ELEVENTH ANNUAL YEAR BOOK— PART VI 325 



Section 1657-i, Supplement to the Code, in so far as it is material to 

 the inquiry here provides: 



"The hoard shall have full control of the state fair grounds and im- 

 provements thereon belonging to the state, with requisite powers to 

 hold annual fairs and exhibits of the productive resources and industries 

 of the state. They may prescribe all necessary rules and regulations 

 thereon. The board may delegate the management of the state fair to 

 the executive committee and two or more additional members of the 

 board; and for special work pertaining to the fair they may employ an 

 assistant secretary and such clerical assistance as may be deemed neces- 

 sary. All expenditures connected with the fair, including the per diem 

 and expenses of the managers thereof, shall be recorded separately and 

 paid from the state fair receipts. * * *" 



Section 1657-k provides, among other things, for the election by the 

 State Board of Agriculture of a secretary who is required to perform the 

 duties of that office under the direction of the board, and the section in 

 addition prescribes certain specific duties which must be performed by 

 him, but does not require him to devote his whole time to the work 

 of the office of secretary. 



Section 1657-n of the Supplement to the Code, among other things, 

 fixes the salary of the secretary at not to exceed eighteen hundred dol- 

 lars ($1,800) per annum. 



When this question was first suggested I was strongly of the opinion 

 that the State Board of Agriculture, through its executive committee 

 could not legally authorize the payment to its secretary of this additional 

 twelve hundred dollars ($1,200) for acting as clerk of the executive com- 

 mittee in charge of the state fair. At that time, however, I was labor- 

 ing under the impression that all of the receipts of the state fair and 

 exposition were covered into the state treasury, and that this extra 

 clerk hire was to be drawn therefrom. Upon a more careful examination 

 of the several provisions of the law creating the State Board of Agri- 

 culture and authorizing the holding of a state fair and exposition, I find 

 that no part of the receipts of the fair and exposition are turned into 

 the state treasury, but are held by the treasurer of the State Board of 

 Agriculture, and, except in payment of premiums, is paid out on warrants 

 signed by the president and secretary thereof. The board's power with 

 respect to the employment of clerical assistance seems to be without 

 limitation, and the amount of the compensation of clerical assistance is 

 left wholly within its discretion. 



These facts, when considered with the fact that the law does not 

 in terms require the secretary of the Board to give his whole time to the 

 work of that office, warrants the conclusion that under existing statutes 

 the State Board of Agriculture was within the law in passing the reso- 

 lution referred to in your communication, and the action of the executive 

 committee is not open to legal objection. I would suggest, however, 

 that because of the question that might easily arise as to the propriety 

 of this action of the board and executive committee, notwithstanding its 

 legality, that the legislature at its next session be asked to amend the 



