1906-1908 Ind. Op. Att'y Gen. p. 196

FEEBLE MINDED YOUTH, SCHOOL FOR--AIDING IN ES- CAPE OF INMATE FROM CUSTODIAL DEPARTMENT. May 28, 1907. Hon. Albert E. Carroll, Superintendent School for Feeble Minded Youth, Ft. Wayne, Indiana: Dear Sir-I have received your favor of the 17th inst., asking my opinion upon the legal propriety of instituting charges against certain parties who have aided in the escape of an inmate of the custodial department of your institution, basing the. same upon section 499, Acts 1905, page 701. That section reads as follows: "Whoever aids or assists a person lawfully confined in any jail, workhouse, city prison or lawful place of con- finement, to escape therefrom, or aids or assists such per- son in an attempt to escape therefrom, or whoever shall lie or be in waiting, either within or without the en- closure of any such jail, workhouse, city prison or other lawful place of confinement, for the purpose of aiding or assisting any person lawfully confined in any such place to escape therefrom, or whoever shall assist or aid any person to escape from the control and custody of the keeper of any such jail, workhouse, city prison or other lawful place of confinement, or who shall convey into such place of confinement anything with intent to facilitate the es- cape of such prisoner, or other person so lawfully con- fined, although no escape be actually made, shall, on con- viction, be fined not les§ than fifty dollars nor more than five hundred dollars, and be imprisoned in the county jail not less than three months nor more than one year." I am of the opinion that this statute covers a case such as you present. It will be noticed that after specifying jails, work- houses and city prisons (all of which are places of confinement for delinquents), it then specifies "lawful places of confinement." There is no question but what the custodial department of the School for Feeble Minded Youth is a "lawful place of confine- ment" within the spirit and letter of the above quoted statute. I see no ground whatever for contention of the attorney for the defense. You request that this office take charge of the case which has already been instituted, and that I give the matter my personal attention. As you are probably aware, the duties of this office are ex- tremely exacting, and it is impossible for me, either in person, or by my assistants, to participate in ordinary criminal prosecu- tions in the trial courts; but, in conference with yourself and other gentlemen who visited me recently, I understood this was a matter you regarded as being very important, as establishing a precedent, and, therefore, I suggest to you that you call the governor's attention to the same, and if he agrees with you that the matter is of such importance that it ought to require the attention of the attorney-general, he will perhaps request that I take such action in the premises as will be necessary to give you the desired aid. EPILEPTICS, IN.DIANA VILLAGE FO-UNEXPENDED PORTIONS OF CERTAIN APPROPRIATIONS. May 28, 1907. lion. Enoch G. Hogate, Secretary Indiana Village for Epileptics, Newcastle, Indiana: Dear Sir-Replying to your letter of the 25th inst., in which you ask whether the specific appropriation of $25,000, available April 1, 1907, made for the Indiana Village for Epileptics at the last session of the general assembly, must be expended during the current fiscal year; and, further, inquirng whether the speci- fic appropriation of $75,000 for building and equipment must be entirely expended during the fiscal year ending September 30, 1908. On page 229, Acts 1907, occurs the following: "At the end of each fiscal year the treasurer of state shall cover and transfer into the general fund of the treas- ury the unexpended balances of all regular appropriations: and shall biennially, at the end of the fiscal year, imiedi- ately preceding each regular session of the general assem- bly, cover and transfer into the general fund of the treas- ury, the unexpended balances of all specific appropriations, except such as shall have been made available beyond said time by the act appropriating the same." I am of the opinion that any unexpended portion of the $25, 000 appropriation remaining at the end of the present fiscal year does not lapse at that time; but that whatever remains unex- pended of either of the above mentioned appropriations on Sep- tember 30, 1908, will then be covered into the general fund by the treasurer of state.