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I have given this matter careful attention and have examined the Con stitution and statutory provisions defining the scope of such powers and duties.

You call my attention to the fact that the State Charities Law, in sec tions 9, 10, 12, 13 and 14, defines the general powers and duties of the State Board of Charities in reference to the supervision of charitable institutions, and that article 4 of the same law provides for the regulation of such institutions and creates the office of Fiscal Supervisor whose powers and duties are defined in section 42. You state that since these powers and duties are somewhat similar, "some of the managers of State charitable institutions are unable to determine definitely whether the Fiscal Supervisor's duties relate solely to the financial management and maintenance of such institutions, or besides financial control, include general supervision with its determination of policies, discipline and methods."

The title of the office which you hold would seem to indicate the scope of your powers and duties. You are the Fiscal Supervisor of State Charities. In respect to the fiscal affairs you are given great powers by the statute. Section 42 provides that you shall visit each of the institutions reporting to you, twice a year, examine into the conditions of all buildings, grounds and other property connected therewith, and into all matters “relating to its financial management," appointing, in your discretion, a person to examine the books, papers and accounts of any institution. You are re quired to report annually to the Legislature, including in this report estimates of the amounts required for the use of such institutions and the reasons therefor, and report more often to the Governor. Both reports must set forth the facts in regard to the condition of the buildings, grounds and property and the financial management of such institutions. In your semiannual report to the Governor, it is provided that you shall embody such suggestions "in regard to the financial management of such institutions" as you deem proper. Your power to have access to the grounds and buildings of such institutions and to examine books, papers, property and supplies of such institutions, and persons connected therewith, is specifically stated by this section to be for the purpose of examining the condition of the buildings and property and the matters relating to financial management. In other words, both in this section and in the other provisions of the statute defining your duties and powers, the intent of the Legislature is clearly evidenced to limit them to control and supervision over the buildings and grounds of the institutions and over their financial management.

I find no section of the law which would seem to give you any supervision over charitable institutions in respect to their policies, discipline or methods. The theory of the Constitution and of the statutes seems to be to confer this power upon the State Board of Charities.

It is, therefore, my opinion that there is no conflict in the duties imposed by law upon you and upon the State Board of Charities, and that your duties are, as the title to your office implies, limited to those of supervis ing the fiscal affairs of the institutions and the physical condition of their grounds and buildings.

Very respectfully,

EDWARD R. O'MALLEY,
Attorney-General

§ 43. Removals by governor. A fiscal supervisor of state charities or the superintendent or the steward of any institution subject to the provisions of this article, may be removed by the governor for cause, an opportunity having been given him to be heard in his defense.

§ 44. Fiscal year. The fiscal year of all state institutions reporting to the fiscal supervisor shall commence with the first day of October in each year, and close with the thirtieth day of September next succeeding; and the annual reports of such institutions, required by this chapter, shall be made for the fiscal year as herein named and copies thereof shall be filed with the state board of charities and fiscal supervisor on or before the first day of November in each year, and on or before the twentieth day of October in each year there shall be filed with the fiscal supervisor copies of the inventories of supplies for maintenance and property on hand at the close of the last fiscal year. The inventories shall

be made out upon forms prepared in compliance with this section by the fiscal supervisor. (As amended by chapter 149 of the Laws of 1909 and chapter 405 of the Laws of 1911.)

§ 45. Quarterly estimates of expenses; contingent fund. The superintendent or other managing officer of each of the state institutions reporting to the fiscal supervisor shall quarterly or monthly, and upon such day as the fiscal supervisor shall direct, cause to be prepared triplicate estimates, in such detail as may be required by the fiscal supervisor, of the expense required for the institution of which he has the supervision, for the ensuing quarter or month. He shall countersign. and submit two of such triplicates to the fiscal supervisor and retain the other to be placed on file in the office of the institution. The fiscal supervisor shall cause such estimate to be revised either as to quantity or quality of supplies and the estimated cost thereof, and shall certify that he has carefully examined the same and that the articles contained in such estimate, as revised and approved by him, are actually required for the use of the institution and shall thereupon present such estimate and certificate to the comptroller. Upon the revision and approval of such estimate the

comptroller shall authorize the board of managers, trustees or other managing officers of such institution to make draft on him as the money may be required for the purposes mentioned in such estimates, which draft shall be paid on his warrant out of the funds in the treasury of the state appropriated for the support of such institution. In every such estimate there shall be a sum named, not to exceed two hundred and twenty-five quarterly, or seventy-five dollars as a monthly contingent fund, for which a minute detailed statement shall be made. No expenditures shall be made from such contingent fund, except in case of actual emergency requiring immediate action, or except for such articles. as may be previously approved by the fiscal supervisor. The treasurer of any such institution shall pay no accounts unless they are contained in the estimate provided in this section and duly approved by the fiscal supervisor. Nor shall the treasurer of any such institution named or referred to in this section pay accounts for supplies furnished to officers or employees, unless the same be drawn from the ordinary supplies provided for the general use of the institution. No persons, other than the officers and employees of such institution, and the families of the superintendents, medical officers, adjutants, quartermasters or stewards, necessarily residing therein, shall be allowed room and maintenanec, except at a rate fixed by the state comptroller and the fiscal supervisor with the approval of the governor.

