Regarding when certain appropriations for the Custodian of Public Buildings become available.

meeting of the insured," not to "the insured," or to "a meet- ing of all the insured." The vote must be a two-thirds vote of such meeting. The act expressly requires that notices of this meeting shall be sent to "each policy holder," and if the legislature intended that two-thirds of all policy holders must vote for reinsurance or transfer before the same could be accomplished, it would not have been as explicit as it was in requiring that each policy holder must be notified of the meeting. I am, therefore, of the opinion that two-thirds of the votes cast at the called meeting determines the question of transfer or reinsurance. Replying to your second question, my view is that proxies may be voted. It ought, in principle, to make no difference whether the interested policy holder votes in person or by his duly ap- pointed agent. The object of the statute is to obtain an expres- sion from as large a proportion of the policy holders as possible. This can be done by proxy voting; and to interpret the law otherwise might, as a practical matter, result in ignoring the preferences of large numbers of policy holders who are prevented by distance, sickness or otherwise from attending the meeting. APPROPRIATIONS---WHEN CERTAIN APPROPRIATIONS FOR CUSTODIAN BECOME AVAILABLE. April 22, 1907. Hon. Otway A. Baker, Custodian of Public Buildings: Dear Sir-I am in receipt of your communication of recent date, in which you ask when certain appropriations, made by the last general assembly, become available, viz: paving driveway at north entrance of state house, $1,750; concrete walks on Washing- ton street, $1,500; repair of roof, $3,390. The portion of the appropriation act of 1907 governing these and other similar items, reads as follows: "Redecorating, $10,750, available April 1, 1907; re- varnishing wood work, $1,400, available April 1, 1907; 0 .0 0 paving driveway, north entrance, $1,750; repairs to steps, west entrance, $500, available April 1, 1907; con- crete walks on Washington street, $1,500; roof repairs, $3,390; electric power, $740, available July 1, 1907." It will be observed that in nearly all the above specific ap- propriations, the date at which they become available is stated. There is no attempt to group them, and declare that all of a cer- tain class shall be available at a particular time; but the date is repeated for each item, although, in three instances, the day is the same. The omission to specify when the appropriations for paving the driveway, cementing walks and repairing the roof are available, is significant; and the legislature can not be pre- sumed to have intended to make these items payable on April 1, 1907, or July 1, 1907, or on any other date prior to the time when ordinary specific appropriations can be used, namely, October 1, 1907. That the failure to indicate an earlier date was not an inad- vertence is apparent from the fact that the items concerning which you ask, stand in the appropriation act exactly as they did in the original House Bill No. 713, and the punctuation is identical. The section relating to the custodian's department was changed in several respects after the bill was introduced, but the parts you inquire about remained unaltered. In the section entitled "Engineer of State House," there is a specific appropriation which is made available April 1, 1907, and two others follow, with no date named. This makes it clear that wherever the legislature intended to make items available sooner than the commencement of the next fiscal year, it so stated in un- mistakable terms. I am, therefore, of the opinion, that the amounts referred to in your favor, may not be used earlier than October 1, 1907. SUPERINTENDENT (COUNTY) -RESIDENCE. .April 22, 1907. Hon. Fassett A. Cotton, Superintendent of Public Instruction: Dear Sir-Your communication of April 15th received, in which you request my opinion as to whether a person is eligible to the office of county superintendent of schools in a county other than that of his residence. The act of March 7, 1905 (Acts 1905, p. 492), providing who shall be eligible to this office, does not require such officer to be a resident of the county where elected as county superintendent, and the third section of said act repeals all laws in conflict there- with.