Montour American. (Danville, Pa.) 1866-1920, 1905-07-27
CAN'T EXCEED
STATE LIMIT

Attorney General Carson. Saturday
morning rendered an opinion in which
he 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 if the
amount appropriated by the Legislat-
ure is not sufficient to erect buildings
of the type desired. The opinion is
addressed to Evans q Dettrs, Of Nor
ristown. who raised the point on be-
half of the trustees of the State asy-
lum at that place
The amount approprated-the bill
was the measure introduced personal
ly by Chairman of the appropriations
Committee Plummer-is $40, 900, the
buildings to be erected after the plans
and specifications on file in the office
of Auditor General Snyder at the time
of the massage of the act.
:. When the bids were opened it was
found that not one of them came with
in the so, 900 limit. The lowest was
SO, 600 i'll 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 we're made with the de-
eir Of hrfn hn nf 20
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 what
ever to perform under the act of the
insutficiency of the appropriation for
the purpose specified.
l reply that this is a delicate ques
tion and only the gravity of the situa
tion aud the imperative necessity for
new buildings would justify a devia
tion from the very explicit language
of the act making the appropriation.
A similar question has arisen at Dan
Vile, and in a conference with the
trustees and the Auditor General, held
at this department last week, | 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 tireproof construc.
tion, consisting largely of concrete.
and certify that the amount of wood
necessarily involved in said construc-
tion would not interfere with the fire.
proof character of the buildings, prac-
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 1
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
planned. 1t must be OBJ !
served that there is nothing whatever
in the act which requires the build |
ings to be of corrugated iron. The
main requirements are that the temp
orary wards shall be fire proof, one
story in height we'll 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 in the office
of the Auditor General" bat 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-
fOrmauce of the impossible, and there |
is a long line of decisions that where,
for any reason, it is physically i'm |
possible to comply strictly with the
directory part of statute, that por-
ton may be ignored so long as the
primary intention of the Legislature
is carried out and substantial com.
plianCe 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
tically fire 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.
Business rlen'S Quot Club.