The State Entomologist may legally examine nurseries before June 1 and after October 1, in case he is unable to make all the examinations between those dates.

219 ENTOMOLOGIST (STATE) -PUBLICATIONS, ASSISTANT, ETC. June 19, 1907. Hon. Benjamin W. Douglass, State Entomologist, City: Dear Sir-Your communication of June 18, 1907, received, in which you request my opinion- First. As to how the publications required to be made by §2 of the act approved March 9, 1907 (Acts 1907, p. 291), and other sections, shall be paid for. Second. Does §2 of such act require you to send a copy of pamphlet required to be published, to all teachers in the state, or only to those applying for the same? Third. Do you have the power to appoint deputy or assis- tant inspectors and pay them out of the general appropriation made by §10 of said act I Section 1 of the act in question provides for the appointment of state entomologist, and fixes his term at four years and his salary at $1,500 per year. Section 2 provides that he shall devote his entire time to the duties of his office, and prescribes, in part, what his duties shall be, and, among other requirements, it is prescribed that: "He shall immediately upon taking his office prepare and cause to be published, and from time to time thereafter, in pamphlet form, all available information relating to San Jose scale and other injurious plant diseases, with the methods of detecting the same and the modes of treat- ment. He shall send a copy of such pamphlet to each town- ship trustee, city clerk, public school teacher and any other citizen of the state applying for the same for the purpose of informing the people of the history, habits and methods of eradicating injurious insects and plant diseases." It also provides that he shall make an annual report to the governor. Section 7599 Burns' Annotated Indiana Statutes 1901, pro- vides: "That all the printing, binding and stationery author- ized by law, at the expense of the state and chargeable to the state, shall be executed through, the commissioner and clerk in this act before named, and all laws author- izing printing, binding and stationery by any officer or institution, to be chargeable to the state, shall be construed to mean that the printing, binding and stationery of such officers or institutions shall be done through such commis- sioners." Under the provisions of this section of the law, and other sections concerning the duties of the commissioners of public printing, it is my opinion that the stationery and pamphlets re- quired by your office to be printed at the expense of the state through the commissioners of public printing, and that no part of such expense is to come out of the money appropriated by §10 of the act of March 9, 1907. In answer to your second inquiry, it is my opinion that you are required to send a copy of the pamphlet referred to in §2 of the act in question, to each township trustee, each city clerk, and each "public school teacher" in the state; and further than this, you are to send a copy of such pamphlet to any other citizen of the state who applies for the same. The purpose of the section is the dissemination of information among the people of the state for the purpose of informing them of the best methods of eradicating injurious insects and plant diseases, and that purpose would fail if the pamphlet referred to is only to be sent to persons applying for it, and from the lan- guage used in this section it seems clear, if it be held that you are only to send these pamphlets to public school teachers who apply for them, it would necessarily follow that you would only be required to send them to such township trustees and city clerks who apply for them. If it can be held that only public school teachers applying for the pamphlets are to be supplied with them, why were school teachers mentioned at all; for the act would mean the same if the three words "public school teacher" be eliminated. It would still direct that you send them to trustees, city clerks and "any other citizen of the state applying for the same," and the class last designated would include the school teachers. In answer to your third inquiry, it is my opinion that you are not authorized to appoint a deputy or assistant and pay him out of the appropriation provided in §10. Public officers- are not entitled to appoint deputies or assistants in the absence of authority given by the law. We have a statute prescribing who may appoint deputies and before a public officer is entitled to appoint an assistant or deputy he must be able to point to a law authorizing him to make the appointment. It is often the case that the duties to be performed by a public officer are of such a character that it would be unwise to have them performed by a deputy or an assistant, and it is for the legisla- ture to determine this question; and it may be that in the enact- ment of the law in question, in view of the technical knowledge required in the performance of the duties of your office, the legis- lature intended that the duties should only be performed by the state entomologist. Whatever its purpose was, the fact remains that it did not provide for the appointment of deputies or assist- ants, and hence, in my opinion, none may be appointed. The fact that it may be a physical impossibility for the state entomologist to examine all the nurseries in the state between January 1 and October 1, if brought to the attention of the law makers, might and probably would induce that body to provide an assistant, or extend the time in which such examinations may be made, but since it has not provided for such assistant, in my opinion you are not authorized to appoint or employ one and pay him out of the appropriation made. It is my opinion that you can legally examine nurseries before -Tune 1 and after October 1, in case you are unable to make all the examinations between these dates, and that the act requiring such examinations to be made between those dates is directory and not mandatory. INSURANCE-REORGANIZATION OF CERTAIN COMPAN- IES. June 20, 1907. Ilon. John C. Billheimer, Auditor of State, Indianapolis; Indiana: Dear Sir-You have requested my opinion upon the following question: Where a life insurance company organized under the act in force March 9, 1897 (Burns' Stats. 1901, Sees. 4914a-4914z) upon the assessment plan, afterwards reorganized as a mutual life insurance company under the act in force February 10, 1899 (Burns' Stats. 1901, Sees. 4894e-4894ol), can it again reorganize under the latter statute as a stock company? My opinion is that it can not. The act of 1899 intended to authorize old companies to reorganize and thereby obtain the benefit of that statute. The section permitting such reincorpora- tion reads as follows: "Any domestic corporation, association or society, or- ganized under any law of this state, transacting business