1906-1908 Ind. Op. Att'y Gen. p. 206
It is necessary for the treasurer to give a bond in the sum of $50,000, and that this bond should cover the term for which the individual has been elected as treasurer.
Since section 8 of the act of March 1, 1899, was amended by
section 6 of the act of March 9, 1907, it could not now be of any
benefit to your board for me to express my opinion as to how
it should have been construed.
By reference to my opinion to you under date of June 1, 1907,
you will see that I gave it as my opinion that your board was
not authorized to register assistant pharmacists as registered
pharmacists, unless such assistant registered pharmacists comply
with the requirements of section 3 of the act of 1907, at the same
time, giving you at length my reasons therefor (see my opinion
of June 1, 1907, at page 4) ; and upon re-examination I see no
reason for changing the opinion then expressed.
It is apparent, from the provisions of section 6 of the act of
1907, amending section 8 of the act of 1899, that there is a clear
distinction between the rights and privileges of assistant pharma-
cists and registered pharmacists, and that distinction you prop-
erly recognized by the rifles submitted to me some days ago.
It is provided in this section "that a registered assistant
pharmacist may be left in charge during the temporary absence
of the registered pharmacist,"
etc., and to hold that each of
the two classes of druggists have the same "rights and privi-
leges" would be to ignore altogether the above provision of the
law, a course not allowable.
It cannot now'be material what was a proper construction of
section 8 of the act of 1899, as section 6 of the act of 1907 has
taken its place, and it is my opinion that section 6, when con-
strued with the provisions of section 3 of the act, does not author-
ize your board to "grant registered pharmacist certificates to
registered assistant pharmacists, who were registered as such
prior to April, 1907, and who have had at least four years experi-
ence, without examination"
(see my opinion of June 1, 1907,
pages 4 and 5).
INDIANA REFORMATORY
BOND OF TREASURER.
June 7, 1907.
Hon. W. If. Whittaker, Superintendent Indiana Reformatory,
Jeffersonville, Indiana:
Dear Sir-Your communication of June 1st received, request-
ing my opinion as to
"Whether it will be necessary for me to give a tem-
porary bond of $50,000 until December 1st, to comply with
207
the law governing the reorganization of the boards of trus-
tees of state institutions, and then give a bond in compli-
ance with the depositary law when the finance board of the
state designates what bank in Jeffersonville shall be our
place of deposit?"
The bonds mentioned by section 11 of the act approved March
9, 1907 (Acts 1907, p. 391), referred to in your letter, are those
required from banking institutions and trust companies before
public funds can be deposited in them. The depositary act has
nothing to do with the question as to what bond is required
of the treasurer of your board; but section 4 of the act ap-
proved March 2, 1907 (Acts 1907, p. 138), concerning the man-
agement and control of the state benevolent, reformatory and
pena institutions, provides, among other things, that "such treas-
urer shall qualify by executing a bond in the sum of fifty thou-
sand dollars, with surety to the approval of the governor."
This section also provides that "At the meeting of said boards
following the appointments provided for in section 1 of this act,
they shall proceed to elect a president, vice-president, treasurer
and secretary, and thereafter annually the organization shall be
at the April meeting of each of said boards," which shows that
the officers are to be elected annually, and the bond is to be given
annually and must be in the sum of $50,000 and to the approval
of the governor.
It is, therefore, my opinion that it is necessary for you as
treasurer to give a bond in the sum of $50,000, and that this bond
should cover the term for which you have been elected as treas-
urer, and you are not required to give any other bond unless you
should be elected treasurer in 1908 to succeed yourself;
that
nothing is found in the depositary law of 1907 that requires you
to give any bond or releases you from giving the $50,000 bond
above referred to.
PRISON, INDIANA STATE-EXPIRATION OF SENTENCE
OF CERTAIN PRISONER, ETC.
June 10, 1907.
Hon. James D. Reid, Warden, Indiana State Prison, Michig an
City, Indiana:
Dear Sir--Your letter of June 4th, enclosing copy of a part of
the judgment against Prisoner Harry Miller (No. 3293), received.
You ask for my opinion as to the expiration of his sentence,