law; nor shall the whole amount drawn for or paid under one head ever exceed the amount appropriated by law for that purpose." 1 M. A. S., Section 1827. The appropriation for the payment of scalp bounties for the fiscal years 1895 and 1896 having been exhausted by warrants drawn for that purpose, you cannot draw any additional warrants in payment of scalp bounties for those years. In view of the conclusion at which I have arrived, it is unnecessary to determine whether or not scalp bounties for the years 1897 and 1898 could be paid out of the scalp bounty fund created from the revenues of the fiscal years 1899 and 1900, provided that fund had been appropriated for that purpose. Yours respectfully, D. M. CAMPBELL, Attorney General. By CALVIN E. REED, Assistant. To HON. GEORGE W. TEMPLE, Capitol Building, City. IN RE INTEREST ON PUBLIC SCHOOL FUND. Interest accruing upon the Public School Fund in the hands of the State Treasurer, belongs to that fund and cannot be transferred to any other fund. State of Colorado, Denver, Colorado, October 21, 1899. HON. CHARLES S. THOMAS, Governor of the State of Colorado, Denver, Colorado: Dear Sir-I am in receipt of your favor of the present date in reference to the question of the proper disposition to be made of the interest accruing upon the Public School Fund in the hands of the State Treasurer. I quote therefrom as follows: "The committee appointed to examine the books of the Treasurer reports the accounts in good condition, but calls my attention to the fact that the interest upon the School Fund is paid by the Treasurer into the General Revenue, and used for the purpose of meeting appropriations upon that fund. It is my opinion, without having examined into the question, that interest upon this fund is an income from it, which under the organic act and the statutes should be paid into the Income School Fund and not into the General Revenue Fund." In reply thereto I have the honor to submit the following: On March 10, 1899, I rendered an opinion in response to a request from Hon. H. H. Seldomridge, Chairman of the Senate Finance Committee of the Twelfth General Assembly, covering the whole question of the disposition of interest accruing upon the different funds in the hands of the State Treasurer. In that opinion I reached the conclusion that interest accruing upon the Public School Fund belongs to that fund. I quote from said opinion as follows: "Under the several Acts of Congress and the Constitution of this State, the interest received from the Public School Fund, must be expended in the support and maintenance of the common schools of this State, and no part of that fund, principal or interest, can be used or appropriated for any other purpose or transferred to any other fund. Section 7, Enabling Act; U. S. Stats. At U. S. Stats. At Large, 1883-1884, Chapter Sections 3, 5 and 10, Article IX, Constitution. In my opinion, it is the imperative duty of the State Treasurer to credit all such interest moneys to the Public School Income Fund." Inasmuch as that opinion was deemed to fully cover the subject there treated, and dealt with his official duties, a copy thereof was on that date delivered to Hon. John H. Fesler, Treasurer of the State of Colorado, for his information and convenience, and will doubtless be found on file in his office. Respectfully, D. M. CAMPBELL, Attorney General. By DAN B. CAREY, Assistant. IN RE ARMORY FOR THE NATIONAL GUARD OF COLORADO. The Governor of the State of Colorado is authorized, under the Statutes, to rent an armory for the use of the National Guard of Colorado. State of Colorado, Attorney General's Office. Denver, Colorado, November 4, 1899. HON. J. C. OVERMYER, Adjutant General of the State of Colorado, Dear Sir-I am in receipt of your communication, in which you ask to be informed whether or not the Governor of the State of Colorado is authorized, under our statutes, to rent an armory for the use of the National Guard of Colorado. In reply thereto I have the honor to state as follows: In the act passed by the Eleventh General Assembly of this state, relative to the National Guard of this state, the question you ask is answered affirmatively in the following section thereof: "The Governor may authorize the employment of clerks and the hiring of officers, and armories, the purchase of fuel, lights, stationery and books for the military service, for the use of heads of departments, recruiting officers, etc. He may also authorize the hiring of store rooms for the safe keeping of public stores at such place or places as he shall designate until an arsenal or magazines shall be secured by the State." Session Laws of 1899, page 196. Very truly yours, D. M. CAMPBELL, Attorney General. By DAN B. CAREY, Assistant. IN RE SALARIES. The short appropriation bill passed by the Twelfth General Assembly and approved February 20th, 1899, is a statute complete within itself, and payments made thereunder are fully protected thereby and cannot be affected by any subsequent statute. Where the short appropriation fixes a higher rate of salary than the long appropriation, the former rate should be paid for the first four months of the fiscal year in monthly installments, and the latter rate should be paid in monthly installments for the remainder of the year. Where the short appropriation fixes a lower rate of salary than the long appropriation, such a monthly salary should be paid for the last eight months of the fiscal year as when added to the amount paid under the short appropriation bill for the first four months, will aggregate a sum equal to the annual salary fixed by said long appropriation. State of Colorado, Attorney General's Office. Denver, Colorado, December 27, 1899. HON. GEORGE W. TEMPLE, Auditor of State of the State of Colorado, Dear Sir-I am in receipt of your communication of recent date, in reference to the salaries of various employees of the different departments of the state government. The Twelfth General Assembly passed an appropriation bill in the early part of the legislative session, providing for the payment of the expenses of the different departments of the state government, for the first four months of the fiscal year 1899. For convenience this appropriation will be termed herein |