If the needs of the Northern Hospital for the Insane are so pressing so as to cripple it in performing its public functions, it has the power to devote its aid so much of the emergency fund as, in its discretion, is proper.

240 lation and gives your orders more force and authority of law. It is a well known principle of statutory construction that where a later statute covers'the whole ground of the earlier and plainly shows that it was intended to be a substitute for the earlier act, the later act will operate as a repeal of the former law, even though the two are not repugnant. But to this general rule there is a well defined exception to the effect that where the revisory statute declares what effect it is intended to have on the former only such effect can be given it. Within the exception come all cases where the act itself provides that such provisions of the earlier act as are inconsistent with it are to be repealed, only the inconsistent provisions being thereby repealed. Patterson v. Tatum, 3 Lowry (U. S. ) 164; Barden v. Wells, 14 Mont. 462; Lewis v. Stout, 22 Wis. 34; End. Int. Stat. Sec. 203; Am. & Eng. Encyc. 26, p. 733; State v. Pollard, 6 R. I. 290; Cooley on Tax. 2 ed. 199; Robinson v. Rippey, 111 Ind. 112; The State v. Wells, 112 Ind. 237. Section 11 of the acts of 1907 reads as follows: "All laws and parts of laws in conflict are hereby repealed." I am therefore of the opinion that section 8 of the act of 1899, not being in conflict with the act of 1907, is not repealed. INSANE, .NORTHERN HOSPITAL FOh-USE OF PORTION OF GOVERNOR'S EMERGENCY CONTINGENT FUND TO SUPPLY DEFICIENCY IN AMOUNT NECESSARY TO COMPLETE TWO NEW COTTAGES. July 9, 1907. ion. J. Frank Hanly, Governor of Indiana, Indianapolis, Indiana: Dear Sir-In your communication of July 1 you ask whether certain correspondence from the superintendent and board of trustees of the Northern Hospital for the Insane, submitted there- with, discloses such an emergency as will legally justify you in using a portion of the emergency fund for the benefit of that institution. The papers enclosed show that the board of trustees entered into contracts for the construction of two new cottages, which contracts, for the most part, called for material only and did not include labor; that in the estimate made by the board, they assumed the then prices of skilled and unskilled labor would re- main substantially the same for some time to come; but they have increased during 1906 and 1907 in per cents, varying from 8i4o to 50%. Consequently the appropriation of $80,000 made by the legislature in 1905 has become insufficient by about $8,000, which latter amount is now needed to complete the buildings already under way. You state that the matter is of great im- portance to many people as the need of the two cottages is im- perative. The general assembly of 1899 created an emergency contin- gent fund to "meet accidents in any of the penal, benevolent or reformatory institutions of the state" (Acts 1899, p. 533). In 1901 the objects for which the fund might be expended were en- larged to include "accidents or other requirements in any of the penal, benevolent or reformatory institutions of the state," (Acts 1901, p. 394). This statute was re-enacted in 1903 (Acts 1903, p. 302). In 1905 and 1907 no limitation was placed upon the appro- priation; (see Acts 1905, p. 502; Acts 1907, p. 672).. The evident purpose of the legislature was to enlarge, not restrict, the purposes to which the find could be applied. One of these was formerly "to meet accidents and other requirements in any 0 -1 0 benevolent institution." Hence, under the ex- panded scope of the appropriation, it may still be used for such requirements of the benevolent institutions of 'the state as, in your discretion seem to necessitate the expenditure. I am therefore of the opinion that if, in your judgment, the needs of the institutions are so pressing, that to deny it the relief requested, would seriously cripple it in performing its public functions, to the grave inconvenience of the district in which it is located, you have the power to devote to its aid so much of the emergency contingent fund as, in your discretion, you regard as proper. INSANE, EASTERN INDIANA HOSPITAL FOR-USE OF SPECIFIC APPROPRIATION OF $60,000. July 13, 1907. Dr. S. E. Smith, Medical Superintendent, Eastern Indiana Hospi- tal for Insane, Richmond, Indiana: Dear Sir-Your favor of July 11th asks whether the manage- ment of the Eastern Hospital for the Insane are authorized to [16-19395]