Whether the Custodian of Public Buildings can appropriate unexpended water funds for the purpose of drilling, constructing, and equipping a well.

For the reasons above given, I do not consider you have any authority to make the operation of the act depend upon whether the article is advertised to be a "food," or "feed," or as possess- ing nutritive properties. If it is such a compound or substance as was generally known as a condimental food, poultry food, stock food, patented, proprietary or trademarked stock or poultry food or feed, prior to the enactment of the law of 1907, it is with- in its provisions, whatever be its name. Whether it is such a food is a fact which must be ascertained in each case as it arises. I am therefore of the opinion that the test should be, not what word is used to describe the article nor whether it is advertised to possess nutritive qualities, but whether before the enactment of the statute, it could properly have been described by and of the inclusive terms used in section 11. CUSTODIAN OF PUBLIC BUILDINGS-DRILLING, CON- STRUCTING AND EQUIPPING WELL ON STATE HOUSE GROUNDS. June 22, 1907. Hon. Otway A. Baker, Custodian of Public Buildings, City: Dear Sir-In your communication of June 21, you-ask whether you may lawfully appropriate an unexpended balance of the water fund for the purposes of drilling, constructing and equip- ping a well upon the state house grounds, and whether, for such purposes, you have the right to draw upon the repair and supply fund or the labor fund, or upon all of these. I am of the opinion that the repairs and supply fund can not properly be used for the objects stated. You are permitted under §7783 Burns' Stats. 1901, to "purchase supplies" and "cause repairs to be made" to the state property: but drilling a well does not fall under either of these designations. Section 7784 Burns' Stats. 1901, empowers you to "contract for and have supplied all water 0 0 4 required in the con- venient and efficient discharge of the duties" of the several branches of the state government. You are also, by the same section, authorized to employ all such labor as may be required in carrying out the duties imposed by the act. The appropria- tion law of 1905 provides for a water fid of $2,800. I am of the opinion that if, in your opinion, it is advisable that a water supply be secured by drilling a well on the state house premises, the matter falls within the authority conferred upon you by law; provided, that all contracts and expenditures made in connection therewith are first approved by the auditor of state. It is my understanding of the law that you may also use for these purposes, any unexpended balance of the labor fund, to procure the necdssary labor incident to the drilling, constructing and equipping of such well. OPTOMETRY-WHO MAY BE REGISTERED; PEDDLERS, ETC. June 24, 1907. ion. John H. Ellis, Secretary South Bend, Indiana: Dear Sir-Your communication of June 22 received in which you request my opinion: First. Whether an individual can canvass for the sale of spectacles from house 'to house and town to town, and be con- sidered as practicing optometry in the meaning of the optometry act. Second. Can a man devote eight or ten hours a day soliciting patronage from town to town and from house to house, and claim that he maintains a permanent office in his residence, and where he has no apartment arranged so as to represent a public office ? Third. Can a man register under the exemption clause of the act, who accepts a position in a music store in another state? Can he be considered to be in the actual and continuous practice of optometry in the meaning of the act? Section 4 of the act approved March 9, 1907, (Acts 1907, p. 311) defines the practice of optometry and is as follows: "That the practice of optometry be defined as follows: The employment of mechanical means for testing and meas- uring the refractive and accommodative conditions of the eye, without the employment of drugs or medicine, and the measuring and grinding of lenses, the fitting, bend- ing and adjusting of spectacles and eye glasses with lenses for the betterment of vision. Provided, That the fitting or peddling of spectacles and eye glasses by itinerant opti- cians prior to this act shall not be construed to mean the practice of optometry in the meaning of this act." Section 3 of the act in question provides: "Every person before beginning the practice of op- tometry in this state, after the passage of this act, shall pass an examination before the state board of examiners."