Page:American Journal of Sociology Volume 3.djvu/651

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THE RELIEF AND CARE OF DEPENDENTS 637

party forfeits a fixed sum for the support of such a pauper, or is fined or imprisoned and charged with his support or removal. 1

Of the states named in connection with the above, the stat- utes of New York, Michigan, North Dakota, and South Dakota also apply to the removal of a pauper from his place of settle- ment in order to avoid supporting him. In Connecticut, Kansas, and Wyoming it is unlawful to remove a pauper from his settle- ment. 8 In Connecticut and Wyoming no penalty is attached. In Kansas there is a fine of not to exceed $100, or imprisonment not longer than a year.

A number of states have enacted particularly severe legisla- tion against " interstate migration." Massachusetts, New Hamp- shire, Vermont, Maine, New York, Pennsylvania, West Virginia, Wisconsin, and Minnesota make it unlawful to bring a pauper into the state with the intention of causing him to be there pub- licly supported. 3 In Vermont the migrating pauper himself is

person a public charge there, and in a prosecution such an intention must be estab- lished. The statutes of Maine (Act of 1891), Rhode Island (i, ch. 80), South Caro- lina (887), Michigan (1767, 1776), Ohio (985), Illinois (13, ch. 107), Wisconsin (1515), Minnesota (1968), Nebraska (3941), Nevada (1991), and Oregon (3952), apply to only those cases where the act is done knowingly and with malicious intent. Also, in Massachusetts (16 Mass., 393 ; 18 Mass., 465), Vermont (50 Vt., 173), New York (8 Wend, 672), and New Hampshire (45 N. H., 181), it has been held by the courts that such malicious intent must be established. This condition may perhaps render the law almost worthless. Under the law applying to the removal of a pauper to avoid supporting him conviction would not be so difficult.

1 The penalties in the several states are as follows: Illinois; Nebraska, Washing- ton, Oregon, and Nevada, a forfeit of $100; in Colorado a forfeit of $200; in Ohio a fine of not to exceed $50; in Maine and South Carolina a fine of not to exceed Sioo; in Wyoming a fine of from $25 to $100; in Vermont a fine of not to exceed $500, and the costs of support or removal ; in North and South Dakota a fine of not to exceed $100, or imprisonment not longer than a year, or both ; in Michigan a fine of not to exceed $100, or ninety days in jail, or both ; in New Hampshire a fine of not to exceed $200, or imprisonment in jail not longer than six months; in Rhode Island a forfeit of $100, or a fine of not to exceed $20 together with the costs of removal ; in New York a forfeit of $50 and a fine of not to exceed $100, or imprisonment not longer than six months, or both. In Georgia a person removing a pauper in order to secure his support becomes personally liable for such support. So, too, in Kentucky the law provides that the guilty person shall give bond for the poor person brought in, or is fined not to exceed $100.

3310; 4065,4066; 1958-

'31. ch. 84; 13, ch. 85; 2843; 1891181, p. 2269; 57, p. 1706; 12, ch. 46; 1515