Little v. City of Newburyport

• Decision Date: 02 January 1912
• Citation: 210 Mass. 414,96 N.E. 1032
• Parties: LITTLE et al. v. CITY OF NEWBURYPORT.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

210 Mass. 414

96 N.E. 1032

LITTLE et al. v. CITY OF NEWBURYPORT.

Supreme Judicial Court of Massachusetts, Essex.

January 2, 1912

Jan. 2 1912.

COUNSEL

Nathaniel N. Jones and Ernest Foss, for plaintiffs.

Arthur Withington, for defendant.

OPINION

SHELDON J.

It may be scarcely possible under our statute (R. L. c. 12, § 5, cl 3; St. 1909, c. 490, p. 1, § 5, cl. 3) to lay down a general rule as to the character of the Young Men's Christian Associations which have now become so numerous. In each case the question will be whether the institution is in its character literary, benevolent, charitable or scientific within the meaning of those words in the statutes; and the answer will depend upon the language of its charter or articles of association, constitution and by-laws and upon the objects which it serves and the method of its administration.

The purpose of this Association is 'the improvement of the spiritual, mental, social and physical condition of young men.' The provisions of its constitution and by-laws, so far as they are shown, are designed and adapted to accomplish that purpose. Its membership is made up of active and associate members. Any man above the age of fifteen years who is a member in good standing of a Protestant Trinitarian church may become an active member, and no others have the right to vote or hold office. Any man above the same age of good moral character may become an associate member and enjoy all other privileges. Each of these classes is subdivided into sustaining members, those who contribute at least ten dollars a year; unlimited members, who pay five dollars a year and have all the privileges of the Association; and limited members, who are not allowed to use the gymnasium and some other means of amusement of the Association. Boys in the public and parochial schools are allowed full privileges upon payment of a smaller annual fee. There is no religious test applied to the associate members, and these include Catholics, Jews, and all shades of religious preferences among Protestants, while many of them have no religious preference at all.

The Association has a definite policy of religious work, which is stated with some detail in the exceptions. This is not confined to the members, and includes services in different school-houses and churches. It is an expense to the Association.

It carries on considerable educational work, having maintained classes in fifteen or twenty different studies. In these a small fee is charged to pay for the hire of the teacher, the deficit being made up by the Association. This work also is not confined to the members. It is done usually at a loss, never with a profit. There was testimony that 'the Association has tried to do more educational work than was apparently demanded. For instance, we have tried to do work for the shoe workers. We have had representatives from the silver factory and from all the shoe shops, and have had talks with them to try and improve their conditions. The Association is always willing to do that work if they can get four, five or six men to join the classes. * * * There has not been a demand for the bookkeeping classes and writing classes and English classes. We have considered that every year, and provided the facilities, but have not had the response.' The Association has conducted classes in English for the Polish residents of Newburyport, both men and women. The city furnishes wardrooms for this purpose, and all Poles are invited to come. They are taught by volunteers, and no fee is charged to the pupils. They are also given talks on hygiene, civics, government, history and elementary mathematics; are given advice on the way to become citizens and upon other matters. There is also teaching in physical education, rowing, swimming, etc.

A reading room is maintained, which is open to the public.

There are also held meetings for social purposes, entertainments and games, public receptions, and sometimes shop receptions, wherein men from different factories are entertained without cost to them.

Some work is done which is charitable in the popular meaning of that word, mainly to assist young men, both members and nonmembers.

None of the work is done for profit. The Association has no capital stock. None of its officers except its secretary receives any compensation. It depends for the support of its work mainly upon subscriptions.

It will be seen that this is not an almsgiving organization. But that is not decisive of the question raised. Charity in the legal sense 'is not confined to mere almsgiving or the relief of poverty and distress, but has a wider signification, which embraces the improvement and promotion of the happiness of man.' Braley, J., in New England Sanitarium v....