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THE ALMSHOUSE.

GOVERNOR BUTLER'S ORDER TO THE STATE BOARD OF CHARITIES.

AN INTERVIEW AND CORRESPONDENCE SHOWING HOW THE QUESTION STANDS TO-DAY.

The State board of health, lunacy and charity met by special call of the Governor Monday, when the following communication was received and read by the Chairman, ex-Gov. Talbot:

COMMONWEALTH OF MASSACHUSSETTS.
EXECUTIVE DEPARTMENT.
Boston, April 23, 1883.

To the Honorable members of the State Board of Health, Lunacy and Charity:
For the good of the public service, and in the exercise of the power and authority conferred upon the Executive by the Constitution and laws, the Board of Health, Lunacy and Charity are directed to assume and exercise all the powers and duties of the Board of Trustees of the State Almshouse in any and all matters relating to the management thereof.

And the said Trustees, from and after the day you comply with this order, will cease to do any act or exercise any authority or power in regard to said institution, and especially will Incur no expense on behalf of the Commonwealth, and contract no debt.

I do further respectively advise the board to appoint some officer thereof at once to take charge of said almshouse, the appointment or designation of such officer to be submitted to the Governor for his approval. And as I deem this a matter of urgency, I also take leave to suggest that I would consent to the designation of Mr. Frank B. Sanborn to that duty, and for the reason that, so far as I am informed, he is the one officer who in a long series of years has shown any disposition to reform abuses therein.

I would further suggest that a full and detailed inventory be taken of all the State property at the Almshouse, so as to form a basis for future proper accounting therein, and also as evidence in case it becomes desirable for the Commonwealth to take proceedings upon the bond of the Superintendent.

I take leave to say further that the orders and suggestions herein made are remedial and preventative, and not punitive. The latter, if necessary, will be taken after the investigation now pending is concluded.

I also take leave to call the attention of the board that it seems to be an undisputed fact that the Superintendent of the Almshouse and all the officers and employees, and the families of those who have them, are furnished with their entire living at the expense of the State, and have been for many years.

For this I find no warrant of law. This statute is that the resident physician will have "a right to reside with his family at the almshouse." Again, that the Superintendent shall have a fixed compensation, and "shall receive no other compensation or perquisite for his services except to reside with his family in the building under his care." A similar statement in regard to the Warden of the State Prison and his Deputy, which provides "that no other perquisite, reward or emolument shall be received by any of them except that there shall be allowed to the Warden and Deputy Warden sufficient house room with fuel and light for themselves and families," has always been construed, as I am informed, to exclude all other expenses of living.

The legislation as to the Reformatory Prison for Women is different. The officers in that are to reside therein, and have their living at the public expense.

The practice of living at the expense of the State extends to other institutions, and even if it were sanctioned by law, has of necessity led to great abuses.

I think it is due to the relations which exist between the Executive and your board to state courteously and frankly that it is my intention to put the responsibility for the conduct of the almshouse primarily and especially upon your board in the future, so that there may be no ground for reasonable suspicion hereafter that its affears-sic- are not properly conducted, and its inmates, either alive or dead, not humanely cared for.

I have the honor to be, very respectfully,

BENJAMIN F. BUTLER, Governor

The board debated the Governor's communication for nearly three hours. All the members were present, except Prof. Hitchcock and Mrs. Leonard from the western part of the State. The principal point discussed was whether the Governor's authority was mandatory under the statute. The law provides that the board of health, lunacy and charity "may" under such circumstances supersede the trustees in the management of the almshouse. It was voted to seek the opinion of the Attorney General on the question whether the board has discretion in the matter. The board adjourned until to-day (Saturday) at 11 o'clock, when the Attorney General's opinion will be presented, and the secretary notified the Governor of their action.

The trustees of the almshouse are Emily F. Pope, M.D., Boston; Francis H. Nourse, Winchester; Ellen S.S. Hammond, Boston; William S. Spalding, Lawrence; George P. Elliott, Billerica.

Mr. F.B. Sanborn, secretary of the State board of health, lunacy and charity, also sent a personal letter to the Governor, as follows:

BOSTON, April 23, 1883.

Hon. B.F. Butler, Governor of Massachusetts:

Dear Sir -- Finding myself named in a communication made by Your Excellency this day to the board of which I have the honor to be secretary, I feel impelled by a sense of propriety to say to Your Excellency without delay, what I at once said to that board, that no earthly consideration could induce me to except the peculiar position for which Your Excellency's too partial judgment has designated to me.

Permit me, in this connection, to correct a mistake which Your Excellency fell into when you spoke of me as "the only officer who, in a long series of years, has shown any special disposition to reform abuses" in the State Almshouse. Within my official connection with the Tewksbury Almshouse (at intervals since 1863) the following names occur to me, among others of officers who have effectively aided in reforming: Dr. S.G. Howe, Nathan Allen, Dr. H.B. Wheelwright, Mr. S.C. Wrightington, Hon. Thomas Talbot, Mr. C.F. Donnelly, Dr. R.T. Davis, Mrs. Clara T. Leonard, the late Dr. Parmenter and Dr. H.P. Walcott. Other names would no doubt occur to me if I searched my memory, but I write down these on the spur of the moment. Yours &c.,

F.B. Sanborn.

