The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-06-21
THURSDAY.

ATTORNEY GENERALS DEPARTMENT.
Acknowledgement Templeton has
answered the inquiry of DR.. Denton,
superintendent of the lunatic asylum,
as to the legality of the action of the
and then Vacating his (Denton'S) APP
pointmentS of an assistant Superin-
tendent and other officers of the asy-
lum, as far as the board could do so
by resolutions. The appointments
vacant June l.
The attorney general rules that
prior to the 14th of April the board
had the power, under act of the Eigh-
tenth legislature, exercised by it on
the first day of June, by force of the
express terms OF the statute, citing
article " of the revised statutes,
which among other things recites that
the board shall have power (third
proyision) ''to discharge at pleasure
any officer, employee or patient in the
asylum, except the superintendent"
This gives the power of discharge
to be exercised at pleasure.
Notwithstanding the fact that the
resolution of the board in form de-
clares the offices vacant, it in effect
discharges and dismisses all the Off
GERS of the asylum except the super
intendent.
Also does this power to discharge the
officers and employs survive and re-
main in the board since April IA,
when article 72, along with others
relative to the asylum, was amended
so as to read Getting the provisions):
third provision, ITO discharge upon
the recommendation of the superin-
tendent any officer" etc; fourth, up
on the nomination of the superin-
tendent to appoint the assistant ply
sician," etc.
Some additional powers are con-
ferred on the board by the amended
law, but the power to discharge the
employees of the asylum is undoubt-
eddy taken from it. 1t must be the
concurrent action of the superinten-
dent and the board. He recommends
the discharge and the board dis
charges. Such are the plain pro-
visions of the law governing IN the
case.
The decision of the attorney gen.
eral going further says: In the mat
ter of the removal from his Office, it
would seem that the board now has
more powers as to the superintendent
than as to any subordinate officer,
servant or employee in the service of
the government at the asylum, for it
is expressly authorized to remove
him. The power that was vested in
the governor is now vested in the
board by article 20, as amended.
The board is relieved from taking
the initiative or acting alone in the
important matter of removing the
subordinate officers and employees.
The superintendent, whose daily
duties bring him in daily contact
with those under his control, so as to
Judge of their competency, must now
inaugurate their dismissal from the
service.
The attorney general concludes by
saying that he thinks the resolution
of the board was an honestly mis-
taken conception of its duty and au-
thority.
STATE DEPARTMENT.
The charter of the city. railroad
company of GAINESVILLE, Cooke county,
capital stock $4,000, was filed yester-
day in the office of the secretary of
state.
CoMPTROLLER'S DEPARTMENT.
Neall Robinson, collector of Fay
cite county, settled his accounts in
full for the year 1882. The sales Of
property for non-payment of taxes
are light. The collections of the poll
tax is about the best reported.
John Rhinehart, of Kendall county,
also makes very satisfactory returns
of his collections. He performed the
wonderful feat of making his collec-
lions without having a single piece
of property bought by the state.
Sunday School Convention.
The State Baptist Sunday school
convention will convene in the Bap-
fist church here on the 10Th of July
next. A very large delegation is eX-
pocfod RI no in atfpn6anco