2” 

;h 

‘Y OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

4 AUSTIN 

lioaarabld Waver B. Baker 

Ghairman, State Board of’ Control 

Austin, Texas 

Pau rrako the Sol 

this department, t(b- 

‘Of 8ar alla p 

trol h&a enc 

for an opinion from 

csuao of the mergenc7 

state Board of Gontnixlag fresh meat 

8 of the state of 

08 pounds monthly. The big 

aquenm3, ve lnitiatsd a plan 

of and thus fw ve ham been 

n a reasonably satisfactory 

of nonq to tha State. 

o carry on tho program in the most eaonomlunbent on U.U to obtain aa nawh reed stuff 

in the viobity of each institiution that could be gathered aJ 

s~lplsysos ;md patients of our inatltutione’ on a bisfe OS a 

perotstage of the orop to the owner and a peroentage to the 

institution suppying the labor, or an some other basis. 

r%inoe the eatabliehmfmt oi the eleemo~ e7stam, 

perhaps m$ of the aatual work performed on the grwnde, in 

the gydrjns, on the farms-ti doirJr haa bea done b7 prrtient 

labor. 111 p8ycblatristo agree that proper17 superrised lnbor 

Poll reorsation aotually bemfit mpnJ patients mOc0 thaa anf 
--. 

Uozuwable ~eaverD.Baker - peg82 

other thing that mu be done for them. Ho patient or inaate OP one OS our schools Is ever required to perf+om 

any lnbor against his will, although the mntal patients 

msy not logally be able to &ire eonsent, nmertheless 

they do km8 uhat they are do%ng sod enJOy the work. It 

is figured that 6 patients will do the uork of on% ordinary 

laborer, whhon the7 ere proper17 Oared for b7 the emplogeee 

of the state; 

#The State Board of Control would liko very mmh 

to utllise, an soon as possible, anei hereafter, the employees, patients and Innate5 Of Our aohoole, on garden and agrioultural laad6 ad)aoent or near eaoh Institution for the 

purpose or obtaining feed foe %omcatio livestock or food 

far persons in our custody on some basis of obtaining the 

fruits of their labor for the beuef'it Of the instltutlon. 

Will 70~1, therefore, adrise us ae followa~ 

s(1) Vould the Dootor-Superintexxlont of any aentsl 

hospital in Texas have the right to make an agreement with an 

owner of a fa5 or gar%ea mop, to harvest such crop, pith a 

share to the owner +d a share to the institutions, b7 use of 

pat&oat labor, mapesvlsed b7 regular17 employ& attendauts, 

uhere in the fuaslwnt of such DootorGuper%ntendent, eueh 

labor uould in Saot benat such patients aand f'urtha provided that such aotion was taken by and vith the Oonsent 

of the %.ate Board of Control? 

m(2) IS you ansu%r the abwe inquiry in the af'fir~~- 

tiw3, would the same rule apply to Superintezxltits of our eleemosynary sohoola and correctional schools uhere the inm%tQ populatlon Fa rithout mental defects? 

'(3) Where the Doctor-Buperintondeut of 6 mental institution @ae of the opinion that it uould benefit patIenta, 

could auoh Doctor-Superlnten&3nt, by and uith the oonscmt OS 

the Board of Control, purchase an agrioultural orop 8%j8oent, 

or near euoh institution anb hsroest such crop, with patient 

labor, properly supervfead b7 regular nttendauts, wkeu it 

was tho opition of suoh Doctor-3uperintemWmt that suoh labor 

rould prove of bfmefit to the patient? 

W(4) Ii you hare anr3rere4d qtlestioll 3 in the airmatite, would the same rule apply to eleomosyuar7 and oOrlWotiOn01 sohoola? 

*If neither oi the above policlos can be pursued as a 

mtter of law, do you kuo~ of' any lrethod or policy that aan be 

Ptilizui to effect the purposes set cut In the caption of this 

thquLrJr thst would not be +iolatire of the la*? 
217 

Eonorable Uewer 8. Baka - PorpO 3 

OXa riw of the faet that ~8 need to inmediately begin to take action in this matter, 

if suoh can be done, because of the fact that 

many forage crops are aw matured, ~0 muld apjU'eoist0 JOPr WU’4 dtCillti0B t0 these inqrdriw,. 

The prcblem rith which you are ccufrouted is 

quite im important one, and you are to be costineuded in

seeking to work out It.8 solution. 

Tour inquLry is general - that is, rith reepect to the classes of iustl.tutions aud not with r6- 

speot to auy particular institution - aud our auwer 

-1 be eOa0nlingly broad. 

/ mere is lmolved in the coneideration ths 

gcueral polioy of the State rith respect to persons in 

her custoaJ, whether as conviate in prisons, patlents in 

hospitals, or inmates of cw eleemosyuary institutions, 

tith respect to the personal serrices of’ such persons. 

All such persons are In the custodial care of t&O State 

for tho good of the rard and the general public aa well. 

Vhere there is a specific statute with respect to such 

matter, it would oi oourse control, but l.u the abseaioe 

of such statute there fs neceesaril7 ImplIed, we thluk, 

the right of the State to the reasOzU%ble serviaes of such 

aards, not inconsistent uith or destructire of this wholesome custodial care. 

In Oplnlon so. o-d727 ze advised the Texas prison 

Soard that ltfth respeot to convict labor the policy of the 

State, as evidcmed by statuta, prohibits the use of aomiat 

labor for the benekit of private peraoue. 

In opinion so. O-4793 addressed to you, we adTlaed 

that there existed uo authority to perndt inmates of the 

Gateerille State School for lsofe to work for tire. 

