1906-1908 Ind. Op. Att'y Gen. p. 190

189, and Winchester Co. v. Veal, 145 Ind. 506, 510, 516. It is difficult, if not impossible, to reconcile the latter with the case of Shelton v. State, supra. It is much more consistent with true legal principles and sound morals to regard the treasurer as a fiduciary, and that all profits realized by him from loaning the public funds, belong to the public, the real beneficiary. This view has the support of respectable authorities. (Dillon v. Munic. Corps., Sec. 444; Su- pervisions v. Wandel, 6 Laws, 33, affirmed 59 N. Y. 645; U. S. v. Mosley, 133 U. S. 273, 287; Wilkesbarre v. Rochafellow, 171 Pa. St. 177, 30 L. R. A. 393; U. S. v. Thomas, 15 Wall, 337 ; State v. Copeland (Tenn.) 34 S. W. 427; State v. McTetridge (Wis.) 20 L. R. A. 223; State v. Hardsaw (Wis.), 54 S. W. 17; State v. Windle, 156 Ind. 648). If such liability on the part of the treasurers exists, as I cou- sider it does, it can be enforced by suits prosecuted against them by the state on the relation of the county auditor. Hunt v. State, 93 Ind. 311; Gauntt v. State, 81 Ind. 137. The interest having been received at least by color of office, the treasurers' bondsmen are also liable therefor. State v. Walford, 11 Ind. App. 392. Replying to your questions, my opinion is that suits should be brought against the treasurers respectively and their bondsmen, these actions being brought in the name of the state on relation of the county auditor. LIBRARY COMMISSION-RAILROAD AND HOTEL EXPEN- SES OF SECRETARY TO ASHEVILLE, NORTH CARO- LINA (AMERICAN LIBRARY ASSOCIATION). May 17, 1907. Hon. Chalmers Hadley, Secretary Public Library Commission, Indianapolis, Indiana: Dear Sir-I am in receipt of your favor of the 16th inst., ask- ing whether there is any law preventing the public library com- mission from paying your railroad and hotel bill at the Ameri- can Library Association at Asheville, North Carolina. The general appropriation act of 1907 provided that all appro- priations designated and intended as and for traveling and hotel expenses for any department should be construed to mean trav- eling and hotel eypenses within the state of Ipdiana, and not else- where. The provision made for the public library commission is $7,000, no part of which is especially designated for traveling or hotel expenses. My view is-that even if the section first above mentioned applied to the appropriations for the year 1907 it would not apply to a case where no specific appropriation for hotel or traveling expenses is made. You will notice, however, the sec- tion mentioned above relates to appropriations "herein provided," that which was made for the benefit of the public library com- mission is available after the beginning of the fiscal year in Octo- ber, 1907. The appropriation under which the commission is now acting is that made in 1905, and the latter statute contains no restriction as to traveling or hotel expenses. I am therefore of the opinion that there was nothing passed at the recent session of the legislature to prevent the payment of your railroad expenses and your hotel bill at the meeting of the American Library Association at Asheville, North Carolina. INDIANA GIRLS' SCHOOL-INSTALLATION OF "BOILER, ENGINE AND GENERATOR," ETC. May 17, 1907. Mr. Samuel Shutt, Chief Engineer, State House: Dear Sir-Your verbal request for my opiuion as to whether the board of trustees of the Indiana Girls' School were authorized to expend the appropriation made by the act of 1907 (Acts 1907, p. 669) for "furnishing and installing boiler, engine and genera- tor, switch board and all necessary appliances, equipments, mate- rials and labor" without first receiving competitive bids, after notice given, or whether the board could legally purchase and have installed such boiler, etc., the same as an individual might do. Among other items appropriated I notice the following, specific: "One new cottage, twenty-five thousand dollars; two employes' cottages for men, at two thousand dollars each, four thousand dollars; cow barn and horse barn, three thousand dollars; storehouse and cold storage, six thou- sand five hundred dollars; fence, two thousand dollars; hennery and piggery, five hundred dollars; grading walks,