1906-1908 Ind. Op. Att'y Gen. p. 193

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 194 the board has no power to discharge from custody one who they consider has been improperly committed to the institution; since this would directly challenge the decision of the circuit court which has committed such person. But if, after commitment, it becomes apparent such person's condition is not the same as when passed upon by the circuit court, but is so far improved that further confinement would be unecessary and improper consider- ing the welfare of the person in question, and that she can and will be properly cared for outside the department, and would not be a menace to society or a burden upon the community, my view is that the board of trustees, in the exercise of the broad discre- tion vested in it by statute, may adopt a rule providing for a discharge when the facts above indicated are found to exist. In the latter case, I do not consider any order of court is required to render the discharge legally effective. The above is sustained by the views expressed by my prede- cessor, Hon. Charles W. Miller, in an opinion on December 2, 1902, to Hon. Alexander Johnson, Superintendent of the Indiana School for Feeble-Minded Youth (see Biennial Report of Charles W. Miller, attorney-general, 1903-1904, page 153). Attorney- General Miller therein says: "No provision is made by law giving the board author- ity to discharge the prisoner committed as feeble minded, because in the judgment of the board the finding of the court was erroneous. As well might it be contended that the prison board could discharge a prisoner upon its belief that he was not guilty of the offense of which he had been convicted. The law makes the court the judge of the wo- man's mental condition and not the board; however, a conditioni of feeblemindedness is sometimes produced by an enfeebled physical condition, and will yield to proper treatment and diet. In such cases where the mental condi- tion of the subject so improves after treatment as to be a proper subject to be released from confinement, a rule should be provided under which persons committed whose mental condition has so improved as to render confinement .imnecessary or improper may be discharged."