It is lawful for the State Board of Health to use any excess of appropriations for pure food work if necessary.

HEALTH, STATE BOARD OF-APPROPRIATIONS. May 8, 1907. Dr. J. N. Hurty, Secretary of State Board of Health, Indianapolis, Indiana: Dear Sir-Your communication on behalf of the state board of health, received, stating that- "The appropriation for this board, page 680, Acts 1907, is in two parts. The first says: "" 0 * for other expen- ses, such as office expenses, impure food, pollution of streams and preventing the spread of contagious and in- fectious diseases, the sum of ten thousand dollars." "The second says: For maintenance of laboratory of hygeine, purchase of food and drug samples, salaries of employes, transportation and hotel expenses of those nec- essary to conduct inspections, collect samples and attend prosecutions and for incidental expenses, fourteen thou- sand dollars." You ask: "Will it be lawful to use any of the $14,000 for pure food work, if the appropriation of the pure food act runs out, and it is to spare?" Section 7 of the pure food and drugs act (Acts 1907, p. 158) makes it the duty of the state board of health to enforce the laws of the state, governing food and drug adulteration, and des- ignates the chemist of such board as a state food and drug com- missioner; and $15,000 is appropriated annually by section 8 of the act, "To be expended by the state board of health for the purpose of meeting expenses incurred in the enforement of this act, including the salaries of the state food and drug commis- sioner, chemists, inspectors and clerks, the cost of collection of samples, purchase of laboratory supplies, aid in prosecuting of- fenders against this act, publication and distribution of bulletins, and other expenses incident to the enforcement of this law." The appropriation act of 1907 (Acts 1907, p. 680) appropriates certain money to pay the salaries of the secretary of the state board of health and other officers, and to pay the expenses of the members of the board in attending the quarterly meetings .of the board, and "for other expenses, such as office expenses, impure food, pollution of streams and preventing the spread of contagious and infectious diseases, the sum of ten thousand dollars;" and again "for maintenance of laboratory of hygiene, purchase of food and drug samples, salaries of employes, transportation and hotel expenses of those necessary to conduct inspections, collect samples and attend prosecutions, and for tha incidental expenses, fourteen thousand dollars." Appropriations can only be used for the purposes intended by the legislature, and the intention of that body is to be gathered from the language used by it. This intention seems to have been clearly expressed and was to the effect that fourteen thousand dollars was appropriated for maintenance of laboratory of hy- giene, etc., and it is my opinion that no part of it can be used by your department to prevent-the pollution of streams or the spread of contagious and infectious diseases. You state that "By clerical error, the fourteen has been put in the wrong place," that it should have been in place of "ten" in the forepart of the act, and that the "ten" should have been in place of the word "fourteen" in the latter part of the act. Whether there was a mistake in the enrollment or printing of the bill can make no difference now, since our courts hold-and cor- rectly so, I think-that where a statute is duly authenticated by the presiding officers of the legislature, the court will not inquire as to the regularity of the proceedings before that time. Evans v. Browne, 30 Ind. 514. Since section 8 of the Acts of 1907 (Acts 1907, p. 158) known as the pure food and drugs acts, appropriates $15,000 to be used by your department for some of the same purposes for which the $14,000 appropriation above shown is to be used, it is my opinion should said $15,00 so appropriated be inadequate for the pur- poses intended, such portion of the $14,000 appropriation as you may have to spare, if any, may be lawfully used by your depart- ment for pure food work as contemplated by the second appropria- tion for the state board of health (Acts 1907, p. 680). MORTON MONUMENT-FORFEITURE FOR DELAY IN COM- PLETING WORK. May 10, 1907. Dr. ID. R. Lucas, Secretary Board of Commissioners Morton Mon- ument: Dear Sir-Your favor of May 4th is at hand, stating that the contract entered into by your board and Rudolf Schwartz on June 23, 1906, for the casting of side figures and bas reliefs for