1906-1908 Ind. Op. Att'y Gen. p. 180a

EPILEPTICS, VILLAGE FOR-TRUSTEES HOLD OFFICE. May 14, 1907. Hon. Enoch G. Hogate, Secretary Board of Trustees Indiana Vil- lage for Epileptics, Newcastle, Indiana: Dear Sir-Replying to yours of the 10th inst., in which you state that Mr. Charles L. Henry was appointed trustee of the Village for Epileptics on March 15, 1906, for a term of two years ; that his term expired in March, 1907, and no successor has been 4ippointed by the governor. You ask whether Mr. Henry holds his office as trustee under his former appointment until his suc- cessor is elected and qualified. My opinion is that he does. The constitution of the state pro- vides as follows (Burns' Stats. 1901, §225): "Whenever it is provided in this constitution, or in any law which may be hereafter passed, that any officer, other than a member of the general assembly, shall hold his of- fice for any given term, the same shall be construed to mean that such officer shall hold his office for such term and until his successor shall have been elected and qualified." RAILROADS-LAW OF 1907, LIMITING CHARGE MADE BY RAILROADS DOES NOT REFER TO ELECTRIC, IN- TERURBAN OR STREET RAILWAYS. May 14, 1907. Railroad Commission of the State of Indiana: Gentlemen-I am in receipt of inqLiries asking whether the act of the last general assembly, appearing on page 62 of the acts with reference to limiting the charge which may be made for the transportation of passengers by any corporation, firm or individual owning or operating a railroad in whole or in part within this state, and providing for the transportation of bag- gage, applies to interurban railways. These inquiries I referred to your Commission and they were again by your commission referred to me for my official opinion. I therefore take the liberty of addressing this official opinion to the commission, and, with your permission, I am forwarding copies of the same to the persons making these inquiries. The act authorizing the organization of interurban railway companies is an entirely different act from that under which