Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1905-07-28
CAN'T EXCEED
STATE LIMIT

Attorney General Carson. Saturday
morning rendered an opi nion in which
lie says that the duty of the State Is
to increase its accommodations for the
care Of the insane, even at the expense
Of protective construction IL the
amount appropriated by the LeRislat.
ure is not sufficient to erect buildings
Of the type desired. TIE opinion Is
addressed to Evans a Dettrs. Of Nor.
fistoxn. who raised the point on be-
half OF the trustees of the State asy.
Inn at that place.
The atnount appropriated bill
was the measure introduced personal.
ly bg Chairman of the Appropriation
Commitgee Plummer-is $40, 600. the
buildings to be erected after the plans
and speci iioations on file in the office
of Auditor General Snyder Mt the time
of the passaRe of the act.
= When the bids were opened 10 was
found that not one of them came with
in the s70, 600 limit. The lowest was
$40, 900 in excess of the appropriation,
After this discovery no award was
made aud revised plans were drawn by
the architect in which wood was sub
stituted for corrugated iron. Some
other changes were male with the de-
sign of bringing the amount of the
contract price within the appropria-
tion.
Mr.. Carson replies:
You ask whether the trustees would
be justified in adopting the changed
plans, whereby the cost could be
brought within the amount OF the ap-
preparation. and you ask further wheth-
er. If the trustees are not justified in
so doing, they have any duties-w hat
ever to perform under the act Of the
insufficiency of the appropriation for
the purpose specified.
l reply that this Is delicate ques-
tion and only the gravity of the situs-
tion and the imperative necessity for
new buildings would justify devia-
tion from the very explicit language
of the act making the appropriation.
A similar question has arisen at Dan.
vile, and in conference with the
trustees and the Auditor General, held
at this department last week, l sug-
gested that the architect who drew
the first plans, which are placed on
file in the office of the Auditor Gen.
eral, should be consulted, and that If
he could prepare new plans providing
for a practically fireproof construc.
tion. consisting largely of concrete.
and certify that the amount of wood
necessarily involved in said oonstruc-
proof character of the buildings. prsc-
ticsily considered. then it would seem
to me that the requirements of the act
were substantially complied with. 1t
must be borne in mind that the chief
object sought to be remedied by this
legislation is the scandalously crowd
ed condition of these hospitals, aud it
would be sticking in the bark to deny
relief to the unfortunate inmates be-
cause the appropriation made for this
purpose proved to be inadequate to
cover the expenses of the buildings as
originally planned. 1t must be OBJ
served that there is nothing whatever
in the act which requires the build
iugs to be of corrugated iron. The
main requirements are that the temp
orary wards shall be fire-proof, one
story in height well lighted, properly
heated and ventilated, with all modern
sanitary appliances and arrange
ments
1t is true that the further statement
is made according to plans and
specifications now on file i'll the office
of the Auditor General" but to give
a controlling operation to this portion
of the statute would be to defeat the
main purpose of the law. The statute
must control the plan and not the plan
the statute. The statute cannot be
changed. the plan can be changed. The
law certainly does not require the per-
formance of the impossible, and there
is long line of decisions that where,
for any reason, it is physically i'm
possible to comply strictly with the
directory part of a statute, that por
tion may be ignored so long as the
primary intention of the Legislature
is carried out and substantial com.
plance is practicable.
Hence. in my opinion. the sensible
and proper thing to do is to have the
architect modify the plans, requiring
him, however, to certify that, in his
Judgment, the new plan is of prac
ticslly re-proof construction. This
being SO. the duty remains upon the
trustees to carry out the terms of the
statute so that its beneficent purpose
may not be defeated.