1906-1908 Ind. Op. Att'y Gen. p. 93
The recitals contained in Senate Enrolled Act No. 273 are correct so far as they relate to any claim or title possessed by the State of Indiana.
entitled to have expended upon him his pro rata share of the school
funds for educational purposes, and wherever the child goes, the
money or funds for his education goes also, so long as he does not
remove from the territory in which he was enumerated, and, under
these authorities, it is perfectly plain that the city annexing the
territory would be entitled to its pro rata of all tuition funds based
on the enumeration of the children in the annexed territory.
When the territory was annexed the township would be no
longer liable, in my opinion, to pay the transfer fees, but, if there
remained in the hands of the trustees any funds unexpended for
school purposes for the annexed territory at the time when such
territory was annexed, then such school city would be entitled to its
proportionate share of such unexpended fund, based upon the pu-
pils who had been transferred and were not accommodated in the
township school in the annexed territory; and that such city is
entitled to its pro rata share of the tnition funds, both local and
general, for school purposes, beginning with the beginning of the
school year in September, 1906, based upon the last preceding
enumeration for such annexed territory, and if these funds have
been received by the township trustee the city school board should
first demand of such trustee such funds, and, upon his refusal to
pay same over to such school board, or the treasurer thereof, pro-
ceedings in mandamus should be instituted and the board of trus-
tees of such city are the proper relators in such mandamus pro-
ceedings.
I cite the cases of Johnson et al., School Trustee, v.
Smith, School Trustee, supra, and Hlalm v. State ex rel. Hottel et
al., supra, for mode of procedure in securing such funds.
SWAMP LANDS-ST. JOSEPH AND STARKE COUNTIES.
March 4, 1907.
Hon. J. Frank Ianly, Governor of the State of Indiana:
Dear Sir-You have submitted to me Senate Enrolled Act No.
273 relating to swamp lands in St. Joseph and Starke counties, and
have asked whether the same is correct in its recitals respecting the
title and claim of the state to said land.
Upon investigation I find that on the 29th day of June, 1906,
Attorney-General Charles W. Miller rendered an opinion to Hon.
Warren Bigler, auditor of state, in which he held that the state has
no claim to lots 1, 2, 3 and 4 in section 36, township 37 north, range
1 west, but that the present holders have a right to hold the same,
free from all rights on behalf of the state.
In this opinion I con-
cur.
As to section 14, township 33 north, range 3 west, the records
of the auditor of state's office show that this land was sold on the
10th day of December, 1904, pursuant to the act of 1899, found o-
page 398 of the session laws of that year, to one Darrow, for the
sum of $10,080, and a deed for said land was duly executed by the
auditor of state to said purchaser.
I am of the opinion that the recitals contained in Enrolled Act
No. 273, Senate, are correct so far as they relate to any claim or
title possessed by the state of Indiana to the land involved.
BILLS-GOVERNOR ENTITLED TO THREE FULL DAYS
h\ WHICH TO CONSIDER.
March 5, 1907.
Ion. J. Frank Hanly, Governor of Indiana:
Dear Sir-You presented to me the question, Within what time
after a bill is presented to you you are required to return the same
under section 140 Burns' Statutes 1901.?
The portion of this section which calls for construction reads as
follows:
"If any bill shall not be returned by the governor within
three days, Sundays excepted, after it shall have been pre-
sented to him, it shall be a law without his signature unless
the general adjournment shall prevent its return, in which
case it shall be a law unless the. governor within five days
next after such adjournment shall file such bill with his ob-
jections thereto in the office of the secretary of state, and
shall lay the same before the general assembly at its next
session in like manner as if it had been returned by the gov-
ernor.
But no bills shall be presented to the governor with-
in two days next previous to the final adjournment of the
general assembly."
The rule which is supported by a great weight of authority i;
that in computing the three days mentioned in the above section
the day of presentation is to be excluded and the last day included.
This construction affords the executive three full days after the
day of presentation in which to consider the measure.
See
26 Am. and Eng. Encyc. Law, page 551;
Endlich on Interpretation of Stats., sec. 392;