1906-1908 Ind. Op. Att'y Gen. p. 191

expenses for any department should be construed to mean trav- eling and hotel eypenses within the state of Ipdiana, and not else- where. The provision made for the public library commission is $7,000, no part of which is especially designated for traveling or hotel expenses. My view is-that even if the section first above mentioned applied to the appropriations for the year 1907 it would not apply to a case where no specific appropriation for hotel or traveling expenses is made. You will notice, however, the sec- tion mentioned above relates to appropriations "herein provided," that which was made for the benefit of the public library com- mission is available after the beginning of the fiscal year in Octo- ber, 1907. The appropriation under which the commission is now acting is that made in 1905, and the latter statute contains no restriction as to traveling or hotel expenses. I am therefore of the opinion that there was nothing passed at the recent session of the legislature to prevent the payment of your railroad expenses and your hotel bill at the meeting of the American Library Association at Asheville, North Carolina. INDIANA GIRLS' SCHOOL-INSTALLATION OF "BOILER, ENGINE AND GENERATOR," ETC. May 17, 1907. Mr. Samuel Shutt, Chief Engineer, State House: Dear Sir-Your verbal request for my opiuion as to whether the board of trustees of the Indiana Girls' School were authorized to expend the appropriation made by the act of 1907 (Acts 1907, p. 669) for "furnishing and installing boiler, engine and genera- tor, switch board and all necessary appliances, equipments, mate- rials and labor" without first receiving competitive bids, after notice given, or whether the board could legally purchase and have installed such boiler, etc., the same as an individual might do. Among other items appropriated I notice the following, specific: "One new cottage, twenty-five thousand dollars; two employes' cottages for men, at two thousand dollars each, four thousand dollars; cow barn and horse barn, three thousand dollars; storehouse and cold storage, six thou- sand five hundred dollars; fence, two thousand dollars; hennery and piggery, five hundred dollars; grading walks, drives, roads, improving grounds and planting trees, five thousand dollars: furnishing and installing boiler, engine and generator, switchboard and all necessary appliances, equipments, materials and labor, five thousand seven hundred and fifty dollars" (Acts 1907, p. 669). Section 7 of the act approved March 2, 1907 (Acts 1907, p. 138), entitled "An act concerning the names, management and control of the state benevolent, reformatory and penal institu- tions, defining the powers of the boards of trustees," etc., pro- vides that- "In the purchase of all supplies that enter into the maintenance of any of the institutions covered by this act, it shall be the duty to invite competitive bids through sealed proposals to the president of the board of each insti- tution, and the lowest and best responsible bidder shall be awarded the contract, and the same provision shall apply to the construction and equipment of all buildings for any such institution. Public notice of such bids shall be given by publication in the two leading newspapers in the county where such institution is located, and other- wise if considered beneficial. If such board deem it ad- visable and in the interest of economy to buy certain arti- cles in quantity to last for a longer period, it shall have the right to do so. Such fact, however, shall be particularly stated in the notices. Blank bids shall be furnished for all applicants, but bids shall not be rejected because not contained on such form. Any or all bids may be rejected." You will note that competitive bids through sealed proposals must be invited in the purchase of all supplies that enter into the maintenance of any of the institutions covered by the act, and the same provision is made to apply to any such boards in the "construction and equipment of all buildings for any such insti- tution." The provision is also made that public notice shall be given through the newspapars before any such contracts can be let. I am clearly of the opinion that when the last named act is construed with the provisions of the appropriation act of 1907, it is shown to have been the intention of the legislature that contracts to build and equip the various buildings for the use of the Indiana Girls' School, for which appropriations were made by the appropriation act of 1907, should be let, and that such contracts were to be let after receiving competitive bids. It is apparent that the "furnishing and installing of a boiler, engine and generator," etc., in one of the buildings of the girls' sehool, would be a part of the equipment of the building, and hence the act of March 2, 1907, requires that the trustees shall advertise for competitive bids and contract for the furnishing of the boiler, etc., and follow the directions found in this act. It is therefore my opinion that the trustees of the girls' school are not authorized to procure by purchase and have installed such boiler, engine, etc., but that the same can only legally be procured by such board by contract, after advertisement and bids received. FEEBLE-MINDED YOUTH, SCHOOL FOR-RELEASE FROM CUSTODIAL DEPARTMENT FOR ADULT FEMFALES, ETC. May 24, 1907. Hon. Albert E. Carroll, Superintendent Indiana School for Feeble Minded Youth, Ft. Wayne, Indiana: Dear Sir-Your favor of the 17th inst., is at hand, requesting my opinion upon the question whether the board of trustees of the School for Feeble-Minded Youth is vested with authority to release persons who are committed to the custodial depart- ment for adult females, if, in the opinion of the board such persons can be properly cared for outside of the institution, and would not be a menace to society; and whether it would be necessary for the board to obtain an order from the court or other authority before granting such release. The statute governing this institution directs the manage- ment to "receive into such (custodial) department such persons as can be proporly and conveniently cared for therein, and as are committed -thereto in accordance with the provisions of this act" (Burns' Stats. 1901, §3113). The sane section requires the circuit court to committ feeble minded adult females to the custodial department of the institution. Section 3129 provides for the discharge of pupils from the school, but "the statutes con- tain nothing in regard to the release of adult females. The powers of the board of trustees are ample, including the "general charge and management of said institution" (§3105 Burns' Stats. 1901) and its "legal 6ustody and supervision" (Acts 1907, p. 141). Upon full consideration of the subject, I am of the opinion that [13-193951