The 1907 Appropriations Act is not to be construed as limiting the traveling and hotel expenses of the board of state charities to those incurred within the state of Indiana.

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 The act of 1901, containing the mis- nomer "county clerks," was repealed so far as related to the clerk of the circuit court.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 The act of February 11, 1903, declared unconstitutional in Gemmer v. State, supra, was repealed in toto; and elections held under the belief that the said act was valid, were legalized.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- missioners, other than for the attorney-general or his assis- tants, or for the Indiana Jamestown Exposition commis- sion, shall be construed to mean and is (are) hereby in- tended to be confined to such traveling and hotel expenses within the state of Indiana and not elsewhere." The appropriation act contains numerous provisions expressly relating to traveling or hotel expenses; thus, the executive de- partment is given a fund for "traveling expenses of governor on official business" (Acts 1907, p. 671); the department of public instruction has a fund for "traveling expenses" (Acts 1907, p. 675); and similar provisions are made for the factory inspection department (Acts 1907, p. 678)5 the fish and game commissioner (Acts 1907, p. 678); the board of forestry (Acts 1907, p. 680) ; and the labor commission (Acts 1907, p. 681). For the board of health a sum is appropriated for "transportation and hotel expenses" (Acts 1907, p. 680). The duties of these various departments are usually performed within the limits of the state. Other departments, however, are frequently required to travel beyond its boundaries. Thus, the benevolent or correctional institutions are, from time to time, compelled to send agents into other states to accompany inmates who are sent to or returned from other jurisdictions. The Rail- road Commission is sometimes required to go to cities outside of the state on business directly pertaining to the work of the com- mission. It can not be presumed the legislature intended to cripple the legitimate activities of these various officials by re- quiring them to defray their own hotel and traveling expenses while acting strictly on public business, except when within the state of Indiana. A fundamental rule of statutory construction requires that words be taken in their usual and ordinary sense. Here the legislature has said, that all appropriations "designated and in- tended" for traveling or hotel expenses shall be confined to those incurred within this state. In the appropriations made for the board of state charities, hotel and traveling expenses are not mentioned. It can not, therefore, be said that any amount was "designated" for these purposes, so far as your department is concerned. I am therefore of the opinion that the above section of the appropriation act is not to be construed as limiting the traveling and hotel expenses of the board of state charities to those in- curred within the state of Indiana.