The Birmingham age-herald., 1907-05-04
TEACHERS CANNOT BE PAID FROM FUND Attorney General Garber Gives
 Out Opinion STATE MUST PAY MONEY Holds That Appropriation of $35oo to Boys Industrial School Does
 Not Apply for Four
 Years.
STATE MUST PAY MONEY

Montgomery, May -(Special)-Attor- ney General Garber today in an opinion to the governor holds that the teachers at the Boys Industrial school at East Lake cannot be paid out of the money ap- propriated for the inmates of that insti- tuition.
 The attorney general also holds that the state must pay SlO0 per annum to the in stitution for each inmate whether or not said inmate has paid his tuition or not.
 The attorney general is of the opinion that the act approved March 7 1907. dp- propriating $3500 for repairs, improve ments and supplies. does not apply for four years, but merely an appropriation of that amount out of the entire sum ] appropriated for the support and main tenance of the school for four years" His opinion in full is as follows, ad- dressed to the governor:
 You recently requested me verbally to advise you on the following questions
 l. Whether under the act of March r. 1907, pamphlet act 19Oz page 307. making an appropriation for the maintenance of the Alabama Industrial school for white boys for the years 1907, 19OS 1909 and 19lO the word "inmate,' as used in that act includes teachers of this institution for which the school may be paid $lOO per an mum.
 2 Whether the sum of S55CO appropri- ated in said act Is an appropriation for each of the four years named
 3. Whether the institution is entitled to he paid $100 per annum for the mainten- ance of inmates who pay annual tuition. I will proceed to answer your questions seriatim:
 Answers Questions.
 l. The word inmate" as used in that act does not, in my opinion, include teach CTS of the institution for whom the school may be paid $100 This institution was in- corporated hy a special act of the legis- lature. approved February 25, 1899 Gen eral Acts 1898 and 1899. page 15S). Section 6 provides, That 1t shall be the duty of said school, and it shall have the power. to receive care and provide for the welfare of white children, between the ages of 6 and 1S who by their cause of conduct or surroundings, are likely to become base or criminal. or hurtful to the state, or the best interests of society, to be committed to it's keeping by The pa rents or parent under the provision of this act. who may be voluntarily commit ted to it's keeping by the parents or pa rent, or person having them in charge. or who. having no parents, guardian or other person to care for them, voluntarily commit themselves to it's keeping. Sec ton provides for the commitment of such classes of children to the institution by the courts and judicial officers
 Section one and two of the act of March 2, 1907, are as follows:
 Sec. 1. That the sum of $2o0O0 per year Is Hereby appropriated out of any money in the state treasury. for the support and maintenance of the Alabama Indus trial school for white boys for each of the years 1907. 190s 1909 and 1910.
 May Draw Warrants.
 Sec 2 That the state auditor be. and he is hereby authorized and directed to draw his warrants on the state treasury Tn favor of the treasurer of the Alabama Industrial school for the payment in equally quarterly instalments of the sum hereby appropriated to the support and maintenance of said school for each of said years; provided, not more than S100 per annum shall be paid for the main tenance of each inmate of said school; provided, further. that of the above ap- propriation the sum of $35O0 may be used for repairs Improvements and supplies, in addition to the sum of $l00 for the maintenance of each inmate of said school.
 child included in one of the classes named in section or ' of the act of February 23d. 1S90 is an inmate of the institution in the sense in which this word is used in the act of March T. 1907, and it could not have been the intention of the legislature to refer to a teacher of the institution by use of the word 'in- mate
 ?. The sum of $350O appropriated In the act of March ', 1907, for repairs, i'm movements and supplies, is not an appro- priation for each of the years named in the act but merely an appropriation of that amount out of the entire sum ap- propriated for the support and mainten- ance of the school for four years.
 B. The institution is entitled to be paid s100 per annum for the maintenance of each inmate of the school, regardless of whether such inmate" pays annual tui- tion Nc other conclusion can be reached from the language employed in the act of March ', l907-"No more than $l00 per