The superintendent of each of the state institutions reporting to the fiscal supervisor shall personally inspect and pass upon all articles abandoned for use, and report to the fiscal supervisor at such time and on such forms as may be directed by him.

Any general expenses necessarily and lawfully incurred by the fiscal supervisor for, or on account of one or more of the institutions reporting to him, shall be apportioned to such institution or institutions on the basis of the number of inmates, and included in the estimates of such institution or institutions in the manner provided by this section.

(As amended by chapter 149 of the Laws of 1909, chapter 9 of the Laws of 1911, chapter 663 of the Laws of 1913, and chapter 517 of the Laws of 1914.)

Attorney's fees in extradition proceedings for arrest and return of escaped inmates, a legitimate charge against contingent fund.

STATE OF NEW YORK,

ATTORNEY-GENERAL'S OFFICE,
ALBANY, January 21, 1909.

HION. CHARLES M. BISSELL, Fiscal Supervisor of State Charities, Albany, N. Y.:

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DEAR SIR. — Replying to your letter of the 7th instant, inclosing general fund voucher No. 140 for November, of the State Agricultural and Industrial School at Industry, for services of attorney at Hamilton, Ontario, in con ducting proceedings for the extradition of an escaped inmate of the institution, and in which you ask my opinion, (1) as to whether the charge is reasonable in amount; (2) as to whether it may lawfully be incurred by the institution, and (3) as to whether it may lawfully be paid from the contingent fund provided for in section 45 of the Charities Law, I beg to advise as follows:

Section 45 of the Charities Law, in speaking of the monthly estimate f expenses to be forwarded to you, provides:

"In every such estimate there shall be a sum named, not to exceed two hundred and fifty dollars, as a contingent fund, for which no detailed statement need be made. No expenditures shall be made from such contingent fund except in case of actual emergency, requiring im mediate action and which cannot be deferred without loss or danger to the institution or the inmates thereof."

It appears from the correspondence which you inclose that a boy by the name of Ray Voelker escaped from this institution on the 28th day of September, 1908, and returned to his home at Hamilton, Ontario; that he was located there and a warrant sent for his arrest, but that he refused to return unless compelled to do so by extradition proceedings. These appear to have been immediately instituted and papers secured and served upon the Canadian authorities, and proceedings were taken in the Dominion courts. Inasmuch as an officer of the institution was at Hamilton with a deputy sheriff of Monroe county, on large expense, he employed an attorney to prosecute the case, which he did successfully. It is the account of this attorney for these services about which you now ask my opinion.

In my judgment, the facts set forth above constitute a case of actual emergency, within the meaning of the statute above quoted, and payment of the expense so incurred may properly be made from the contingent fund.

Such expenditure, moreover, being merely incidental to the return of an escaped inmate, may, in my judgment, be lawfully incurred by this institu tion.

I am further of the opinion that the charge is reasonable in amount.
Very truly yours,
EDWARD R. O'MALLEY,

Attorney General

Items excluded from estimate, unless some unforeseen emergency occurs, can not be charged to contingent fund.- The statute should receive reasonable construction.

STATE OF NEW YORK,

ATTORNEY-GENERAL'S OFFICE,
ALBANY, April 23, 1909.

CHARLES BERNSTEIN, M. D., Superintendent, Rome State Custodial Asylum,
Rome, N. Y.:

DEAR SIR. — I acknowledge your letter of the 1st inst., in which you ask my opinion regarding a ruling of the fiscal supervisor's department upon certain expenditures made at the Rome State Custodial Asylum.

It appears from your letter that during September, 1907, when labor was very scarce, you were unable to secure female employees at $16 per month to properly supervise kitchen and dining room department and accordingly when there were three or four vacancies in that department, which had woman superexisted for some length of time, you arranged to place a visor at $35 per month and maintenance in charge of this department, paying for the same out of the contingent fund. This position was duly allowed by the Civil Service Commission. In the judgment of your board of managers and yourself, this supervisor was needed at that time to see that the food was properly prepared and especially properly distributed to the inmates at the About six hundred inmates are fed in various tables in the dining room. this room, who are idiots and imbeciles and if not closely supervised some get nearly all and others practically nothing.

In August and September you stated that you required extra eggs for These extra tuberculosis patients under prescription of the physician. eggs not allowed on the regular estimate, you charged to the contingent fund. You also enumerate several other items which were purchased and charged to this contingent fund. You state that you so purchased dishes when you were short of dishes and had to postpone the meals of some of the inmates until the dishes used by the others had been washed.

Another item shows purchases of material for sheets to put upon beds which were occupied by inmates and not supplied with sheeting, a condition which was brought to the attention of a part of your board of managers and an order made to remedy it at once.

In all these items you state that the board of managers of your institution approved the purchases and considered them proper charges against the contingent fund. The fiscal supervisor, however, refuses to approve them and you ask my opinion as to whether or not you are acting within the law in making these expenditures.

Section 45 of the State Charities Law provides that the superintendent or other managing officer of each of the State charitable institutions shall each month cause to be prepared estimates of the expenses required for the institution for the ensuing month. He shall countersign and submit two copies of these estimates to the fiscal supervisor and retain the other.

"The fiscal supervisor may cause such estimates to be revised either as to quantity or quality of supplies and the estimated cost thereof, and shall certify that he has carefully examined the same and that the articles contained in such estimate, as approved or revised by him,

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