1906-1908 Ind. Op. Att'y Gen. p. 183

INDIANA STATE SOLDIERS' HOIE-DUTIES OF BOARD OF TRUSTEES IN REGARD TO EMPLOYES, LETTING CONTRACTS, ETC. May 15, 1907. Capt. Eli F. Ritter, Trustee, Indiana State Soldiers' Home, Lafay- ette, Indiana: Dear Sir-In answer to your several inquiries, contained in your letter of May 12, relating, first, to what the board shall do in regard to the specific provisions of section 6, page 142, of the acts of the general assembly of 1907, with reference to the duties and compensation of officers and employes, I beg to advise that it is ap- parent that one of the purposes of the act of which said section 6 forms a part is to clothe the several boards referred to therein with power to appoint the superintendent or head of the particu- lar institution, by whatever name such officer may be known, and to make such appointee responsible to the board appointing him, and to give such appointee the power to appoint all other officers and employes, and to make them directly responsible to him, in the interest of harmony among the officers and employes of the several institutions named therein, and also to give to the boards making such appointments power to fix the amount of compensation to be paid the officers and employes of said several institutions and to define their duties; and to the extent that by said section 6 power is given the board of the Indiana State Sol- diers' Home to fix the compensation of the commandant and an adjutant, and that power is given to the commandant to appoint the adjutant, said section 6 is in conflict with section 4 of the orig- inal act to establish such home, and said section 4 in this par- ticular is thereby repealed, and the board is by said section 6 authorized to appoint such commandant and such commandant is by the same section authorized to appoint the adjutant and all other officers and employes; and it is the duty of the board to fix the compensation of said several officers and employes, and to define ;their several duties. Relating, second, to the right of the board in letting contracts to combine matters for which separate and specific appropriations were made by the appropriation act of 1907, appearing at page 668 of said acts, it is my opinion that the board cannot combine such different matters or contracts, though more than one con- tract for the different matters referred to in said appropriation may be let to one contractor. Relating, third, to your inquiry as to whether a contract can be let for a wooden water tank, under the appropriation to erect a steel tank, it is my opinion that the board cannot let such con- tract. The appropriation is specific and for a specific purpose, to wit: a steel water tank, and to use the appropriation for any other would be to divert it from the purpose for which it was made. Some one, on behalf of this same institution, inquired of me whether the appropriation for a 200-horsepower engine and two boilers of 200 horsepower each and one dynamo, $10,000, cannot be used to purchase two engines and, as I remember, two dynamos. These appropriations are specific, and it is my opinion that the appropriation must be followed strictly. FEEBLE-MINDED YOUTH, SCHOOL FOR-APPROPRIATION OF 1907. May 15, 1907. Hon. John C. Billheimer, Auditor of State, Indianapolis, Indiana: Dear Sir-It is my opinion that the specific appropriation for the School for the Feeble-Minded Youth at Pt. Wayne, Indiana, appearing on page 668 of the acts of the general assembly of 1907, except as otherwise provided, is immediately available for the purposes specified in such appropriation. BOARD OF STATE CHARITIES-DUTIES AND AUTHORITY CONCERNING STATE SCHOOLS FOR DEAF AND FOR BLIND. May 16, 1907. Hon. A. W. Butler, Secretary Board of State Charities, Indianap- olis, Indiana: Dear Sr-I am in receipt of your recent communication ask- ing what are the duties and authority of the board of state chari- ties concerning the state schools for the deaf and for the blind, in view of the act of 1907 (chapter 98, section 2), which reads: "Said schools for the deaf and for the blind shall not be regarded nor classed as benevolent or charitable institu- tions, but as educational institutions of the state conducted wholly as such." The act creating the board of state charities directs that it "shall investigate the whole system of public charities and correc-