Page:Immigration and the Commissioners of Emigration of the state of New York.djvu/151

Rh expected to bear the cost of supporting all who suffered from infectious diseases. This injustice was only repaired by the act of April 29, 1863, which created a Board of Quarantine Commissioners. Since that time, the cases of contagious fever amongst emigrants have been sent to Ward's Island, where the former surgical and isolated wards are devoted to their reception, while the small-pox patients, chargeable to the Commissioners, by an arrangement with the Commissioners of Public Charities, have been received at the Small-pox Hospital on Blackwell's Island, and regularly paid for at a rate agreed upon between both Commissions.

Another injustice which the State perpetrated against the Commissioners of Emigration is the following: On September 1 and 2, 1858, a furious mob had violently attacked and destroyed all the buildings and hospitals on the Quarantine grounds. The loss of property amounted to several hundred thousands of dollars. A committee was appointed to assess the damages, which awarded to the Commissioners of Emigration, for the destruction of their account of personal property at the Marine Hospital, the sum of fourteen thousand dollars, payable in bonds, and issued to them by the Supervisors of the county of Richmond. Of the sum thus raised, the whole was expended for strictly Quarantine purposes, except a small balance of about $500. An additional sum of $107,521 was also awarded to the Commissioners of Emigration for the destruction of their buildings, houses, and hospitals, but the Supervisors of Richmond County, claiming that the Commissioners of Emigration were merely trustees for the people of the State, refused to issue or deliver them to the Commissioners, and deposited them with the Treasurer of the State.

Application was made on the part of the Commissioners for a mandamus to compel the Supervisors of Richmond County to issue these bonds to them, in accordance with the award under the act. It was, however, held by the Court of Appeals that, inasmuch as the Commissioners of Emigration were trustees of the people of the State, a delivery of the bonds to the people was a substantial compliance with the law. In other words, the judgment of the Court of Appeals substantially made the State a present of more than $100,000 of the funds of the poor emigrant.