Statute of the society for the care of poor Jewish children in Kolomy (1908): historical and legal analysis
Inna Levchenko
PhD hab. (History), Professor of the Department of Theory and Methods of Vocational Training, Hryhoriy Skovoroda Pereyaslav-Khmelnytsky State Pedagogical University. Hryhoriy Skovoroda, Pereyaslav, Ukraine
Minas Arakelian
PhD hab. (Law), Professor, First Vice Rector of the National University "Odesa Law Academy", Odesa, Ukraine
Abstract
The purpose of the article is to publish and analyze the Statute of the Society for the Care of Poor Jewish Children in Kolomyia (1908) as a source for the history of this Society and the legal culture of the Jewish community in the eastern cities of Eastern Galicia in the early 20th century. The research methodology - principles of scientific, objectivity, historicism, methods of external and internal critique of sources. The research novelty is that the Statute of the Society for the Care of Poor Jewish Children in Kolomyia (1908) was first published and analyzed as a historical and historical-legal source. The Conclusions. Thus, the Statute of the Society for the Care of Poor Jewish Children, which was formed in Kolomyia in 1908, is supposed to have been concluded by the Jewish lawyer H. Landau. After approval by the Governor, the Society published its Statute, which consisted of 29 articles. This document is known to researchers, but has never been published or analyzed as a historical and legal source. It is stored in the Central State Historical Archive of Ukraine in Lviv. The Statute had a bifunctional purpose, as it regulated the activities of the Society and the "Okhoronka " formed by it. Articles of the Statute can be divided into three groups: 1) the purpose and material principles of the Society and the "Okhoronka2) tasks, rights and responsibilities of the members of the Society and the "Okhoronka"; 3) structural-organizational and managerial aspects of activity of the Society and the "Okhoronka". We consider the Statute to be an important historical source for the history ofJewish public organizations of charitable orientation in Eastern Galicia, the history of Kolomyia in the early 20th century, as well as the history of domestic legal thought. The document is published in the original language (Polish) in compliance with the necessary archaeographic requirements. history jewish community
Key words: The Society for the Care of Poor Jewish Children, "Okhoronka", Eastern Galicia, Kolomyia, assimilation, Jewish community.
СТАТУТ ТОВАРИСТВА ПО ДОГЛЯДУ ЗА БІДНИМИ ЄВРЕЙСЬКИМИ ДІТЬМИ У КОЛОМИЇ (1908): ІСТОРИКО-ПРАВОВИЙ АНАЛІЗ
Інна ЛЕВЧЕНКО
доктор історичних наук, професор кафедри теорії та методики професійної підготовки ДВНЗ "Переяслав-Хмельницький державний педагогічний університет ім. Григорія Сковороди", м. Переяслав, Україна
Мінас АРАКЕЛЯН
доктор юридичних наук, професор, перший проректор Національного університету "Одеська юридична академія", м. Одеса, Україна
Анотація
Мета статті - опублікувати та проаналізувати статут Товариства по догляду за бідними єврейськими дітьми у Коломиї (1908) як джерело до історії зазначеного Товариства та правової культури єврейської громадськості повітових міст Східної Галичини початку ХХ ст. Методологія дослідження - принципи науковості, об'єктивності, історизму, методи зовнішньої та внутрішньої критики джерел. Наукова новизна полягає у тому, що уперше публікується Статут Товариства по догляду за бідними єврейськими дітьми у Коломиї (1908) та здійснюється його аналіз як історичного та історико-правового джерела. Висновки. Отже, Статут Товариства по догляду за бідними єврейськими дітьми, яке утворилося в Коломиї 1908р., припускаємо, було укладено єврейським юристом Г Ландау. Після затвердження Намісництвом, Товариство надрукувало свій Статут, який складався з 29 статей. Цей документ відомий дослідникам, але жодного разу не публікувався та не аналізувався як історико-правове джерело. Він зберігається у Центральному державному історичному архіві України у Львові. Статут мав біфункціональне призначення, оскільки регламентував діяльність Товариства та утвореної ним охоронки. Статті Статуту умовно можна поділити на три групи: 1) мета і матеріальні засади функціонування Товариства й охоронки; 2) завдання, права і обов'язки членів Товариства і охоронки; 3) структурно-організаційні та управлінські аспекти діяльності Товариства та охоронки. Вважаємо Статут важливим історичним джерелом до історії єврейських громадських організацій харитивного спрямування у Східній Галичині, історії Коломиї початку ХХ ст., а також до історії вітчизняної правової думки.
