Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-08-07
STATE HOUSE,
Attorney General Wilson
Gives Opinion as to Rules
And Regulations Of Insane Hos
pltaI Also Duties Of Officers.
y~k
Fish Hatchery, Camden. Prosecu.
lion for illegal Possession Of 2 Deer.
STATE HOUSE CALENDAR.
Regular Meeting of Governor and
Council, Friday, Aug. %, 1918, 10 A. M.


subject of controversy. 1t will also
oe remembered that Treasurer
campbell claimed they were not, and
hat therefore he was not bound by
hem.
In response to a letter from Mrs
laura l.. Cony, secretary of the in
sane hospital trustees, Attorney Gen
raj Wilson expresses his opinion
lie says:
Il note that the rules. as printed,
we're adopted June 8. 1893. and I'M
ess they were adopted by the hospi
al trustees created under Chapter
81 of the laws of 1911, | should con
slider il advisable for that board ~
fe-enact them, or a new set. IT,
beard which adopted them having
been abolished and a new board ere
tied. it would seem that the by
laws of the old board would have M
effect upon the new one, unless you
adopt them.
AS to in what particulars they
re in variance with the statutes, af-
er an examination of them, | would
make the suggestion that in the third
paragraph under the title Trustees
he words and quarterly be added
tfter the word monthly in the first
line.
This is not variance, but the
statute seems to provide for month
visiting committee and a quarter
ly visiting committee.
In the fourth paragraph under the
heading Trustees il provides that the
trustees shall appoint the resident
Ulcers, and suspend or remove them.
Fhe resident officers are then de-
lned as including the superintendent,
steward and treasurer. The stat
utes, however, provide that the
steward, superintendent and treasur-
er shall hold office during the pleas
ure of the Governor and Council. and,
therefore, could not be suspended Or
removed by the trustees. 1T seems
TO me that this paragraph and all
hat is contained under the heading
If Resident officers should be le
vised and separate provision made
or the appointment of superinten-
lent and steward. Other officers
necessary for the economic and ef
tictent management of the institution
may be appointed by the trustees.
which would | presume include an
assistant physician and the matron
and chaplain. and other officers If
you have them. and no doubt may be
removed by the trustees.
In the third paragraph under tho
heading Superintendent. it provides
hat he shall nominate the resident
officers who have previously been
letined as including the superinten
dent himself. The board would he
he better judge whether it is ad
visable to have the superintendent
nominate the steward in order that
there may be harmony in the man
lgement of the institution. This
paragraph also provides that the
superintendent shall appoint the
subordinate officers and employees
Just what that includes ! do no.
know, but the statute requires that
the trustees shall appoint all other
officers necessary for the efficient aud
economic management of the business
Of the institution | think, under the
statutes, the trustees might author
ize the superintendent to employ help
and discharge il, but do not think
they could delegate to him wholly the
appointment of officials which come
within the language above quoted.
In the fourth paragraph under
Superintendent he is authorized to
discharge any subordinate officer and
for sufficient cause may suspend a
resident officer Under the rules in
question this would include the
steward, and / think it doubtful if
that power could be given him under
the present statutes. OF course he
would be authorized to discharge or
suspend any subordinate employe
that he was authorized to hire or 10
appoint. 1t is doubtful however
whether the trustees could authorize
him to remove an official which they
are required to appoint under the
statutes. A suspension of such Of
fieer might be authorized except, /
think, in the case of a steward over
whom the trustees have no power as
to removal.
There seems to be nothing objec-
tionable under the title steward and
treasurer, although the statute seems
to impose more duties upon the stew
ard than are included in the bylaws,
which is of course unobjectionahle,
as the statutes are the first source OF
his authority. Under Section IL o.
Chapter IA of the Revised Statutes
the steward is made the purchasing
agent of all necessary supplies anu
provisions and he is required to hlre
lahorers and see to the proper cult
walton of the farm and grounds, etc.
All this is to be done under the dlrec-
ton of the superintendent and trus-
tees. While these acts must De
done by him. he is always subject to
their direction and could not set up
his Judgment on any question against
theirs.
IN reply to the question of Dr.
Gordon in a letter to me, | THINK tie
statutes do deprive the board OF trus-
tees and superintendent from bar
gaining for articles and directing tfe
treasurer to pay for them, to put 1t in
his language; because under the
statute the treasurer seems to be the
only one with authority to do~~-the
bargaining. The board Of trustees.