Case Information
*1 Dear bvsr~or:
Ret The authority to give pemia~loa to 011% jo m&m a nproduotlon of "Dawa 012 tll% Aluno," a pdntin(s now Ia tti Sonata Obmnbor.
we be g to l ohowledg. rear1pt of your letter of July 16, 1941, making thefollDwlllginquIryr
"The questloa artmthe ourtody aad oontml of @mtinga ia the soaat4 irem quently m,rbsr, aad I mu parbloukrly mmindod oi mmerout inquirea ati re- querta whloh oar@ totb Uenteennial WmIrrIon of Control during ltr oxI&- en00*
"1 have R requwmt now for pelmirrlon to III&O a rsproduotlon-of the *m On the ALarno," which burgs in the Senate Chawker, aad I whall appreolite an opiniw from you as to Mm proper perroa or perrorPm~authorised to give aaoh perluisrion.”
Artiols 665 of the Revbed Civil Statutea, 1926, deolare8: "The State Board of Controlshallhavo ohargo aad oontrol . . . of all publlo personal properky, and la oharged withthe reapon8iblllty to properly oara loraad proteot mmhproper@ fromdamaga,iatruelon 01 improperuaaga, . . .”
‘m pre not advised aa to the nmtwr of aoqulaitlon ti the State o? this OanvwIl -- that In, whether By donatioa or by pumbaae# neither are we advised aB ta whether tha State was nominal dome or pnrohaser of the pointing or whether the apparent title, whether by donation or purohaae, wan to the Senate.
Howwwr them thIngs myr be, in awy evwat the paintiag 1% public propertis - the property of the State - evea though It 1s dentined +a u%e by the ssnate. 1
The fngislature is authorlead to oreate and to reorePta or oha8ge trmtesw, fiduoiaries or oustodirns of State pperby. (tinder P. Vioto- rla County, 131 S& 821).
Honorable Coke Stevenson - page 2 (O-3768)
YOG are, therefore, respectfilly advised It is the opinion of this DepPrtment that permission to reproduoe the pPinting "Dawn on the Alem* now in the &mats Chamber should be obtained fromthe Board of Control.
m might add of oouree If the &mats were Ia s-wsion, even the Board of Control would have no authorIty,'aog wxld it attempt to oWoi89 &uoh kuth- orlty, to gIm pemdeeion to do naything in fhle oonneotlonthat would in my- tins interfere with tb Senate In its superior rights d enjoyment to the uee of the Senate Chmber cuad Ifs rppurtenpnoee~
IFa need hardly to add that if the pDinting is copyrighted, the omer of the rights; would not lm prejudioed by any mnsent given by the Board.
Trusting that this will be sufficient emwer to your inquiry,- are
Very truly yours AZ- QENEML OF 'ZUS By /s/ Oole Sp-aer Ooie Spear Amistalrt AFFRovED JULY 22, 1941
/s/Grover Soilers
FIR8T A8SISWLBT
ATl' ORIBY GEM-
APPROVED OPINIOIJ COMMITTEE BYBWB. CHAm