The statutes of this state relating to the Colorado Insane Asylum provide that:

"The superintendent shall be a regularly graduated physician, and he shall reside at the asylum. He shall receive a salary of two thousand dollars per annum, payable quarterly."

2 Mills' Ann. Stats., Section 2970.

I do not find any other provision in the statutes relating to this subject.

The definition of the word "reside," given in the Century Dictionary, is "to dwell permanently or for a considerable time; have a settled abcde for a time, or a dwelling or home; specifically, to be an official residence." And the same authority defines "residence" in law as "the place where a man's habitation is fixed without any present intention of removing it therefrom."

The Constitution of this state provides that:

"The officers of the executive department except the Lieutenant-Governor, shall, during their term of office, reside at the seat of government,

* *

Section 1, Article IV.

The statutes of this state relating to the organization and management of the State Penitentiary, provide that:

"The Warden shall reside upon the penitentiary grounds, and for that purpose shall have the use of the dwelling-house thereon but in no case shall he be allowed to appropriate any goods, clothing, supplies or any article whatsoever, purchased and intended for the use of the penitentiary, for his own use, but the same shall be kept by him and applied to the sole use for which they were purchased."

2 Mills' Ann. Stats., Section 3420.

The statutes relating to the organization and management of the State Reformatory provide that:

"The Warden of the State Reformatory shall receive the sum of twenty-five hundred (2,500) dollars and his subsistence for all the services required of him. The Chaplain shall receive the sum of one thousand (1,000) per annum."

2 Mills' Ann. Stats., Section 4171.

Subsistence is defined as "that which supports animal life; means of support; provisions or that which procures provisions; livelihood."

I have not, within the time at my disposal, been able to find any judicial decisions in point, nor any direct legal authority upon the construction of this or similar statutes. Questions may arise under this statute which would be not only difficult of solution, but upon which differences of opinion might exist. The statute certainly contemplates that the superintendent shall be provided with an official residence or with suitable official apartments at the asylum. The keep, subsistence or maintenance of himself and family is not, in my opinion, embraced in our statute under the word "reside."

Answering your specific question, I am of the opinion that the superintendent cannot "lawfully maintain himself and family at the public expense and out of the asylum appropriation in addition to his salary."

Respectfully,

D. M. CAMPBELL,

Attorney General.

By CALVIN E. REED,

Assistant.

To His Excellency,

CHARLES S. THOMAS, Governor,

State Capitol Building.

IN RE

INTEREST ON DEPOSITS OF STATE FUNDS.

It is the duty of the State Treasurer to credit interest received by him on deposits of state funds to their respective funds, and not to the General Revenue Fund of the year in which the interest is received.

State of Colorado,

Attorney General's Office.

Denver, Colorado, March 10, 1899.

Sir I am in receipt of your communication of the 5th instant, informing me that the Senate finance committee of the Twelfth General Assembly has adopted a resolution requesting my official opinion as to the lawful disposition of the moneys arising from the interest on deposits of state funds, and in reply I beg to advise you as follows:

The Constitution of this state contains the following provision:

"The making of profit, directly or indirectly, out of state, county, city, town, or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law."

Section 13, Article X.

A statute of this state, which was adopted in 1877, provided as follows:

"County treasurers shall be liable to a like fine [$1,000] for loaning out or in any manner using for private purposes, state or county funds in their hands, and the State Treasurer shall be liable to a fine of not more than ten thousand dollars

for a like misdemeanor, to be prosecuted by the Attorney General in the name of the state."

2 Mills' Ann. Stats., Section 3918.

I have been credibly informed that prior to the year 1891 it was the custom of the State Treasurers of this state to loan state funds and receive from banks, in which state funds were deposited, the interest thereon, and appropriate the same to their own private advantage.

A State Treasurer of this state, having been proceeded against by indictment upon the charge of loaning public moneys for private gain while occupying the office of State Treasurer, was, in a habeas corpus proceeding at the April, A. D. 1890, term, ordered discharged by the Supreme Court of this state.

In re Breene, 14 Colo., 401.

In that case it was held by the court that the act mentioned in the indictment was not an offense at the comomn law; that the above-quoted constitutional provision was not self-executing; that the only statutory authority in support of the prosecution was the abovementioned statute, and that the penal provision therein was unconstitutional, because not clearly expressed in the title of the act.

"It is eminently proper, and, in view of Section 13, Article X, of the Constitution, it may be a legislative duty, to provide by statute that all interest paid by banks on public funds deposited with them, shall be placed to the credit of the state."

In re House Resolution, 12 Colo., 395, 398. Moulton vs. McLean, 5 Colo. App., 454, 459.

State vs. Walsen, 17 Colo., 170.

In 1891 the Eighth General Assembly enacted further legislation upon this subject, and provided that thereafter the State Treasurers should account to

the state for all interest received by them in behalf of the state upon state funds.

Laws of 1891, page 196.

3 Mills' Ann. Stats., Sections 1790 and

1790a.

Laws of 1891, page 198.

3 Mills' Ann. Stats., 1790b-1790c.

The above statutes do not contain any provision or direction with reference to the disposition of said interest moneys; however, the following General Statutes appear to have been observed by the successive State Treasurers:

"That all sums of money remaining in the hands of the State Treasurer, other than that set apart by law for a special fund, shall be by said Treasurer carried to the general fund.” 1 Mills' Ann. Stats., Section 1809.

"That all sums of money received by the State Treasurer, from the sales of laws and code; fees from Secretary of State, * * ** or from any other source whereby the same is not set aside by law for a specific purpose, shall, on its receipt, be credited to the general state fund by the Auditor and Treasurer." Laws of 1885, page 241, Section 2.

3 Mills' Ann. Stats., Section 1831b.

In the early part of the year 1892 Attorney General Maupin rendered the following official opinion to State Treasurer Carlile:

"Referring to your communication, *

asking to what

fund the money received as interest on deposit of state funds belongs, or what disposition should be made of it, it is my opinion that the interest should be turned into the general fund, for the respective fiscal years in which the interest is earned." Opinions of Attorney General, 1891-1892,

page 86.