STATE HORTICULTURAL SOCIETY. 255 



tended as aa absolute and compulsory restriction upon every disbursement <rom the treabury, except 

 under the sanction of a legislative appropriation Hpecifying distinctly the object t<i which it ia to be ap- 

 plied, thus imposing a salutory and needed check upon the disbursement of the public funds. " 



Now the questiou is, what is the object to which the money appropriated by the law under consider- 

 ation, was intended, by the legislature, to be applied. 



1st. It is an annual appropriation and if not all drawn or used duirng any one year, the balance 

 would not be available in any subsequent year. Opinion of Judge Cornell, p. 260 Opinions Atty's 

 Oeneral. 



2nd. A number of specific objects are enumerated, all of which are in the nature of current expenses 

 viz.: distribution of annual reports, collecting data, procuring a place for books, &c. (rent) payment 

 of the salary and expenses of secretary and committees, &c. Then follows the provision under which 

 the Society claims the right to set aside a part of the money to create a fund to pay premiums in the 

 future, viz : "aiic? other uses that may in the opinion of the hoard of directors he deemed necessary and 

 proper.'''' Two familiar rules of construction are that ''the expression of one is to the exclusion of all 

 others," and "the enumeration of one class excludes all others not of a s^imilur class." Hence the 

 words "and other uses'" must be held to mean '■'■other uses similar to those heretofore enumerated in 

 the la%o, that may be in the opinion of the board of directors be deemed necessary and proper." 



In other words any other necessary and proper use that will annually, during any one year, "aid the 

 Society in its work " The statute is an appropriation for current aid only and the funds cannot be al- 

 lowed to accumulate and then be drawn, or be drawn and then accumulated for any purpose or object 

 however praiseworthy. 



Yours Truly, 



William J. Hahn, Attorney General. 



The present financial condition of the Society as shown by the treasurer's report, 

 is very satisfactory. 



The following is a statement of receipts and disbursements by the Secretary 

 from January 24, 1885, to January 18, 1886, as shown by itemized statement sub- 

 mitted : 



Secretary's financial statement. 



RECEIPTS. 



Membership fees $51 00 



Warrant on Treasurer 13 66 



Balance due Secretary 35 55 



Total $100 21 



DISBURSEMENTS. 



Stamps, envelopes and postal cards $46 38 



Expressage, freight and drayage 25 06 



Printing 18 75 



Delegates at hotel 5 00 



Stationery 3 35 



Railroad fare and telegram 7 67 



Total $100 21 



Respectfully Submitted, 



S. D HiLLMAN, Sec'y- 



