Norwich bulletin., 1914-05-11
DOES NOT APPLY TO
 COUNTY AGENT LINCOLN
He Is Not Under Civil Service. Says
 Attorney General Light.

Attorney General John H. Light has handed down a sequel to his opinion of Wednesday, in which he held that the state normal schools are not in cluded in the classified lists of the civil service commission, by assuring President Charles L. Beach of the Connecticut Agricultural college that employees of that institution do not come under the rulings of the commis- sion. The question was raised in con- nection with the appointment of Mur- ray D. Lincoln as agricultural advisor and was regarding the standing of MT. Lincoln under the law. The attorney general repeats his assertion of Wed- nesday that the civil service law should not apply here as the spells system which it was intended to remedy was never in force at the institution. His opinion follows:
 President Charles L. Beach, Connecti-
 cut Agricultural College. Storrs,
 Connecticut.
 Dear Sir: have your favor in which you say:
 "The trustees of the Connecticut Agricultural college are empowered to appoint and remove managers and teachers (Section 1895, Revised Sta tutes 1902.)
 "The trustees receive funds from port of the college from which the salaries of the faculty are paid. Are the members of the faculty subject as to their appointment to the pro- visions of the state civil service law?
 ''The New London County Improve ment Association Qncorporated) and the trustees of the Connecticut Agri- cultural college have jointly engaged Murray D. Lincoln as agricultural ad- visor at salary of s1,200 per year.
 Tn your opinion, is MT. Lincoln an employe of the state and subject to | the conditions s0f the state civil ser vice law ?"
 It appears of record that the Con necticut Agricultural college was first established. under the name of the Storrs Agricultural school, as a pri- vate enterprise, and that it was after ward GssD taken over by the state and placed in the hands of board of trustees empowered to hold in be- half of the state such lands, money and other property, as may be donated for the purpose of maintaining said college. The board of trustees is re- quired to apply all funds for the sup port of the college, and to appoint and remove managers and teachers, prescribe the studies and exercises of the pupils rules for it's management, and for the admission of pupils. In short, the board of trustees has all power and responsibility for the suc- cessful conduct of the college, and it l is safe to say that managers and teachers have always been employed 1 on the sole basis of proven ability and 1 efficiency, uninfiuenced by political consideration. Therefore, the evils of | the spells system. which the civil ser vice act was intended to suppress, | never existed in the college, and for | that reason conditions there could not have been considered when the legis- | lature enacted the civil service law. l It has been held that which is not
 in the purpose or meaning. nor with l in the mischief to be remedied is not 1 included in the statute. even though
 1t be kithin the letter. (Taylor against | McGill, Lea 294)
 l find no express or implied power l in our statute extending it's provi- sionus to the Connecticut Agricultural
 college.
 1 Therefore, I am of the opinion that
 the appointment of MT. Lincoln as ag- l ricultural advisor is not subject to the conditions of the state civil service 1 law. Yours very truly
 | JOHN H. LIGHT | Attorney General