1906-1908 Ind. Op. Att'y Gen. p. 184b

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- tional institutions of the state, examine into the condition and management thereof, especially of - 4, 0 infirmaries, public hospitals and asylums. " The hoard in its discretion may at any time make an investigation 0 e . of the management. of any * charitable institution of the state." (Burns' Stats. 1901, section 3194.) My opinion is that the act of 1907, quoted supra, does not in anywise reduce the authority or duties of the board of state chari- ties regarding the institutions for the deaf and blind. I base this opinion upon the following considerations: 1. The above quotation from the act of 1907 occurs in a por- tion of the statute (section 2) which alters the names of certain public institutions. It is apparent in adopting this section the leg- islature was actuated chiefly by a sentiment, namely, to divorce the named.institutions from the category of "charities" as this term is popularly understood. Hence the word "industrial" is dropped from the name of the Indiana Girls' School; the estab- lishments for the deaf and blind are no longer called "institu- tions" but "schools." Formerly the latter were classed by the legislature as benevolent institutions along with insane asylums, orphanages and schools for the feeble minded (see acts 1901, pp. 385-388). The act of 1907 sought to give them a standing in the public estimation less humiliating -to those who were compelled to use, or desirous of using, their privileges. But it by no means follows that the general assembly intended to deprive these two institutions of the advantages accruing from visitation by the state board of charities. 2. The appropriation act of 1907, p. 665, directs that the state board of charities shall approve certain excess appropriations made to the Indiana State School for the Deaf. This is a clear recognition that the state board still retains a supervisory power over this school, though it is nominally not a "charity." 3. It is, as I understand, a fact that in the schools for the deaf and blind are children who are public dependents, and who are wards of the counties which the board of state charities is by law required to supervise. In the light of the fact last above stated it is not unreasonable to assume the legislature intended to deprive these children, who might be sent to the school for the deaf or blind', of the supervision and inspection given to other public wards in strictly charitable or benevolent institutions. 4. The tendency of legislation has been toward enlarging the scope of the powers of the state board, rather than diminish- ing it. Hence, I am of the opinion that the act of 1907 was not in- tended to be a departure from this legislative policy. PROXY-STOCKHOLDER BOUND BY VOTE OF PROXY, ETC. May 4, 1907. Hon. John C. Billheimer, Auditor of State, Indianapolis, Indiana: Dear Sir-In answer to your inquiry as to whether or not a stockholder of a corporation, after receiving thirty days' notice of the business to be transacted at a particular meeting, would be bound by the vote of his proxy at such meeting with refekence to such business, under authority given in these worals: "I do hereby constitute and appoint (naming person) or the majority of them or their survivor's, my sole, true and lawful attorneys, agents and proxies for me and in my name, place and stead, to vote the number of votes that I would be entitled to cast if personally present, at the next and also at each and every general, annual or special meeting of the (naming corporation) of Indiana, or the members thereof, whether said meeting be for the election of directors or for any other purpose whatsoever, then and there to vote for me and in my behalf upon any matters that may arise in the same manner as I should do were I there personally present. and I hereby revoke any and all other proxies heretofore given. This power of attorney and proxy shall continue valid and effectual and in full force and effect as long as I shall be entitled to a vote in said company, and until at least thirty days' notice in writing expressly revoking or sus- pending same shall have been delivered to the secretary of said company; I hereby ratify and confirm whatever my proxy shall do at such meetings. This proxy shall not be operative at any meeting of the company at which the undersigned is present in person. Dated, etc." I beg to advise that such stockholder, if not present at such meeting, would, without doubt, be bound by such vote, and such proxy would be entitled to vote at such meeting.