A person is eligible to be elected as county superintendent without being a resident of the county where he is elected.

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. While the constitution of the state, section 154 Burns' Anno- tated Indiana Statutes 1901, provides that no person shall be elected or appointed as a county officer, who shall not be an elector of the county, and who shall not have been an inhabitant of such coiuty for one year next before he is elected or appointed., I do not construe the term "county officer" as including a county superintendent. I It may more properly be said that a county superintendent occupies a position analogous to a state officer, rather than a county officer. I am, therefore, of the opinion that the office of county super- intendent is not a county office within the constitutional provi- sion above referred to, and hence a person may be eligible to be elected to said office without being a resident of the county where he is elected. CLERK OF CIRCUIT COURT--TERM OF. April 24, 1907. Hon. Fred A. Sims, Secretary of State, Indianapolis, Indiana: Dear Sir-You have submitted to me the following facts: C. E. Stout was elected clerk of the Kosciusko circuit court in November, 1906. A. A. Rasor, the present incumbent, was elected in November, 1902, and took his office January 1, 1904. You ask when Mr. Stout's term begins. The legislation upon the subject of the commencement of the terms of county officers has been varied and confusing. I give below the enactments relating thereto: 1897. Terms of county treasurers shall commence January 1, next following the term of the "present incumbent." 1901. Terms of various officers, including "county clerk," shall commence January 1, next following the term of the "pres- ent incumbent." (This law is inoperative as to clerks of the circuit court, because of their erroneous designation as "county clerks.") 1903. (February 11). Terms of various officers, including "clerks of the circuit court," shall commence January I succeed- ing their election; with certain qualifications in regard to exten- sion of existing terms. (This law was held unconstitutional in Gemmer v. State, 163 Ind. 150, and has since been repealed; see infra.)