1906-1908 Ind. Op. Att'y Gen. p. 141

As the act of 1907 intends to fix the compensation of judges, it will be construed as determining the sum of money actually re- ceived by the officer from the state as salary, whether such was formerly received as pay for services rendered or in lieu of ex- penses. In Kilgore v. People, 76 Ill. 548, 552, the meaning of the term "compensation" is thus indicated: "The board is required to fix the 'compensation '-the whole compensation, including stationery, fuel and clerk hire. " In People v. Wemple, 115 N. Y. 302, 309, the court say: "The word compensation means, and I think obviously means, the sum of money which the judicial officer has been in receipt of from the state." In the case last cited, where the legislature had appropriated a sum of money "in lieu of" expenses, it was held to be included within the definition of "compensation," and to be a "clear grant of pay, or compensation, having no connection with the expenses incurred by a justice. As granted by this act it became naturally and plainly, as much a part of the compensation to the justice as though his salary, eo nomine, had been increased to compensate him further for what his office entailed upon him in the way of duties and work. Expenses or no expenses, he became entitled to the whole of the $1,200." My opinion therefore is, that the act of 1903 added $300 to the salary of each judge and became as much a part of his compensa- tion (or salary) as if so denominated expressly. Such being the case the act of 1907, which purports to "fix the compensation * * * to be paid as salary," to judges, repeals the act of 1903 by implication. INSURANCE-UNION LIFE INSURANCE COMPANY OF INDIANA. March 30, 1907. Ion. John C. Bilheimer, Auditor of State, Indianapolis, Indiana: Dear Sir.-I am in receipt of your communication of this date enclosing articles of incorporation of the Union Life Insurance Company of Indiana, and requesting my opinion thereon. The statute of 1897 (Chapter 195, Acts 1897) under which this asso- 142. ciation attempts to incorporate requires that the articles shall state that the two hundred or more persons from whom applica- tions for membership have been secured have been examined and' recommended by a reputable physician. Article 9 of the articles of i ncorporation submitted states that "All persons making application shall be examined and recom- mended by a reliable physician." Article 10 merely states that 481 bona fide applications have been secured from over two hundred persons ,for $200,000.00 insurance, and that $2.00 per thousand have been deposited with the incorporators. There is nothing in the articles to indicate that these applicants have been examined and recommended by a reliable physician. I am there- fore unable to approve the articles in question inasmuch as it does not clearly appear that this company is an accident company only, and does not intend to write life insurance exclusively. I accordingly return the articles to you without my approval. SCHOOLS-REQUIREMENTS OF. ACT REGARDING STATE CONTRACTS FOR FURNISHING SCHOOL BOOKS. April 1, 1907. Hon. Fassett A. Cotton, Superintendent of Public Instruction, Indianapolis, Indiana: Dear Sir.-You have addressed to me the question whether the act of 1907 (Senate Bill, 353) found on page 143 of the ses- sion laws of that year, is to be followed, rather than that found on page 586, (Senate Bill 388). Both of these acts originated in the senate, were introduced by the same senator, relate to the same subject and were respec- tively approved by the governor on March 2nd, and March 12th, 1907. A general rule of statutory construction requires that all acts, passed at the same session of the legislature, relating to the same subject matter, shall be deemed operative, if they can be recon- ciled (26 Am. and Eng. Encyc. Law, page 623; State v. Rackley 2 Blkf. 249, 250). Only in the case of irreconcilable conflict, will the measure last enacted, control. The two statutes in question, can be reconciled without doing violence to their language. The latter act (p. 586) requires that state contracts for furnishing school books must provide for the appointment by the several superintendents of the several coun-