1906-1908 Ind. Op. Att'y Gen. p. 121a

SCHOOL OFFICERS-FAILURE TO COMPLY WITH MINI- MUM WAGE LAW. March 18, 1907. Ron. Fassctt A. Cotton, Superintendent of Public Instruction: Dear Sir-I am in receipt of your favor of March 15, 1907, in which you state you have been requested to institute suit under section 3 of the acts of 1903, page 529, against certain school offi- cers for failure to comply with the minimum wage law. You ask how you should proceed in the matter. The section in question reads as follows: "All school officers shall comply with the provisions of this act and shall pay the teachers employed by them no less than such an amount as shall be determined by sections 1 and 2 of this act. School officers who shall be adjudged guilty of violating any of the provisions of this act shall be fined in any amount not exceeding one hundred dollars ($100) for such offense. The state superintendent of public instruction is hereby authorized to bring action against any school officer violating any of the provisions of this act." You will observe the superintendent of public instruction is "authorized" to bring action. The word "authorized" means 'warranted,' ''permitted,'' "justified." (See Webster's Diet.) The statute is not mandatory, but permissive. I therefore advise you to look into this alleged violation of the statute, and if, in your judgment, the facts are such as to warrant such action on your part, to request the public prosecutor to take the matter in hand and proceed against the offenders, at the in- stance of the interested party. You cannot, however, be com- pelled to participate in any manner in such prosecution. FEES-COLLECTED AND RETAINED BY FORMER CLERKS OF SUPREME COURT. March 19, 1907. Hon. Edward V. Fitzpatrick, Clerk of the Supreme Court, Indian- apolis, Indiana: Dear Sir-Youa have submitted the following questions, with re- quest for my opinion thereon: 1. "Under the law, can payment to me as clerk of the supreme court from former clerks of the supreme court be enforced of fees due ex-sheriffs and tra-nscript fees paid,