Montana Attorney General Opinion 17-143

Opinion No. 143. Legislature-Appropriations. An appropriation for salaries and ex- penses to the State Tuberculosis Sani- tarium does not permit an expenditure for new building. August 17. 1937. State Board of Examiners Capitol Building Gentlemen: You have submitted the question of whether the boarrl of examiners may legally approve a request bv the super- intendent of the Montana State Tuber- culosis Sanitarium to erect a 24 car garage at said sanitarium as a W. P. A. project. It is proposed that the insti- tution expend approximately $1,800.00 for materials and the W. P. A. will furnish the labor. House Bill No. 146. Laws 1937, page 628. provides for the following appro- priation: "STATE TUBERCULOSIS SAN- ITARIUM FROM THE GEN- ERAL FUND For salaries and expenses, ninety- eight thousand. five hundred dol- lars .......................................... $98.500.00 In addition thereto there is hereby appropriated all earnings and all other funds which may accrue to said institution." The terms "capital" and "salaries and expenses" are defined in Section I of said bill as follows: "(2) The term "capital," unless otherwise herein designated or de- fined, means all articles, fixtures and goods of a permanent nature, but in no event shall the term "capital" mean buildings or lands unless specifically defined herein." "(6) The term "salaries and ex- penses" means any expense, including salaries, capital, repairs and replace- ments and other operation, as defined above." The question is, does use of the phrase "salaries and expenses" mean any expense whatsoever, or does it include only the items enumerated in said section 6, and defined in sub- section (1)? The answer depends upon whether the word "including" in said sub-section (6) was employed as a term of enlargement, or as a term of limitation, or. of enumeration. This word is used in both ways and is susceptible of different shades of mean- ing. (See 31 C. J., Page 395, Section 3.) As used in the above worded section it is my opinion that the word was used as a term of limitation or enumeration, and not of enlargement. It is hardly conceivable that the Legislature in- tended to throw the door wide open and permit the appropriation to be used for any purpose or expense so as to include new buildings. The Leg- islature was careful to say in sub- section 2, supra, "In no event shall the term capital mean buildings or lands unless specifically defined here- in." There would be no limit and no stopping place if money appropriated for salaries and expenses could be used for new buildings. If it could be so spent, thousands of dollars could be spent for new buildings, and in that event no money would be left for salaries, capital, repairs, replacement and operation. It is interesting to note that in 1935 the Twenty-fourth Legislative Assem- bly, which employed exactly the same definition on House Bill No. 489, page 461, Laws 1935, after making appropri- ations for "salaries and expenses" for the State Soldiers' Home added "for new water system, new bakery and cold' storage building, $12,000.00. The Leg- islature did not rely upon the term OPINIONS OF THE ATTORNEY GENERAL 161 "salaries and expenses" to include new buildings or construction. It is therefore my opinion that the Board of Examiners may not legalJy approve the request and that the money appropriated for the State Tuberculosis Sanitarium for "salaries and expenses" may not be used for materials for new building.