GOV. BUTLER INTERVIEWED

The Governor was interviewed by a reporter monday-sic- evening, at his rooms in the Revere house, Boston, with the following result:

Reporter -- Have you seen the newspaper comments in reply to your communication to the State board of health, lunacy and charity?

Gov. Butler -- Yes, I have; and it seems that the members of the board have entirely misunderstood the matter. I have passed no judgment upon the case; I have simply said that sufficient has been shown in the evidence thus far taken to prove that the interests of the State, the State property and the inmates demand that it should be put in charge of other hands temporarily. It is like a preliminary injunction in a court of equity, to preserve the status or present condition of the property until litigation is terminated. My order was purely remedial, not punitive. When the investigation is closed, then it will be the duty of the executive to pass on the question of what shall be done with the offenders, if they are shown to be offenders but, when pregnant women are delivered with rat-tail files and screwdrivers it is time something was done to prevent such outrages. If the people of the State think I am wrong in the matter, they will say so. The women in the State will have something to say upon that subject, however, in my judgment. They should, and will, have a word to say as to whether such atrocities shall longer be allowed to exist in the State of Massachusetts. I see that the State board of health, lunacy and charity, under the lead of the chairman, have voted 6 to 1, that they will not assume the duties unless compelled to do so. Be it so. I will exert all the power confided to me by the people of Massachusetts to stop this condition of things. Whatever may be the defence, I propose to relieve the fears of the poor, helpless and oppressed, that they are either to be cut up in Harvard or Tewksbury. It is due to the poor and helpless, the widows and the orphans, who are so unfortunate as to be compelled to go to the almshouse, that their minds will be relived of the distressing thought that they may be finally cut up at Harvard, as I have already said, or murdered at Tewksbury. If it appears as result of the investigation that there has been no human body improperly sent away for dissection no poor man's skin tanned, no woman delivered and the child killed by means of a rat-tail file and a screwdriver, then an executive order can restore the trustees to their places, and not until then. In pursuance of the statute made in the case, I have simply devolved the duties of the trustees, temporarily it may be, upon the State board of health, lunacy and charity. If the members of that board refuse to assume these duties thus imposed upon them, it is their fault and not mine, and I can say with all calmness that I regret their action, if it is in disobedience of an order sanctioned by law of the supreme executive of the State of Massachusetts elected by the people to carry out the functions of that office. I shall do my duty fearlessly as I have endeavored to do it elsewhere, disregarding everything but the dictates of my own judgment and acting according to my conscientious convictions.

Speaking of F.B. Sanborn's note of declination, Gov. Butler said that Sanborn was a life-long bitter political enemy of his, but that he had suggested his name because he supposed he would make a good superintendent of the almshouse, Sanborn having, in 1876, shown some disposition to reform that institution. The Governor referred in detail to the gentlemen whom Sanborn had so kindly given a character as reformers and said that "if they have made any efforts to reform this institution I have not been notified to that effect." Gov. Butler spoke of Dr. Nathan Allen as "one who has other duties to perform," and as to "Thomas Talbot, who is chairman of the board of state charities, I could not think of having him detailed, because the statute provides that he shall receive nothing for his service and besides, having been a Governor heretofore, he has had an opportunity of reforming this almshouse, which he did not embrace." Gov. Butler said that Dr. Parmenter is dead, and Dr. Robert T. Davis is a member of Congress, with higher ambitions to engage him than superintendent of the Tewksbury almshouse.

Reporter -- What do you propose to do about this, Governor?

Gov. Butler -- Nothing at all, until I ascertain what the servants of the State, whom I have ordered to do their duty, do about the matter. I want to see whether they will perform their duties or have somebody else do it for them.

INTERESTING CORRESPONDENCE.

Gov. Butler has sent a communication to the State board of health, lunacy and charity, in which he says: "I desire to ask the board under what provision of law they claim the right to ask the official opinion of the attorney general upon any question of law, as your board is specially excepted in the statues from the list of officers who may ask the opinion of the attorney general and the district attorney."

Attorney General Sherman being temporarily absent from the State, the Governor also addressed a note to Harvey N. Shepard, assistant attorney general, asking to be informed "under what law of the commonwealth the attorney general can be called on officially to give opinions or advice by the board of health, lunacy and charity? I have been unable to find any such law." Mr. Shepard has replied to both the Governor and the State board, stating that no such law exists. The Governor further said: "Having seen one or more published opinions of yours as assistant attorney general, I respectfully ask for the provisions of law under which the opinions are given, as they make no mention of any direction by the attorney-general in the matter." To this Mr. Shepard replied that he, as assistant attorney general, had acted in the matter according to the custom of the office.