In the course of that ophion we pointed out the 

reason tor this policy in the folioring vords: 

Wne, ii not the chiei eonaorn of the law 

is that Jureuiles coawdtted to the Trainlug School 

shall be under the. imrmediate supervfsion provided 

by law - that Is, of the ofiiaera ami pePsons 

named In the statutan. 
218 

Honorable ueaver fl. Baker - page 4. 

vClWlp, if' the inmates vere hired out 

to f'6nXXs to aafdst them in ;;athoring their 

orops, or in other fam work, at peek thea, 

or otherwise, the boys would hot be under 

the imediate aupervlaion of the oonatituted 

authorities for such period, but, on tht contrary, would be umder the iEPned.iate superviaion to aa 0Xtent of the farmer or farmera to 

whoa thay were Nred. The nerds of the Institution are not lhattels to be bartered, hired 

or loaned ior the aomenleme of the farmra 

or the convenieuco or profit te the Ytate. 

The~partLcular work mentioned * you may veil 

be n hafpful one in a worthy cause, and ot no 

hurt to the juveniles. But, grantiug the pever, there would be no atopplug place. onal? 

recogniaad to exist, the power could be emrciaed in says most dimaging and hurtful to the 

asrda.v 

Upon these oonsiderations your plau contemplated 

in Question 1 is out of bounds* Under such a plan the vat-d 

or imato would in legal essence be hired out aud under the 

control ct the employer, whether the ccmpenaetion be in 

~oncy ur othev kiud of propfxty. 

Your eccond suggcstc5 plan contaLnod in &eat&on 

3, hoveve2, i;oos not fall vithin the condomnation of the 

pcllcy of nowhiring out above ;Uacuased. As mutter of 

la-v, vc see no valid objection tr, the adoption of such II 

cash au5 carry plan, vhero suoh oupplLes are such aa ore 

authori2Xd to be purchased by the institution gtnmrallp. 

iq this plan to purchase and harvest, or prooeaa, there 

is no element of hiring: out the Btst0*s antis involved. 

Un the contrary, they are et 311 tines vitbin the aroper 

custodial care of the State authorities. 

WC think such a plan uay be adopted and carried 

out by the authorltiea in control of Our Dmutal institutioua, and likevise our elaevmafnerp and correctiousl 

schoola. As a policy or practieo it is not aoudesnnad by 

law, thou&h, of oourse, like rtlly other lavtil policy or 

practioe it light be subject to abuse. It is capable af 

vise use, sud oould result in considereble coonosy in 

these iustitutiona. 
219 

rionorable uearar ft. naker - page 6 

It must at all times be rmembered that the Stata*s 

policy in the nziintenanoe OS such inetitutione is not one OS 

proPit to the Stat0 in any respect, but rather for the beuesit of the patient or Imate, and that pereonal labor or serrice OP such patient or inmate is itself a part OS the correotional treatmeat or dare, aud ordiuarily should be roluutartly perf'ormed by the inmate. The ptWOrPlaaOe,aat~e md 

extent oP euclh labor fs such as reaeouably prudent 0SSiaiale 

under suoh circumstances would permit, haying due regard to 

the welfare OS the patient or other inmates. 

Iin ClOugh T. Torshaal, 74 8. w. 550, it was epwifleally held that no law or public polioy forbids the sorhing of 

an inmate of the state Lunatic3 Aaylpm outside the grounds of 

the institution, the aourt saying8 

.e + 0, Appellants insist that whenever a 

person is Sound iueaue by a proper aourt, aud 

coaud.tted to the asylum for restraint aud treatneat, it 16 aegligeuce per se Sor the wthoritiw in charge of such asylum to perndt suab 

person to leave the asylum grouuds. Ve~hate 

eareSully exaudued all of the statutory protisi.o~ beariug upon the subject, but we are 

unable to agree with this contention. Xt is 

true that, in order to adndt a person as au 

imate to an iusane aeylym, the cwrt must 

Pltxl that he is of uusouud mind, sad that it 

is necoeaary that ha shoald be placed under 

reatrdat, and the judgzaent of the aourt in 

such case is that he be oomeyed to the luuatie asylum for restraint &xi treatment. Rer. 

gt. 1895, aFta. 133, lR5. But we hare Sotmd 

no provision of' law uhich requires that such 

person &wit be ~ouf’lncd within the walls or 

upon the g~%lldsl OS such aaylym. In tU8 

case it will be noted that the insane persons uora not unrestrained at the time the 

injury 0c6urredr IS they had been permitted 

to leave the asylum or its grounds without 

any restraint uhatever, a differout questlOB 

would be presentedj but the question here presentedie Whether it la a violation oS legal 

duty to poradt such persons to lea~o the 

asylum premiaoe, even under restraint. There 
As no dlreot provioion of the law to this 

effeat, nor any prorision fraa rbioh such 

conalooion can be re%eonaEly inferred~ and, 

t&Is be&n& tho ease, 8~ ~omlude that ths 

Legislature only intemied that 6uqR person0 

should be reqtcalned, bnt that the duwaoter 

and extent of such restraint, and whetheir 

euah person0 should at all tines be confinal 

wiWin the grouxxio of the aaplum, 805 lef% 

to the dieoretion of the offlcialo upon 8hom 

the duty aemmd.~ 

A rrit of error to the $%lgment was rsfusod, and 

this is dooisilre as to ;UI ixmanS Topd. Por tnefl stroax#~ 

reasons the rule is the aam in respect ta wmie or in3wd8 not 80 fbfrimed. 

Our holding is not impelled by amy oomslderation 

of war a? Gth%i+ aueQp3niTy uhrrteoa+*. &aC%yg~ Oan not 

confer official power where none otbervlee adate. It only 

affords opporbunlty to cxeroiee a power already exieting. 

Trusting that what re hate held thns @mrall~ 

if3 5llfPloient to amroc your qpeetiome, 86 are