It is the duty of the outgoing Supreme Court clerk to turn over to the incoming clerk all fees and moneys of every kind not belonging to such outgoing clerk, having been received in an official capacity.

person had participated in any manner in the examination of the books, papers and securities of such company, and regardless of whether you intend that such person conducting such examination of such officers shall examine the books, papers and securities of such company, further than will be necessary to the proper conduct of such examination of such officers, under oath. EX-CLERKS OF SUPREME AND APPELLATE COURTS- REQUIRED TO TURN OVER FEES TO THEIR SUCCES- SORS IN OFFICE. February 4, 1907. Edward V. Fitzpatrick, Clerk of the Supreme Court, Indianapolis, Indian a : Dear Sir-Under the law it is clearly the duty of the outgoing clerk to turn over to the incoming clerk all fees and moneys of every kind and character not belonging to such outgoing clerk, which have been received by him in his official capacity, and there is no possible way by which the title to any fees collected by the clerk of the supreme court, for and on behalf of officers other than himself, can ever vest in such clerk. It is my opinion that these fees in the hands of the clerk remain the property of the officers in whose favor they were taxed, and that there ought to be a law enacted whereby these fees would escheat to the state after a rea- sonable length of time, say two years from the date when the same were paid, and it ought to be made the duty of the clerk to notify by mail all persons in whose favor such fees are taxed and collected that such fees have been paid in. MORTON iVONUMENT-USE OF FUND FOR REPAIRING MORTON PLAZA. February 6, 1907. Dr. Warren R. King, Greenfield, Indiana: Dear Sir-You have requested my opinion upon the questions whether any portion of the Oliver P. Mforton Monument Fund can be used in repairing the Morton Plaza, and for the ceremonies ac- companying the unveiling of the M\Iorton Statue. You state that the commission has on hand the $35,000 appropriated by the Gen- eral Assembly in 1905, and from $1,500 to $2,000 collected from private donations.