Ключові слова: Товариство по догляду за бідними єврейськими дітьми, охоронка, Східна Галичина, Коломия, асиміляція, єврейська громада.
The Problem Statement
In the late 19th - early 20th century the Jewish community of Eastern Galicia underwent significant modernization changes. They were marked not only by the influence of Zionism, but also by the emergence and spread of numerous charitable Jewish public organizations. In many Galician cities with Jewish communities, various societies were formed to help poor Jewish families, children, and the elderly. Similar processes affected the Ukrainian and Polish national communities of Eastern Galicia, but the distinction of the Jewish version of modernization was the struggle between isolationists (traditionalists, orthodox) and assimilators. The latter advocated the integration of Jews into the social environment (mostly Polish) through secular education, active participation in socio-political, social and cultural life. It was the assimilators who were at the origins of many Jewish non-governmental organizations in Galicia, including the Society for the Care of Poor Jewish Children, founded in Kolomyia in 1908. Its Statute, which, incidentally, was written and published in Polish, is the subject of our archeographic and legal analysis.
The Analysis of Research and Publications. The Society for the Care of Poor Jewish Children in Kolomyia in 1908 came under the lens of Ukrainian scholars, especially researchers of the history of Kolomyia: V Hrabovetskyi (Hrabovetskyi, 1996), S. Andrijshyn (Andrijshyn, 2003), L. Vaigel (Vaigel, 2008), I. Monolatij (Monolatij, 2003; Monolatij, 2010). Interesting memories from the life of Kolomyia and the county in the 20th century were collected in the two-volume collection Kolomyia ta Kolomyishchyna (Romanenchuk, 1988; Savchuk, 2008), although they focused mainly on the past of the Ukrainian community of the city. A considerable layer of research is devoted to the system of child custody in Galicia. In particular, in 2002 the 16th volume of the collection Galicia and its Heritage was published, which revealed the processes of formation and development of the network of orphanages in the Kingdom of Galicia and Lodomeria (Meissner, 2002). The Polish scientists (Siedlaczek, 1998; Lapot, 2011) have conducted important research on this problem. In general, in these works, the activities of the Society for the Care of Poor Jewish Children in Kolomyia were hardly mentioned or described rather briefly. The Statute of this Society has not yet been the subject of archeographic research. It should be noted that in modern Ukrainian archeography the attention to this type of documents as statutes is growing. In this area, we should note the publications of M. Haliv and O. Nevmerzhytska (Haliv & Nevmerzhytska, 2018) and E. Kazan and T. Otradnova (Kazan & Otradnova, 2019).
The purpose of the article is to publish and analyze the Statute of the Society for the Care of Poor Jewish Children in Kolomyia (1908) as a source for the history of this Society and the legal culture of the Jewish community in the eastern cities of Eastern Galicia in the early 20th century.
The Statement of the Basic Material
The Statute of the Society for the Care of Poor Jewish Children in Kolomyia (hereinafter - the Society) is in the Central State Historical Archive of Ukraine in Lviv (Fonds 178: State School Council, description 1, case 5942, pp. 1-5). It was published by the Society in the printing house of A. Kisilevskyi in Kolomyia immediately after the approval by the Imperial-Royal Governorate of the Kingdom of Galicia and Lodomeria, which took place on 2 May 1908 (CSHAUL, f. 178, d. 1, p. 5942, p. 1a). The publication contains not only the Statute, but also a list of members of the Society and a list of members of the Jewish "Okhoronka Yubileina" - a shelter (orphanage) for Jewish children, created by the Society on the occasion of the state anniversary - 60 years of reign of the Austro-Hungarian Emperor Franz Joseph I (CSHAUL, f. 178, d. 1, c. 5942, pp. 5v-8).
As of 1908, the Society had 201 members, most of whom were women (CSHAUL, f. 178, d. 1, c. 5942, pp. 6-7). It is important that families joined this public organization. For example, the members of the Society were Isaac Freyer and his wife Mina, Baruch Beiser and his wife Emma. The Society also included a relative of the well-known Ukrainian and at the same time Jewish publisher Yakiv Orenshtain - Ruzia (CSHAUL, f. 178, d. 1, c. 5942, p. 6v). The Board of the Society was headed by Dr. H. M. Landau, a lawyer from Kolomyia. His deputy was Anna Trakhtenberh, the treasurer was Pavlina Gules, and the secretary was Sameul Sheirman. At the same time, the "Okhoronka Yuvileina" Board was formed, headed by Karolina Schiller and her deputy, Antonia Milhromova Berger. The treasurer of the "Okhoronka" board was Dora Waller, the secretary was Franciszek Bibring (CSHAUL, f. 178, d. 1, c. 5942, p. 5v). The founding members of the "Okhoronka" were Anna Bretler, Pavlina Gules, Eva Kokhn, Dr. H. M. Landau, Stefan Veis, Solomn Marmorosh, Karolina Seidman, Helena Shor. Among the institutions that provided support to the orphanage were the Kolomyia branches of Credit Bank, Halych Commercial Bank, the Export and Commission Bank for Trade and Agriculture, the Industrial Society of Loans and Savings, etc. A total of 84 members were members of the "Okhoronka" (CSHAUL, f. 178, d. 1, c. 5942, pp. 7v-8).
