No portion of the Oliver P. Morton Monument Fund may be appropriated for the repair of Morton Plaza or for ceremonies accompanying the unveiling of the Morton statue.

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. The act creating the board of commissioners of the Oliver P. Morton Monument expressly limited its expenditures, so far as re- lated to the monument itself, to $35,000 - and it is clearly inferable from that statute that the legislaure contemplated this amount was to be devoted to the erection of the monument, and to the payment of the items specifically referred to in the act; such as expenses of the commission, advertising for bids, salary of secretary, and compensation of the supervising architect. There is nothing to indicate that any part of the $35,000 appropriation was to be spent in providing ceremonies at the unveiling. The duties of the board would be accomplished by having the statue erected, pursuant to the provisions of the act. I am therefore of the opinion that no part of the appropriation can be thus expended. The funds which have been raised by private contribution should be expended in like manner with those appropriated by the state. Section 3 of the act (Acts 1905, p. 48) states: - "That said commissioners are authorized to receive pri- vate contributions and to expend the same according to the provisions of this-act." As to the repair of the plaza, my opinion is that a reasonable sum may properly be expended to place the same in a proper condi- tion by restoring such portions as have necessarily been damaged in the course of the erection of the monument; but that it will not be permissible to make improvements in the plaza, not required for restoring it to its former condition of repair. FRATERNAL ORDERS-SUPREME SENATE, FRATERNAL OF FRATERNALS, FRATERNAL BENEFICIARY AS- SOCIATION. February 6, 1907. ion. Fred A. Sims, Secretary of State, Indianapolis, Indiana: Dear Sir-I am in receipt of your communication of the 22d ult., wherein you ask whether a supreme lodge of a fraternal order (Supreme Senate, Fraternal of Fraternals) can incorporate under the voluntary association law, or whether its organization is gov- erned by the fraternal beneficiary association act of this state. The sections of the former statute here involved read as fol- lows: (Sections 4583, 4584, 4589 Burns' Stats. 1901.) "Any number of persons, not dess than three (3), may