Legislative reference librarians are to receive for the fiscal year ending September 30, 1907, a salary at the rate of fifteen hundred dollars per year for the time from April 1st to September 30, 1907, or one hundred twenty-five dollars per month.

To construe the act in that way would be to hold that the state of Indiana has power to regulate commerce between the states, a power it does not possess. Besides orders taken by traveling salesmen do not become con- tracts until approved at the home office. National Knitting Co. v. Bronner, 20 Misc. Rep. (N. Y.) Supreme Ct., 125. Again, it has been held that the doing of an occasional act of business within a domestic state does not constitute the doing business within the provisions of the statute relating to the regis- tration of foreign corporations. Blakeslee Mlfg. Co. v. Hilton, 18 Pa. Co. Rep. 553 (5 Pa. Super. Ct. Rep. 184). It was also held in the above case that "The words doing any business, as used in the act, should not be construed to mean taking orders or making sales by sample by agents coming into our state from another for that purpose. To hold otherwise would make the act offend against the constitution of the United States as imposing unlawful restrictions on interstate commerce." Therefore, it is my opinion that .a foreign corporation, -under our laws, may lawfully sell merchandise in Indiana by traveling salesmen without first complying with our foreign corporation act: LIBRARY, INDIANA STATE-CHANGE OF FISCAL YEAR IN RELATION TO CERTAIN APPROPRIATION. June 17, 1907. Hon. Demarchus C. Brown, Librarian, Indiana State Library, City: Dear Sir-You request my opinion as to what is the proper interpretation of the effect of the act of -March 9, 1907 (Acts 1907, p. 228), changing the fiscal year in its relation to an appro- priation made by act of March 9, 1907 (Acts 1907, p. 236). Section 3 of the latter act provides that: "There is hereby appropriated for the payment of the salaries of such legislative reference librarian and other assistants: and of the expenses and cost of supplies and publications necessary to effectually carry out the pro- visions of this act. the sum of fifteen hundred dollars, to be available on April 1, 1907, and the sum of four thou- sand dollars annually thereafter." Section 2 of the act changing the fiscal year is as follows: "That all regular appropriations made by any act of the general assembly of the state of Indiana for the fiscal year 1907 be. and the same are hereby reduced by one- twelfth of the amount thereof, and the same shall be pay- able only on or before the last day of September, 1907, and that any unexpended balance left of such appropria- tion after the last day of September, 1907, shall thereupon revert to and become a part of the general fund of the state of Indiana." Each of these acts came in force on March 9, 1907, and the purpose of section 2 of the act changing the fiscal year 1907, making it end on the last day of September instead of the last day of October, was to prevent officials from drawing salaries for twelve months for eleven months service, and to prevent the expenditure of money appropriated for twelve months expenses from being used for the expenses of eleven months, and hence, by the express terms employed in said section 2, it was made to apply only to "regular appropriations made by any act of the general assembly of the state of Indiana for the fiscal year 1907." The act creating a legislative reference department in the state library (Acts 1907, p. 236), as we have seen, came in force March 9, 1907, and the appropriation made by section 3 of the act became available on April 1, 1907, and was "For the payment of the salaries of such legislative reference librarian and other assistants, and of the expenses and costs of supplies and publi- cations necessary to effectually carry out the provisions of this act." Section 2 of the act fixes the salary of the legislative refer- ence librarian at fifteen hundred dollars per annum, but the fifteen hundred dollars appropriated was not all provided for his salary, for such salary could not begin until April 1st, and would end, so far as the fiscal year 1907 was concerned, on September 30. 1907. It is my opinion that the correct interpretation of this sec- tion is that said legislative reference librarian is to receive for the fiscal year ending September 30, 1907, a salary at the rate of fifteen hundred dollars per year for the time from April 1st to September 30, 1907, or one hundred and twenty-five dollars per month; in all, the sum of seven hundred and fifty dollars: and that the balance of said fifteen hundred dollars so appro- priated by said section is available to pay the expenses and costs of supplies and publications necessary to effectually carry out the provisions of the act. Wherever, under a regular appropriation made by any act of the legislature of 1907, appropriations are made for annual salaries or annual expenses, section 2 of the fiscal year act will apply for the purpose of reducing salaries and expenses one- twelfth, to correspond with the shortened year; but it is my opinion that the appropriations made by §3 of the act creating the legislative reference department of the public library are in the nature of specific appropriations to pay the salary of the legislative reference librarian for a part of a year only, namely: from April 1st to September 30th, and for the specific purpose of providing a fund for use in carrying out the purposes of the act from the date of its passage to September 30th, the end of the new fiscal year; and that §2 of the act changing the fiscal year has no application to it; that the whole of the fifteen hundred dol- lars appropriated by §3 of the act of March 9, 1907 (Acts 1907, p. 236) is available for the above uses. TOWN CLERKS-NO AUTHORITY TO CONDUCT INSANITY INQUESTS. June 17, 1907. Dr. S. E. Smith, Medical Superintendent, Eastern Hospital for the Insane, Richmond, Indiana: Dear Sir-Your communication of June 11, 1907, received, in which you request my opinion as to whether town clerks are authorized by the law to hold insanity inquests. Prior to the provisions of the act of 1901 (Acts 1901, p. 57), concerning town officers, town clerks had no judicial powers, but by the terms of that act it was provided that clerks of incor- porated towns should possess all of the powers of a justice of the peace, as defined by law. On April 26, 1901, and after the above act came in force, the Hon. William L. Taylor, construing it, together with the former acts prescribing who should conduct such inquests, gave it as his opinion that town clerks were not authorized by law to hold insanity inquests. (W. L. Taylor, Attorney-General, Report, Vol. 3, page 134). And again, on June 8, 1904, my predecessor, the Hon. Charles