We should note that at the time of approval of the Statute (2 May 1908), the "Okhoronka" has not yet been formed. On 15 October 1908, the head of the "Okhoronka", K. Schiller, wrote a letter to the State School Council in Lviv (hereinafter - SSC) requesting permission to open the "Okhoronka" on 1 November of the same year. She assured that 32 children would be admitted to the shelter and asked to hand over the management of the institution to Sofiia Rosentkhal, who had experience working at the Froebel kindergarten in Frankfurt am Main. In addition, she was to be assisted in her work with children by two assistants (CSHAUL, f. 178, d. 1, c. 5942, pp. 10v-11). Instead, SSC asked the Kolomyia District School Council (hereinafter - DSC) to find out whether this institution met the requirements of the ministerial rescript of 22 June 1872, and to determine the qualification level of the head of the "Okhoronka" and her assistants. Therefore, on 1 December 1908, the DSC in a letter assured the SSC that the "Okhoronka" met the requirements of the said rescript, the material support of the institution was quite sufficient, the house met the requirements, and from 1 May 1909 a house with a garden would be rented for the "Okhoronka". Officials also confirmed the sufficient qualifications of the head of the "Okhoronka" and her assistant (CSHAUL, f. 178, d. 1, c. 5942, p. 9). Therefore, there were no obstacles to the activities of the "Okhoronka" and, we assume, the SSC gave permission for its implementation.
Analyzing the Statute of the Society, we should note that its feature is a bifunctional purpose, as it regulated not only the activities of the Society, but also its subordinate institution - the above-mentioned "Okhoronka" for "abandoned, neglected and homeless Jewish children in Kolomyia". Usually in the Austro-Hungarian Empire in general and in Galicia in particular, public organizations and certain social institutions formed by them had separate statutes. The analyzed document consists of 29 articles. Conditionally, they can be divided into three groups: 1) the purpose and material principles of the Society and the "Okhoronka"; 2) tasks, rights and responsibilities of the members of the Society and the "Okhoronka"; 3) structural-organizational and managerial aspects of activity of the Society and the "Okhoronka".
The purpose and objectives of the Society are set out in paragraphs 1-3 of the Statute. According to them, the purpose of the Society is to supply poor Jewish children of local folk, special and other schools with clothing, footwear and teaching aids. In addition, the Society aimed to maintain the "Okhoronka" (orphanage) combined with the "Zakhoronka" - a kindergarten that operated on the Froebel system. Revenues for these purposes were supposed to be formed from four sources: a) contributions and donations of members of the Society; b) donations from third parties; c) income from various performances, concerts, parties, which were supposed to be organized to raise funds; d) donations and funds recorded under wills (CSHAUL, f. 178, d. 1, c. 5942, p. 2). The amount of membership fees was outlined in paragraph 3 of the Statute. The members of the Society had to pay 4 Austrian crowns a year. To maintain the "Okhoronka", the formation of a "Jubilee Fund" was initiated, to which ordinary members of the Society had to pay at least 12 crowns, active members - 24 crowns, founding members of the Society - 50 crowns, and protectors - 100 crowns annually (CSHAUL, f. 178, d. 1, c. 5942, pp. 2-2v).
The main tasks, rights and responsibilities of members of the Society are outlined in paragraphs 3-6. The Statute, in fact, introduced three categories of members of the Society: ordinary, protectors and honorary members. It is true that the founding members of the Society were mentioned twice in the Statute, but the document did not single out their rights and privileges, so it is inexpedient to classify them as a separate category of members.
