Regarding the commencement of the term of a clerk of the circuit court.

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 (This law was held unconstitutional in Gemmer v. State, 163 Ind. 150, and has since been repealed; see infra.) 165 1903. (February 19). The act of 1901, containing the mis- nomer "county clerks," was repealed so far as related to the clerk of the circuit court. Section 2 provides: "In all cases where clerks of the circuit courts were elected in any of the counties of this state, at the general election in November, 1902, such election is hereby legal- ized: Provided, that in all cases where the term of office of such clerks of the circuit court have not yet begun, they shall not begin before January 1, 1904." 1907. The act of February 11, 1903, declared unconstitutional in Gemmer v. State, supra, was repealed in toto; and elections held under the belief that the said act was valid, were legalized. Acts of officers who took office under that act, as well as those who took office under the supposition of its in-validity, were declared valid. Laws, which the invalid act of February 11, 1903, purported to repeal, were revived. From the above synopsis of this course of legislation it is clear that the only act which applies to the situation referred to in your favor is that of February 19, 1903. As Mr. Rasor was elected in November, 1902, but did not take his office on or prior to February 19, 1903, that statute fixed the commencement of his term at January 1, 1904. The constitution provides that the clerk shall hold for a term of four years. (Burns' Stats. 1901, Sec. 152) ; hence i1r. Rasor's term will end January 1, 1908, and Mr. Stout will assixme the duties of the office immediately there- after. APPROPRIATIONS-ACT 1907 AS APPLIES TO BOARD OF STATE CHARITIES, ETC. April 23, 1907. Hon. A. W. Butler, Secretary Board of State Charities, Indianap- olis, Indiana: Dear Sir-I have your communication of the 20th inst., in which you ask for a construction, so far as relates to your depart- ment, of that portion of the appropriation act of 307 which reads as follows: "All appropriations herein provided, designated and in- tended as and for traveling and hotel expenses for any de- partment, officer, agent, employe, person, trustees or com-