When the transfer is made from the school fund to the general fund, the same is credited to the general fund as a part of the receipts or income of the general fund for the particular fiscal year, and is not, and in my judgment cannot, be properly credited back to the printing fund or general contingent fund. However, under the statute, I cannot see any escape from the conclusion that the printing fund or general contingent fund is to be out the amount of this expense, which, with the exception of the interest on the warrants, is ultimately gained by the general fund.

The Enabling Act grants to the state of Colorado certain sections of land in each township, to be disposed of in the manner therein provided, the proceeds to constitute a permanent school fund, and the interest only to be expended in the support of common schools.

Sections 7 and 14, Enabling Act; 18 U. S.
Stats. at Large, 474.

The Constitution of this state contains the following provisions:

* * The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the state shall be judiciously located and carefully preserved and held in trust subject to disposal, for the use and benefit of the respective objects for which said grants of land were made; and the general assembly shall provide for the sale of said lands from time to time; and for the faithful application of the proceeds thereof in accordance with the terms of said grants."

Section 10, Article IX.

"The public school fund of the state shall forever remain inviolate and intact; the interest thereon only shall be expended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any

other fund, or used or appropriated except as vided. *

Section 3, Article IX.

herein pro

In my judgment the expense incurred in preparing and printing such blank forms, registers and books as may be necessary to enable the teachers and officers charged with the administration of the laws relating to public schools, to properly discharge their duties, is an expense which may be properly paid out of a trust fund created for the support and maintenance of common schools. If, therefore, the expense is a proper charge against the public school fund, as I believe it is, and said warrants might, in the first instance, with proper legislative authority, be drawn directly against said school fund for the payment of such expense, I cannot see any legal objection to the present cumbersome method provided by the statute for meeting this expense, namely, that of paying the expense in the first instance out of the printing fund and afterwards reimbursing the state or general fund for the amount of this expense, less interest, out of the school fund.

The last above quoted section of the Constitution declares that no part of the public school fund shall be transferred to any other fund, or used or appropriated, except as therein provided. In my judgment the said statute authorizes a lawful use of the school fund, the same being for the support and maintenance of the common schools, and does not, therefore, amount to such a transfer as is forbidden by the Constitution. The transfer which is forbidden by the Constitution is such a transfer as will amount to a use or appropriation or diversion of the fund for some purpose other than the support and maintenance of the common schools. The transfer which is authorized by the statute is by way of an indirect payment of a lawful

expense properly chargeable to said fund, and is not a diversion of the fund to a purpose foreign to the trust. Respectfully,

The State Board of Inspection Commissioners has no authority to appoint stock inspectors in excess of the number prescribed by the Statute. And neither such board nor the regularly appointed cattle inspectors can appoint deputies or assistants and clothe them with the necessary authority to carry out the provisions of the stock inspection law.

A. J. WALDRON,

State of Colorado,

Attorney General's Office.

Denver, Colorado, May 18, 1899.

Secretary of the State Board of Inspection
Commissioners,

Denver, Colorado.

Dear Sir: I am in receipt of your letter of May 13th, enclosing a resolution adopted by your board in regard to the employment of stock inspectors. In reply thereto I have the honor to submit the following:

The preamble of said resolution states that the requirements of the law passed by the Twelfth General Assembly, known as Senate Bill 114, will make it necessary to employ at certain seasons of the year a greater number of stock inspectors than the ten provided for by the statutes. The question raised by the resolution and by your letter, upon which you ask for an official opinion, is, whether or not the State Board of Inspection Commissioners has authority, under the law, to appoint a greater number of stock inspectors than ten, or whether it has authority to employ deputies or assistants for said inspectors, provided at all times it keeps within the limits of the fund provided for the payment of the salaries of said inspectors?

The act of 1879, upon this subject, provides as follows:

"It shall be the duty of said board to employ competent cattle inspectors, not to exceed six in number at any one time, and to distribute them at such points, either within or without the boundaries of the state, as will in their judgment most effectually prevent the illegal slaughtering or shipping of cattle.

*

Session Laws of 1879, page 179, Section 21.

The act of 1881 amends the above provision in regard to the number of inspectors, and provides that the board shall employ inspectors not exceeding eight in number at any one time.

Session Laws of 1881, page 235, Section 20.

By the act of 1885 this provision was again amended as to the number of inspectors, and by that act it was provided that it should be the duty of said board to employ inspectors not exceeding ten in number at any one time.

Session Laws of 1885, page 337, Section 2. 2 M. A. S., Section 4233.

It is provided by section 4234, Mills' Annotated Statutes, that there shall be levied and assessed each year upon all the taxable property of the state, onefifteenth of a mill on each dollar of valuation, to provide for the payment of the expense incurred in the inspection of stock.

Section 4233, above referred to, provides that the stock inspectors appointed by the board thereunder shall receive for their services not to exceed the sum of one hundred dollars per month during the time of their actual service. You state in your communication that the sum of twelve thousand dollars is the sum set apart for the payment of expenses of said inspection. I assume that these figures, being the same as those mentioned in the resolution of your board referred to, are arrived at by an estimate of the amount which may be expected to be produced by the one-fifteenth of one mill tax, provided for by the statute.

The law passed by the Twelfth General Assembly, referred to above as Senate Bill 114, makes it the duty of all owners of cattle and horses who propose to move such stock out of this state, to hold the same at some convenient place for inspection, and requires all persons having in charge any such stock destined to be moved out of the state, to make application either to the State Board or to a regularly authorized inspector, to have such stock inspected, naming in said notice a time and place where the stock may be found for that purpose. The law also provides that the inspector who is regularly applied to by such owner, or in case the application is made to the Board of Commissioners, the inspector who is by them designated for that particular work, shall make an inspection of the brands and marks of such stock, and provide the owners or carriers of such stock with a certificate signed by himself; and also provides that such inspector shall make a report of the result of such inspection, under oath, to the secretary of the State Board of Inspection Commissioners at least once in thirty days, and oftener if required by said secretary so to do.