A regular member of the Society could be any person who, upon joining the organization, would pay annual membership fees (the entire amount at once or in quarterly installments). Persons who distinguished themselves by their activities for the development of the Society could receive the title and rights of protectors. An honorary member could be someone who would make a significant monetary or material donation for the benefit of the Society. Ordinary members were admitted to the "Vydil" Society (government, board), and protectors and honorary members were appointed by the General Meeting of the Society. Withdrawal from the Society became possible in two cases: 1) subject to the submission of an application and payment of a six-month quota of membership fees (2 crowns), starting from the date of withdrawal; 2) subject to relocation from Kolomyia. The same members who owed membership dues for the year were automatically expelled from the Society, but were not released from the obligation to pay dues (CSHAUL, f. 178, d. 1, c. 5942, p. 2v). All members had equal rights to participate in the activities of the Society, but with some restrictions: only those members of the Society who paid for the needs of the orphanage at least 12 crowns per year had the right to vote in "Okhoronka" cases (CSHAUL, f. 178, d. 1, c. 5942, p. 2v). Therefore, the Society had a certain "material qualification" for the full rights of members of this organization.
The rights of the members of the Society were also affected by paragraph 28 of the Statute, which regulated the settlement of disputes between members. Certainly, there were disputes concerning the Society. The statute provided for the formation of an "amicable court" consisting of members of the society who were not related to the parties to the case. Each side elected one judge, and they, in turn, elected a third one. All three judges elected a Chairman from among themselves. The Statute forbade appeals against the verdict of the "amicable court". At the same time, it provided for the possibility of forming a court from persons who were not members of the Society, provided that the "amicable court" could not pass a verdict within 30 days (CSHAUL, f. 178, d. 1, c. 5942, p. 5).
Structural-organizational and managerial aspects of activity of the Society and "Okhoronka" were regulated by paragraphs 7-29 of the Statute. The highest governing body of the Society was considered to be the "Vydil" (government, board). The current affairs were handled by the so-called "Directorate", which was an integral part of the "Vydil". Members of the society were elected to the "Vydil" regardless of gender, and a special quota was introduced for women - at least 14 members were to be members of the board. The "Vydil" consisted of 24 members and 6 deputies, who were elected annually by the General Meeting. In addition to these 30 people, the board included rabbis of Kolomyia and teachers of the Jewish religion (the "religion of Moses") who worked in the city's schools (CSHAUL, f. 178, d. 1, c. 5942, pp. 2v-3). The latter, by the way, may not have been members of the Society. Therefore, the Statute set a precedent for the introduction into the governing body of the Society of persons who, in fact, had no obligations to this organization. However, in paragraph 9 of the Statute it was fixed a rule according to which the "Vydil" could work without a rabbi and teachers of religion, if the latter did not want to join it (CSHAUL, f. 178, d. 1, c. 5942, p. 3).
The procedure for electing the "Vydil" was two-stage: the General Assembly elected 12 members (of whom at least 2 were women) and 3 deputies. Later, the members of the Society, who contributed significant funds to the "Jubilee Fund" of the "Okhoronka" elected a special "Vydil of Okhoronka" (12 members and 3 deputies - all women), which was a full member of the "Vydil" of the Society (CSHAUL, f. 178, d. 1, c. 5942, p. 3). Thus, the main management body of the Society automatically gained control over the management of the "Okhoronka". The "Vydil" decided all cases concerning the Society, except for those that belonged to the competence of the General Meeting.
The members of the "Vydil" elected a chairman, a deputy and a treasurer, four shafars (collectors of material values) and a secretary from among their members. All these officials formed the so-called "Directorate", which was considered the executive body. Similarly, the "Vydil of Okhoronka" elected a chairman, a treasurer, a secretary, and four shafars, who together constituted the "Directorate of Okhoronka". In cases that required immediate resolution, the "Directorate" could act independently, but at the next meeting of the "Vydil" it was obliged to justify its decisions and measures (CSHAUL, f. 178, d. 1, c. 5942, p. 3). Paragraphs 12-15 governed the responsibilities of the Directorate members. The Chairman represented the Society in foreign relations, chaired the meetings of the General Meeting, the "Vydil", the "Directorate", headed the administration, signed the assignments, and monitored the decisions implementation of the management bodies of the Society. In the absence of the Chairman, his powers were exercised by his deputy. The Chairman of the "Vydil of Okhoronka" had similar powers, but she did not have a deputy. The responsibilities of the treasurer were to control the funds of the Society, to ensure cash payments for the appropriations signed by the Chairman, and to draw up a financial report at the end of the year. The shafars kept non-monetary donations ("naturalia"), purchased the necessary clothes and other items, and distributed them in accordance with the decisions of the "Vydil" (or "Directorate"). The secretary wrote the minutes of the meetings of the General Meeting, the "Vydil" and the "Directorate", kept correspondence, the list of members of the Society, prepared the agenda for the meetings, kept the documentation of the Society in order. The powers of the treasurer, shafars and secretary of the "Vydil of Okhoronka" were similar (CSHAUL, f. 178, d. 1, c. 5942, pp. 3-3v).
