1906-1908 Ind. Op. Att'y Gen. p. 138

besides quite a number of laborers, and I know of no legal reason why the services of these men may not be required by you to assist in making the repairs provided for in the appropriation act, should you require their services. It is my opinion, construing the statutes prescribing the duties of the custodian together with the appropriation act of 1907, that the question of whether the repairs mentioned in your letter shall be made under contract or by materials purchased by you, and labor employed by you, is left to your sound discretion, al- was, however, under the approval of the auditor of state, as provided by sections 7783, 7784 and 7787 of Bnrns' Annotated Indiana Statutes 1901. FEEBLE "MINDED YOUTI, INDIANA SCHOOL FOR-AB- STRACT OF TITLE TO LAND. March 28, 1907. ion. John C. Billheimer, Auditor of State: Dear Sir.-I have examined the abstract of the title to the southwest quarter of section 20, township 31, north range 13 east in Allen county, Indiana, and find that the title as shown by said abstract is clear except the ditch assessment against same, and the taxes for 1907, all as of the date of March 14, 1907. There are some slight irregularities which are not covered by the record. but which appear to be fully covered by the affidavits accom- panying the abstract of title furnished me by you, and which in my judgment make the title entirely sufficient. I have also examined the form of deed made by Abe Ackerman for this real estate, and find the same to be incorrect in this, that the deed should be made to the state of Indiana for the use and benefit of the Indiana School for Feeble Minded Youth. See the last paragraph of the appropriation act of the general assembly of the state of Indiana, on page 685 of the acts of 1907. and from a reading of said paragraph you will observe that the appropriation made for the purchase of said real estate will not be available until the board of trustees of such institution shall convey all property held in its name for said institution to the state of Indiana, and if the title to the lands and property now held for the use and benefit of said institution is not in the state, conveyances thereof should be made to the state before the ap- propriations in said act for said institution can be made available. While this act does not expressly authorize said board to make such conveyance yet the implication is clear, and the board in my opinion has the authority to make the conveyance for the pur- pose of securing the benefits of the appropriation, and I have accordingly prepared a form of deed for said southwest quarter of section 20, township 31, north range 13 east, in Allen county, Indiana, which in my opinion will comply with this provision of the appropriation act. You will also find enclosed a form of affidavit which I think the grantor Ackerman should make at the time when the deed is accepted and the deal finally closed. APPROPRIATION-WHEN INCREASES IN SALARIES ARE AVAILABLE. . March 28, 1907. Hon. John C. Billheimer, Auditor of State: Dear Sir.-In my opinion under the proviso in section 4, page 687 Acts 1907, the appropriation for the increase in salaries of the- custodian and engineer and their employes and assistants, is available on and after April 1, 1907, since both the custodian and engineer are state officers. JUDGES-CIRCUIT AND SUPERIOR JUDGES, SALARIES. March 28, 1907. Ion. John C. Billheimer, Auditor of State, Indianapolis, Indiana: Dear Sir.-You have submitted to me the question, "What is the law at this time covering payment of circuit and superior judges' salaries which are payable out of the state treasury?" Section 1438, Burns' Stats. 1901, fixed the salaries of judges of circuit and superior courts at $2,500.00 each, but permitted boards of county commissioners, in specified contingencies, to allow an additional sum as an increase of salary. Section 1439c, Burns' Stats. 1901, provided for a sliding scale of compensation for judges in certain districts, depending upon population and taxable -property; the miximum being fixed at $3,000.00. In 1903 an act was passed, reading as follows, Acts 1903 page 524: "An act concerning the compensation of judges of cir- cuit and superior courts in certain eases. a * * There