The state statistician cannot compel county recorders to furnish statements of real estate transfers and considerations paid.

useless to the community, would be imputing absurd designs to the general assembly. That body did not intend to place a com- petent officer on the same plane with one wholly disqualified to act. A desire to render adequate compensation for services actu- ally performed and not charity or sentiment, was the controlling motive back of this statute. Neither can it be said that the judge pro tempore is to receive but $1,900, while the incompetent judge is to have his salary increased to $1,600. It would be astounding for the legislature to pay a disqualified officer an increasing salary for doing nothing, as it would be to raise the salary of a dead man. The act of 1871 does not declare the salary of the appointee shall be $1,900. It provides that his compensation shall be at the rate of $1,900 per annum. The rate, as above stated, is virtually fixed by that act as nineteen-twentieths; hence, when the aggre- gate salary was increased, the proportions in which it was divis- ible, remained constant. It follows that under the present statute, nothing to the 'contrary being indicated therein, the temporary appointee is entitled to $3,325 out of the annual salary of $3,500 and the regular judge to $175. STATISTICIAN-CAN NOT COMPEL COUNTY RECORDER TO FURNISH STATEMENT OF REAL ESTATE TRANS- FERS, ETC. April 24, 1907. Miss Mary Stubbs, State Statistician, Indianapolis, Indiana: Dear Madam-In answer to your inquiry as to whether you can compel county recorders to furnish you with a statement of the real estate transfers for .the month of February, 1907, includ- ing the consideration paid in each instance in their respective counties, I beg leave to advise that your duties are defined by statute, and there does not appear to be any statutory duty re- quiring information of that character, and there is nothing upon which you are required to report officially which would call for such an inquiry. Such county officers defaulting in answering any inquiry within the scope of your duties are liable to statu- tory penalty, and in each statute providing the penalties the liabil- ity is limited to default in answering inquiries with reference to matters about which inquiries from you are within the scope of your duties, I am therefore of the opinion-that you can not compel such officers to furnish you with such statements. I enclose to you copy of the statutory laws relating to your office furnished me by you. INDIANA REFORMATORY-NOT NECESSARY THAT TREASURER BE MEMBER, OF TRUSTEES. April 25, 1907. Hon. D. J. Terhune, President Board of Managers of Indiana Reformatory, Jeffersonville, Indiana: Dear Sir-In answer to your question as to whether under the act of the general assembly of the state of Indiana for 1907, relating to the management and control of state benevolent, re- formatory and penal institutions, defining the powers of the board of trustees, etc., appearing at pages 138 and 143. inclusive of said Acts, the treasurer of said Indiana Reformatory must necessarily be a member of the board of trustees of said institution, I beg leave to advise that in my opinion it is not necessary that such treasurer should be a member of said board of trustees. MINES-STAIRWAYS AT OUTLETS OF ESCAPEWAYS. April 27, 1907. Air. James Epperson, Mine Inspector, Indianapolis, Indiana: Dear Sir-After careful consideration of the statutes with reference to stairways required at outlets of escapeways, I am of the opinion that the act of 1907 was passed for the express pur- pose of compelling the construction of stairways in connection with such outlets, regardless of any other provision that may be made for the safety of the employes, and it is my opinion that it would be a violation of the law for Mr. Tally to neglect the contsruction of such stairway, even though he does construct the inclined subway that he exhibits on his diagram by connecting the two mines.