2” ;h ‘Y OFFICE OF THE ATTORNEY GENERAL OF TEXAS 4 AUSTIN lioaarabldWaver B. Baker Ghairman, State Board of’Control Austin, Texas Pau rrakothe Sol for an opinion from this department, t(b- csuao of the mergenc7 ‘Of 8ar allap state Board of Gon- trol h&a enc tnixlag fresh meat 8 of the state of 08 pounds monthly. The big aquenm3, ve lnitiatsd a plan of and thus fw ve ham been n a reasonably satisfactory of nonq to tha State. o carry on tho program in the most eaonoml- unbent on U.U to obtain aa nawh reed stuff in the viobity of each institiutionthat could be gathered aJ s~lplsysos;md patients of our inatltutione’on a bisfe OS a perotstage of the orop to the owner and a peroentage to the institution suppying the labor, or an some other basis. r%inoe the eatabliehmfmtoi the eleemo~ e7stam, perhaps m$ of the aatual work performed on the grwnde, in the gydrjns, on the farms-ti doirJrhaa bea done b7 prrtient labor. 111 p8ycblatristoagree that proper17 superrised lnbor Pollreorsation aotually bemfit mpnJ patients mOc0thaa anf --. Uozuwable ~eaverD.Baker - peg82 other thing that mu be done for them. Ho patient or in- aate OP one OS our schools Is ever required to perf+om any lnbor against his will, although the mntal patients msy not logally be able to &ire eonsent, nmertheless they do km8 uhat they are do%ng sod enJOy the work. It is figured that 6 patients will do the uork of on% ordinary laborer, whhonthe7 ere proper17 Oared for b7 the emplogeee of the state; #The State Board of Control would liko very mmh to utllise, an soon as possible, aneihereafter, the employ- ees, patients and Innate5 Of Our aohoole, on garden and ag- rioultural laad6 ad)aoent or near eaoh Institution for the purpose or obtaining feed foe %omcatio livestock or food far persons in our custody on some basis of obtaining the fruits of their labor for the beuef'itOf the instltutlon. Will 70~1,therefore, adrise us ae followa~ s(1) Vould the Dootor-Superintexxlont of any aentsl hospital in Texas have the right to make an agreement with an owner of a fa5 or gar%ea mop, to harvest such crop, pith a share to the owner +d a share to the institutions,b7 use of pat&oat labor, mapesvlsedb7 regular17 employ& attendauts, uhere in the fuaslwnt of such DootorGuper%ntendent, eueh labor uould in Saot benat such patients aand f'urtha pro- vided that such aotion was taken by and vith the Oonsent of the %.ate Board of Control? m(2) IS you ansu%r the abwe inquiry in the af'fir``- tiw3, would the same rule apply to Superintezxltits of our elee- mosynary sohoola and correctionalschools uhere the inm%tQ popu- latlon Fa rithout mental defects? '(3) Where the Doctor-Buperintondeutof 6 mental in- stitution @ae of the opinion that it uould benefit patIenta, could auoh Doctor-Superlnten&3nt, by and uith the oonscmt OS the Board of Control, purchase an agrioultural orop 8%j8oent, or near euoh institution anb hsroest such crop, with patient labor, properly supervfeadb7 regular nttendauts, wkeu it was tho opition of suoh Doctor-3uperintemWmt that suoh labor rould prove of bfmefit to the patient? W(4) Ii you hare anr3rere4dqtlestioll 3 in the airma- tite, would the same rule apply to eleomosyuar7and oOrlWotiOn- 01 sohoola? *If neither oi the above policlos can be pursued as a mtter of law, do you kuo~ of'any lrethodor policy that aan be Ptilizui to effect the purposes set cut In the caption of this thquLrJrthst would not be +iolatire of the la*? 217 Eonorable Uewer 8. Baka - PorpO 3 OXariw of the faet that ~8 need to in- mediately begin to take action in this matter, if suoh can be done, because of the fact that many forage crops are aw matured, ~0 muld ap- jU'eoist0 JOPr WU’4 dtCillti0Bt0 these inqrdr- iw,. The prcblem rith which you are ccufrouted is quite im important one, and you are to be costineuded in seeking to work out It.8solution. Tour inquLry is general - that is, rith re- epect to the classes of iustl.tutionsaud not with r6- speot to auy particular institution - aud our auwer -1 be eOa0nlingly broad. / mere is lmolved in the coneiderationths gcueral polioy of the State rith respect to persons in her custoaJ, whether as conviate in prisons, patlents in hospitals, or inmates of cw eleemosyuaryinstitutions, tith respect to the personal serrices of’such persons. All such persons are In the custodial care of t&O State for tho good of the rard and the general public aa well. Vhere there is a specific statute with respect to such matter, it would oi oourse control, but l.uthe abseaioe of such statute there fs neceesaril7ImplIed, we thluk, the right of the State to the reasOzU%bleserviaes of such aards, not inconsistentuith or destructire of this whole- some custodial care. In Oplnlon so. o-d727 ze advised the Texas prison Soard that ltfthrespeot to convict labor the policy of the State, as evidcmed by statuta, prohibits the use of aomiat labor for the benekit of private peraoue. In opinion so. O-4793 addressed to you, we adTlaed that there existed uo authority to perndt inmates of the Gateerille State School for lsofeto work for tire. In the course of that ophion we pointed out the reason tor this policy in the folioring vords: Wne, ii not the chiei eonaorn of the law is that Jureuiles coawdtted to the Trainlug School shall be under the. imrmediate supervfsion provided by law - that Is, of the ofiiaera ami pePsons named In the statutan. 