Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-02
ATTORNEY GEN.
Renders Opinion on Cues :
ton Of State Auditor.
Payment Of Public Officers and
Employees" at|nsane Hospitals.
The Full Text Of the Opinion Is
Given Herewith.

Given Herewith.
Attorney General Hannibal e. Ham
lin of Ellsworth has Just rendered an
opinion upon a matter which will be
Of general interest Throughout the
State. 1t will be remembered thai n
August, 1907, State Auditor Hatch adj
dressed 4 letter to Mr.. Hamlin relative
to TIE payment of salaries at the in
sane hospitals of the State, in which
he said:
Hon. Hannibal L. Hamlin. Attorney
General Of Maine, Ellsworth. Me.
Sir:-Upon the following brief state
ment and question submitted, the
auditor respectfully requests an
opinion from the Attorney General.
1t has been the practice heretofore
to pay the salaries of superintendent,
four assistants, the steward and treas
urer. chaplain and natron of the in
sane hospitals from the appropriation
for Salary OF public officers"
Both the Maine Insane Hospital and
the Eastern Maine Insane Hospital
have appropriations for their current
expenses.
Section twenty, of chapter two. of
til. Revised Statutes, provides that
Money appropriated for the various
branches of expenditure in the public
servic" shall be applied solely to the
object for which the appropriation is
made"
Question: In your opinion can it be
lawfully maintained that such persons
are public officers" and thus entitled
to receive their compensation from
the appropriation for salary of pub
lie officers" or are they simply en-
ployecs. and entitled to their COM
pensation only from the specific APP
preparation for the maintenance Of
each institution?
Very respectfully,
CHARLES r. HATCH,
state Auditor.
Replying to Mr.. Hatch's letter the
attorney general gives it as his opinion
that such payment can be made as
within the spirit and intent of our ex-
listing laws. He has taken up the de-
tails OF the question very thoroughly,
going back to the days of the establish
ment of the institution for the care for
the insane. The text of the letter is
very interesting, and is given below.
Augusta, Nc, Dec. Goth. 1907.
Hon. Charles p. Hatch, State Auditor,
Augusta, Maine.
Dear Sir:-Relative to your inquiry
of this department which practically is
whether or not the payment Of the
Salaries of the superintendent, four
=. ~ ,tc Hn t,ff ND frn
chaplain and matron" of the insane
hospital can be made from the appro-
priation for SALARIES of public
officers l have the honor to report as
follows: 1t is my opinion that such
payment can be made as within the
spirit and intent of our existing laws.
In your communication to this de-
partneut you say 1T has been the
practice heretofore to pay the salaries
Of superintendent, four assistants
the steward and treasurer, chaplain
and Inatron OF the insane hospitals
from the appropriation for Salary OF
public officers
You further call our attention to Sec
ton 20 of Chapter 2, of the Revised
Statutes, which provides that, Money
appropriated for the various branches
Of expenditure in the public service
shall be applied solely to the object for
which the appropriation is made"
You further ask if such persons
(meaning the superintendent, four as
sistants, the steward and treasurer
chaplain and matron of the insane
hospitals above referred TOD ARE pub.
lie officers and thus entitled to re-
ceive their compensation from the APP
preparation for SALARY of public
officers, or are they simply employees
and entitled to their compensation only
from the specific appropriation for the
| maintenance of each institution"
The term public officer" is used in
| the statutes sometimes in a narrow and
sometimes in 4 very broad sense
Much. therefore. may depend in con-
STRUNG the meaning of these words
upon all of the facts and circumstances
| surrounding each case including vari-
| GUS statutes which may have beer
passed relating to the same.
In the present instance, therefore, the
substance of your inquiry. we assume
| is not whether the persons in question
may be regarded as public officers fol
| al! purposes in connection with any
and dill laws and public officers within
| the narrowest and most technical def
| nitioa of the same, but whether tn,
| persons i'll question are such officers
as may be paid out of the appropria-
ton for the SALARY of public officers.
This department has made such ex.
animation IS time will permit and has
attempted to run over legislation with
| reference to the insane hospitals from
| the earliest date. In this connection
| We call your attention to some of the
folio wing legislative and historical
facts:
The Resolves of 1886, Chapter so. au-
! thorizcd the appointment of an agent
| who under the direction of the COVER
nor and council, should make con-
tracts for material and superntend