may establish charitable institutions in any part of its district. Suppose it established an institution similar to the Otago Benevolent Institution'in each county within the district, could the Benevolent Institution still say it was its duty to administer outdoor relief within every such county? In my opinion ' it could not. My opinion, therefore, str ragly inclinos to the view,—and thoro are other provisions in tho legislation from waich a similar conclusion may be drawn (for instance, section 25 of the act of 1860, ennbliug tho board to areata subdivisions of its district for facilitating tho distribution of charitable aid)—that the board is entited to say it wilt itself, or through a local authority appointed under section 29 of the act of 1885, distribute outdoor relief within given areas, and, if it elects so to do, then the Benevo'.ent Institution, cannot successfully requisition {or funds to distribute outdoor relief within those areas—that is to say, if the Benevolent Institution in that case applied for funds on a scale more than adequate to the restricted area, within which its Junctions with respect to outdoor relief were thereby confined, an appeal should successfully lie on the ground of the amount of the requisition being, in tho words of the act, "excessive, or otherwise unreasonable." It may bs that the Benevolent Institution would be justified, if it were minded so to do, in administering outdoor relief within aroas in which that class ol relief is administered by the board or a local authority. It would, perhaps, be acting within its functions in doin<r so becauso they extend to all Otago, at anyratc. But I do not thinfc that because they have that power it would bo tlieu' duty to do so. It may be urged that unless one band administers tho relief overlapping is likely to occur. But a similar objection must arise in districts where there we two or more institutions similar to the Benevolent Institution in one district, as, for example, in Westland, whore thcro ore, or were, thrco benevolent societies—viz., Hokitika, Kumara, and l!oss. Doubtless such a difficulty is to be met by appropriate regu'.atdons defining their respective areas of operations. But even if the difficulty cannot be so met I do not think the possibility of it can be urged as a. ground 'or so construing the act as to render the Otago Benevolent Institution tho solo distributor of outdoor relief, although the use of it as such by the board may be. eminently conducivo to uniformity of treatment and the prevention of overlapping. HOSPITAL BOARD. TREAMENT OF- INFECTIOUS DISEASES. Tho usual monthly meeting of the Hospital Board was held yosterday afternoon. Present: Mcssra P. Miller (in the chair), M. Stevenson, J. Clarke, F. Anderson, W. Wilkinson, J. Arlde, J. Mill, and J. Moslcy.

The report submitted by the Financo Committee recommended that £679 3s 8d should be passed for payment. This amount being mado up of, to Hospital trustees, £666 13s 4d; salaries, etc., £12 10a Id. Receipts were shown at £440 10s; a,nd the debit l balance at £521 18s lid.— The report was adopted. CORRESPONDENCE. Tlio District Health Officer wrote calling the board's attention to the death of the child M'Phersoii at Forth street recently form diphtheria, and the _ eiTcunistances surrounding the same.—Received. MEDICAL ASSOCIATIOK'B BETTER. Drs 13. R. Blomficld and D. Colquhoun wrote:—" Wo havo' boon deputed by tho Ofcago .Branch of the British Medical Association in New Zealand to urge upon: your board tlio immediate need of providing accommodation for indigent consumptive patients. l Otago is now the only province of New Zealand which _ has not mado, or is making, suoh provision; As you arc aware, the Hospital by-laws do not permit the admission of such cases, nor is the Hospital a suitable place for them. This condition of affairs is not only cruel to the p'atieuts, but, it is full of danger to the people among whom they live and spread infection. We respectfully moke tho following suggestions: (1) That part of the three and a-half acres at Pelichot Bay, conceded by the Government for the purpose of erecting accommodation for infectious cases be set asido for building accommodation for about 20 eases of consumption. (2) That arrangements lie made with Dr Stephenson, the proprietor of the Rock and Pillar Sanatorium, or other private sanatorium, for the reception or eueh patients as may bo deomcd 'suitable by tho medical authorities of tho Hospital, and who arc unablo to pay tho fees for such treatment, (3) That the arrangements be carried on in connection with the Hospital, and that administration and the oare of tho j&tionts be submitted to the Hospital Trustees and their medical staff. We believe that the proposed site is, a suitable one-it is free from dust, gets plenty of sun, and is noar enough to Duncdin to ensure proper medical attendance, nursing, and other provision for the patients. If, in your opinion, our presence at the meeting of tho board is likely to be of service,' \vp shall ho glad to attend. Mr Moeley said 110 thought that as a. matter of courtesy, somcono should bo appointed to meet, these gontlemen in the matter.—Mr Arklo said that tho clothing, bedding, and other belongings of Mr M'Pherson had been destroyed by tho authorities without his consent. It seemed hard that he should not .receivo compensation.

Tho Chairman: Tho board have no power in tho matter. That refits entirely with tho local authorities.

Tho Chairman wont on to say that the board had been doing all they could in tho matter of a hospital for infectious diseases, and ho did not see that they could do anything more'. He was fully alive to the importance of tho movement. Tho Hospital Board had bcon blamed for apathy, but this was most unjust._ The fcoard' had been battling to get a site for <uch a hospital for tho lost two years. He was going to Wellington on Saturday, and the first tiling ho would do would be to /ice'about. tho lease for this site. He wished to clearly demonstrate fnat the board was in no way .to blame for the delay. Tho Health Officor could direct that a. special hospital bo built for tlio accommodation and treatment, of infect,ions cases, but what was the Hospital Board to do? How could they prepare a hospital whon they could not. even get a site? A voice: It seems to bo a regular botch a-11 round.

It was finally resolved, on the motion of Mr Stevenson, that tho writers ot the letter bo informed that the Hospital Board were,already doing everything possible in tho matter; also that the Government was' tho proper authority to apply to in cases of consumption, as it had already erected sanitaria for consumptives in other parte of the colony. It was further resolved that this reply l>o sent to Dra Blomfield and Col(|uhoun. '

Tho secretary of flio Dunedin Hospital wroto stating that he had been directed by the Hospital Trustees to forward a copy of a resolution passed at. their meeting oh July 17, and to ask the Hospital Board to appoint three members aa a committee

to meet, according to tho request embodied iu th& resolution, as follows:—

"That a committee consisting of tie chairman and Messrs Tapper and Solomon be appointed to considoV tho best means of denJing with infectious eases, and that this committee request the Hospital Board and tho hon. medical staff of the Ho'spital to appoint representatives to attend a conferenco on tho

subject." It wais resolved to inform the Hospital Trustees that Iho boa-rd had dono all it possibly could in tho matter, but at the present .juncture did not quite 6CO its way to taJung steps .along tho lines suggested, as it bolioved sueh a consultation would bo of littlo" uso.