218 Honorable ueaver fl.Baker - page 4. vClWlp, if'the inmates vere hired out to f'6nXXs to aafdst them in ;;athoringtheir orops, or in other fam work, at peek thea, or otherwise, the boys would hot be under the imediate aupervlaionof the oonatituted authoritiesfor such period, but, on tht con- trary, would be umder the iEPned.iate supervia- ion to aa 0Xtent of the farmer or farmera to whoa thay were Nred. The nerds of the Insti- tution are not lhattels to be bartered, hired or loaned ior the aomenleme of the farmra or the convenieuco or profit te the Ytate. The~partLcularwork mentioned * you may veil be n hafpful one in a worthy cause, and ot no hurt to the juveniles. But, grantiug the pev- er, there would be no atopplug place. onal? recogniaad to exist, the power could be emr- ciaed in says most dimaging and hurtful to the asrda.v Upon these oonsiderationsyour plau contemplated in Question 1 is out of bounds* Under such a plan the vat-d or imato would in legal essence be hired out aud under the control ct the employer, whether the ccmpenaetionbe in ~oncy ur othev kiud of propfxty. Your eccond suggcstc5plan contaLnod in &eat&on 3, hoveve2, i;oosnot fall vithin the condomnation of the pcllcy of nowhiring out above ;Uacuased. As mutter of la-v,vc see no valid objection tr,the adoption of such II cash au5 carry plan, vhero suoh oupplLes are such aa ore authori2Xd to be purchased by the institutiongtnmrallp. iq this plan to purchase and harvest, or prooeaa, there is no element of hiring:out the Btst0*s antis involved. Un the contrary, they are et 311 tines vitbin the aroper custodial care of the State authorities. WC think such a plan uay be adopted and carried out by the authorltiea in control of Our Dmutal institu- tioua, and likevise our elaevmafnerpand correctiousl schoola. As a policy or practieo it is not aoudesnnad by other lavtil policy or law, thou&h, of oourse, like rtlly practioe it light be subject to abuse. It is capable af vise use, sud oould result in considereblecoonosy in these iustitutiona. 219 rionorable uearar ft. naker - page 6 It must at all times be rmembered that the Stata*s policy in the nziintenanoeOS such inetitutioneis not one OS proPit to the Stat0 in any respect, but rather for the beue- sit of the patient or Imate, and that pereonal labor or ser- rice OP such patient or inmate is itself a part OS the cor- reotional treatmeat or dare, aud ordiuarily should be roluu- tartly perf'ormed by the inmate. The ptWOrPlaaOe,aat~e md extent oP euclh labor fs such as reaeouably prudent 0SSiaiale under suoh circumstanceswould permit, haying due regard to the welfare OS the patient or other inmates. IinClOugh T. Torshaal,74 8. w. 550, it was epwifle- ally held that no law or public polioy forbids the sorhing of an inmate of the state Lunatic3Aaylpm outside the grounds of the institution, the aourt saying8 .e + 0, Appellants insist that whenever a person is Sound iueaue by a proper aourt, aud coaud.ttedto the asylum for restraint aud treat- neat, it 16 aegligeuce per se Sor the wthori- tiw in charge of such asylum to perndt suab person to leave the asylum grouuds. Ve~hate eareSully exaudued all of the statutory pro- tisi.o~ beariug upon the subject, but we are unable to agree with this contention. Xt is true that, in order to adndt a person as au imate to an iusane aeylym, the cwrt must Pltxlthat he is of uusouud mind, sad that it is necoeaary that ha shoald be placed under reatrdat, and the judgzaentof the aourt in such case is that he be oomeyed to the luua- tie asylum for restraint &xi treatment. Rer. gt. 1895, aFta. 133, lR5. But we hare Sotmd no provision of'law uhich requires that such person &wit be ~ouf’lncd within the walls or upon the g~%lldslOS such aaylym. In tU8 case it will be noted that the insane per- sons uora not unrestrainedat the time the injury 0c6urredr IS they had been permitted to leave the asylum or its grounds without any restraint uhatever, a differout questlOB would be presentedjbut the question here pre- sentedie Whether it la a violation oS legal duty to poradt such persons to lea~o the asylum premiaoe, even under restraint. There As no dlreot provioion of the law to this effeat, nor any prorision fraa rbioh such conalooion can be re%eonaEly inferred~ and, t&Is be&n& tho ease, 8~ ~omlude that ths Legislature only intemied that 6uqR person0 should be reqtcalned,bnt that the duwaoter and extent of such restraint, and whetheir euah person0 should at all tines be confinal wiWin the grouxxioof the aaplum, 805 lef% to the dieoretion of the offlcialo upon 8hom the duty aemmd.~ A rrit of error to the $%lgmentwas rsfusod, and this is dooisilreas to ;UIixmanS Topd. Por tneflstroax#~ reasons the rule is the aam in respect ta wmie or in- 3wd8 not 80 fbfrimed. Our holding is not impelled by amy oomslderation of war a? Gth%i+aueQp3niTyuhrrteoa+*. &aC%yg~ Oan not confer official power where none otbervlee adate. It only affords opporbunlty to cxeroiee a power already exieting. Trusting that what re hate held thns @mrall~ if35llfPloientto amroc your qpeetiome,86 are