1906-1908 Ind. Op. Att'y Gen. p. 134

MEDICAL REGISTRATION AND EXAIINATION -INDIANA BOARD OF-SALARY OF CLERK. March 23, 1907. Dr. W. T. Gott, Secretary of the State Board of Medical Regis- tration and Examination, Indianapolis, Indiana: Dear Sir.-I am in receipt of your communication of March 21 requesting my opinion as to whether the Indiana Board of Medical Registration and Examination is empowered under the law to pay its regular clerk more than $500.00 per annum. Section 7322 Burns' Annotated Indiana Statutes 1901, among other things provides: "Said board may employ a clerk and fix his salary at not more than five hundred dollars ($500.00) per an- num.' I know of no law amending the above provision, and since it clearly prohibits the board from paying a greater salary than $500.00 -per annumn, such board in my opinion has no power to do. so. LUCRATIVE OFFICES-M\IEMBER OF GENERAL ASSEMBLY AND SECURITIES CLERK IN AUDITOR OF STATE'S OFFICE. March 23, 1907. Hon. John C. Billheimer, Auditor of State, Indianapolis, Indiana: Dear Sir.-In answer to your inquiry as to whether the ap- pointment of a member of the last general assembly to the position of securities clerk in your office would be in violation of section 30. article 4, of the constitution of the state of Indiana, I beg to advise the only existing law with reference to the position re- ferred to is found in the appropriation act, which is as follows: "Salary of securities clerk $2,500.00." And again near the con- clusion of the act it is provided: "Whenever it is provided by statute that the salary of any officer, clerk 6r employe, for which an appropriation is herein made, shall be in excess of the amount here in appropriated, such officer, clerk or employe shall receive," etc. The prohibition contained in the section of the constitution referred to relates to officers and offices, and not to clerks and employes. The language last above quoted from the appropria-