The Hoosier Travelers' Association cannot incorporate under the act of 1889 for insurance purposes.

INSURANCE-HOOSIER TRAVELERS' ASSOCIATION. February 7, 1907. Ilon. John C. Billheimer, Auditor of State, Indianapolis, Indiana: Dear Sir-You have submitted the articles of incorporation and by-laws of the Hoosier Travelers' Association, and ask whether such organization can incorporate under the act of 1889 (Acts 1899, p. 141) entitled "An act for the incorporation of societies not for pe- cuniary profit, defining their powers," etc. The purposes of the present association are thus stated in their articles of incorporation: "Third. The purpose for which said corporation is formed is: 1. To unite for mutual benefit commercial travelers of good moral character. 2. [To give moral and material aid to its members in case of physical disability and to render material aid to the widows, orphans and dependents of deceased members. 3. To secure more equitable favors and better accom- modations from hotels and transportation companies. 4. T o elevate the moral and social standing of its mem- bers.'' Section 2 of article 1 of the by-laws provides: "The object of this organization shall be .to pay indem- nities to its members for loss of time by reason of sickness and indemnities for loss of eyes or limbs from a accidental cause, and to pay benefits to the wives, relatives and depend- ents or legatees of members in case of accidental death, and funeral benefit in case of death from natural causes of not to exceed $50 (fifty dollars)." The evident intent of the statute above referred 66 is to author- ize the incorporation of clubs or societies which shall possess the powers specified in section 2 of said act, namely, the usual privi- leges of corporations at common law; and the power to sue; to borrow money; to execute notes, mortgages, etc.; to rent, hold, sell or buy real estate and personal property and erect buildings for corporate purposes. There is nothing in the act of 1899, supra, to indicate that the writing of accident or health insurance was to be one of the powers of societies organized thereunder. That the main object of the association in question is the making of insurance is clearly shown by the above quotation from its articles and by-laws; and on the back of the pamphlet containing the latter, "Health Insurance for Commercial Travelers" is conspicuously advertised. I am therefore of the opinion that the Hoosier Travelers' Asso- ciation can not incorporate under the act of 1889 for the purposes above indicated. STATUTE OF LIMITATIONS-DOES NOT RUN AGAINSI' CRIME OF FALSE PRETENSE. February 11, 1907. Hon. J. Frank Hanly, Governor of Indiana: Dear Sir-In answer to your inquiry as to whether the statute of limitations runs against the crime of false pretense in the state of Ohio, I beg to advise that section 10,388, Laning's Revised Statutes and Re-Codified Laws of the State of Ohio 1905, reads as follows: "Offenses which may be punished by death, or by im- prisonment in the state penitentiary are felonies; all other offenses are misdemeanors." That part of section 10808, id., which relates to the subject mat- ter reads as follows: "Whoever by any false pretense with intent to defraud obtains from any person anything of value ' * ' shall, if the value of the property * * * is $35 or more, be imprisoned in the penitentiary not more than three years nor less than one year." Section 10401, id., reads as follows: "No person shall be indicted, or criminally prosecuted, for ank offense, felonies excepted, the prosecution of which is not specially limited by law, unless such indictment be found, or such prosecution commenced, within three years from the time such offense was committed." There are" limitations upon prosecutions as to time by special statutes on the following crimes: Betting on elections, pool, etc., §10587; Bribery, threats, etc., by candidates, §10767; Common labor on Sunday. by employe-. §1.0754;