(d) that wherever in this State necessary welfare services are not available to children who are dependent or adjudged delinquent by proper judicial tribunal, or in danger of so becoming, then such services should be provided by this State until such time as they are made available by private and voluntary agencies." (Emphasis added.)

Plaintiffs also contend that under the doctrine of James Stewart and Co. v. Sadrakula, 309 U.S. 94, 60 S.Ct. 431, 84 L.Ed. 596 (1939), only those state laws which were in effect at the date of the cession continue in effect after the cession. More specifically, the contention is that the legislation regarding
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*462 the Bureau of Children's Services (N.J.S.A. 30:4C-1 et seq.) and the legislation regarding commitment of mentally ill persons (N.J.S.A. 30:4-23 et seq.) were enacted after the cession of land to the United States for McGuire Air Force Base and Fort Dix. That argument is unpersuasive. New Jersey has a history replete with examples showing a concern for neglected and dependent children as well as for mentally ill individuals. The concept of relief or welfare is not new in New Jersey. In 1899 the New Jersey Legislature created a State Board of Children's Guardians (L. 1899, c. 165), although other legislation concerning the welfare and safety of children had been enacted even before that. See L. 1879, c. 122; L. 1881, c. 196. The responsibility and authority of the Board was periodically enlarged, see L. 1902, c. 160, and L. 1910, c. 13, until 1951 when the Legislature created the "Bureau of Children's Services."

According to N.J.S.A. 30:4C-2 (L. 1951, c. 138, § 2) the Bureau of Children's Services:

"Means the State agency for the care, custody, guardianship, maintenance and protection of children * * * and succeeding the agency heretofore variously designated by the laws of this State as the State Board of Child Welfare or the State Board of Children's Guardians."

A 1962 amendment to the act, N.J.S.A. 30:4C-2.1, provided:

"Except as otherwise provided by this act, the Bureau of Children's Services shall in all respects and for all purposes be deemed a continuation of the agency heretofore known as the State Board of Children's Guardians * * *" (L. 1962, c. 197, § 39; emphasis added)

For a comprehensive analysis of the development of relief and welfare activity in New Jersey, see Leiby Charity and Correction in New Jersey (Rutgers Univ. Press 1967). Also see L. 1926, c. 51; L. 1928, c. 105; L. 1918, c. 147; L. 1919, c. 97.

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*463 The same traditional concern was shown by the New Jersey State Legislature for the mentally ill. See L. 1901, c. 186; also L. 1906, c. 323, and L. 1918, c. 147, pp. 372-425.

For the reasons stated, the court finds no basis for the relief sought by plaintiffs and the complaint is dismissed. Judgment for the defendants on the counterclaim will be entered; no costs.
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