Meetings of the "Vydil" and the "Directorate" were supposed to be convened if necessary at the request of the Chairman (or his deputy). During the meetings, in accordance with the Statute, the founding members and protectors of the Society had the same voice as ordinary members. The presence of the Chairman (or his deputy) and six members of this body was necessary for the validity of the decisions of the "Vydil". Instead, the validity of the decisions of the "Directorate" was conditioned by the presence of the Chairman (or his deputy) and two of its members. Decisions in both bodies were made by a majority vote of the members present at the meeting. In case of an equal distribution of votes, the draft decision advocated by the Chairman was adopted. All source documentation, especially letters, had the right to be signed by the Chairman and the secretary of the Society, but the documentary obligations to third parties were signed by the Chairman (or his deputy), the secretary and one member of the "Vydil". Similar rules applied to the "Vydil of Okhoronka" (CSHAUL, f. 178, d. 1, c. 5942, pp. 3v-4).
The following paragraphs of the Statute (paras. 19-27) regulated the procedure for convening, holding meetings of the General Meeting of the Society, defined its powers. The General Meeting was convened through announcements in local periodicals or by sending personal messages. Meetings were divided into ordinary (regular) and extraordinary. The regular meeting of the Meeting was to take place in December each year. Instead, an extraordinary meeting could be convened by the "Vydil" or 20 members of the Society. The day of the General Meeting and the agenda should have been announced at least eight days before (CSHAUL, f. 178, d. 1, c. 5942, p. 4). The powers of the General Meeting included: analysis of the activities of the "Vydil" for the last administrative year; approval of the report on the financial activities of the Society; election of two auditors to clarify the state of finances; approval of the Society's budget for the next administrative year; determination of the direction of the Society's activity; election of chairmen (and their deputies) and members of the "Vydil" and the ""Vydil of Okhoronka"; election of protectors and honorary members; consideration of proposals of members listed on the agenda; consideration of complaints against the "Vydil"; making changes to the Statute; decision-making on the dissolution of the Society. The subjects of consideration of the General Meeting could be only those issues that were submitted to the "Vydil" in writing no later than 14 days before the meeting. A draft amendment to the Statute could be included in the agenda only with the support of 20 members. Only those issues for which it was convened could be considered at an extraordinary meeting of the General Meeting. The General Meeting could make decisions only if at least 50% of the members of the Society who lived in Kolomyia were present at the meeting. In case of equal distribution of votes on a certain issue, the decision was considered not adopted. The issue of dissolving the Society could be approved by at least 2/3 of the members. The statute also provided for the convening of a regular meeting of the General Meeting, if at the current meeting the members of the Society could not resolve a particular issue (CSHAUL, f. 178, d. 1, c. 5942, pp. 4-4v).
The last paragraph of the Statute was traditional for this type of legal documents and provided for the conditions of dissolution of the Society. At the last meeting of the General Meeting it was necessary to decide on the fate of the Society's property. If, for some reason, such a decision could not be adopted, the Statute provided for the transfer of the Society's property to the Jewish kagal of Kolomyia as a fund to help the poor (CSHAUL, f. 178, d. 1, c. 5942, p. 5).
In general, the Statute of the Society did not always consistently define the powers of members. On the one hand, all members of the public organization had equal rights; on the other hand, the largest donors received additional rights to address issues of the "Okhoronka". Mentions of the "founding members" or "founders" of the Society were also incomprehensible. On the one hand, the Statute respectfully mentioned this group; on the other hand, it did not have any defining rights regarding the Society. In addition, the norms outlining the formation of the "Vydil" seem to be somewhat contradictory. In our opinion, it was not entirely logical to include the "Vydil of Okhoronka" in its entirety in the "Vydil". The Statute did not address the issue of legal relations between the Chairman of the "Vydil" and the Chairman of the "Vydil of Okhoronka". The latter, apparently, was only an ordinary member of the "Vydil", although it could count on the status of Deputy Chairman of the "Vydil". A significant drawback of the Statute is the lack of declaration of tasks in relation to the purpose and content of the upbringing of Jewish children in the "Okhoronka". It is known that children's shelters were also educational institutions that ensured the formation of certain (often moral, religious and national) values in children. However, the drafters of the Statute bypassed this issue in silence.