It is, I think, clearly the purpose of said section to re-
quire you to collect, in advance, for all work mentioned
therein ; and that the State shall be entitled to a fee of one
dollar for every official attestation by you of any fact
whatsoever, unless such item is included in work for which
a charge in full is specified in said section.
Very respectfully,

Jos. H. Maupin,

Attorney General



REPORT OF THE ATTORNEY GENERAL. 39

The surplus revenue of 1890 may be used to pay warrants of 1891
in the absence of any different legislative direction.
Attorney General's Office, )
Denver, Colorado, May 25, 1891. \

Hon. John M. Henderson,

Auditor of State,

Dear Sir — By your favor of May 16, 1891, you submit
to me the following questions:

First — Does the act passed in the last session of the
General Assembly, entitled "An act in relation to the excess
and deficiency warrants of the State," refer to the surplus
revenues in the treasury at the date of the adoption of the
act, or merely to the surplus revenues to accumulate in
years subsequent to the adoption of the act?

Second — Whether or not you are authorized to transfer
from the surplus revenue of the year 1890 sufficient amounts
to make good warrants drawn against the revenue of the
year 1891 for indebtedness contracted in the year 1890?

In answer to which, permit me to say that it is my
opinion —

First — ^That the act in question relates wholly to the
surplus to accumulate from the revenues of years subse-
quent to the adoption of the act.
