It has been held that "Mrs." is not part of a wife's name; it merely designates her as a married woman. It is equally certain that the initials of her husband are not her surname; therefore, the legal registration of the wife should be in her own name, as, for instance, "Rebecca L. Elberson."

I think, to make the matter clear and beyond dispute, judges of election should register all women according to their Christian names, and not according to their husbands' names. I have no doubt in my own mind as to the correctness of this proposition.

However, I am equally certain that if they once vote, the ballot cannot be rejected on account of the mistake, if they are otherwise qualified as electors.

I might call attention to State vs. Richards, 42 N. J. L., 69; Schmidt vs. Thomas, 33 Ill. App. Ct., 109.

Yours respectfully,

N. C. MILLER,
Attorney General.

SECRETARY OF BOARD OF HORTICULTURE.

Secretary of State Board of Horticulture entitled to mileage when traveling in the discharge of the duties of the office.

June 4, 1905.

HON. ALFRED E. BENT,

Auditor of State,

Capitol Building.

Dear Sir-I am in receipt of your communication, setting forth that Mrs. Martha A .Shute, Secretary of State Board of Horticulture, has presented a voucher to your office for mileage due her as secretary of said board while traveling, I presume, in the discharge of her official duties, and asking if she is entitled to such compensation.

Section 4 of the act creating the State Board of Horticulture, Session Laws of 1897, page 60, provides that:

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The secretary shall receive a salary of one thousand dollars ($1,000) and mileage at the rate of five (5) cents per mile for every mile necessarily traveled in the proper discharge of official duties

*

*

The language of this section is perfectly clear and unambiguous, and as I am unable to find any law in conflict with its provisions, I can see no reason why you should refuse to honor this voucher; provided, of course, that the mileage was earned

by her while neccessarily traveling in the proper discharge of the official duties of said office.

Respectfully,

N. C. MILLER,

Attorney General.

By I. B. MELVILLE,

Assistant Attorney General.

STATE AUDITOR.

Compilation of statutes governing the disbursement of moneys by the several boards and State institutions.

HON. A. E. BENT,

February 9, 1905.

Auditor of State,

Denver, Colorado.

Dear Sir-In reply to your letter of January 25, 1905, making inquiry concerning the auditing of warrants drawn by the various boards and State institutions, I beg leave to report as follows:

Girls' Industrial School:

3 Mills' (Rev.), 2200-al-2200-bl.

Mute and Blind School:

2 M. A. S., 3251, 3252, 3258, 3259.

Normal School:

2 M. A. S., 4131; 3 Mills' (Rev.), 4134-c.

School of Mines:

2 M. A. S., 4083.

State University:

2 M. A. S., 4593, 4600.

2 M. A. S., 4612 (Regents' mileage, etc.).

Boys' Industrial School:

1 M. A. S., 2170.

Agricultural College:

1 M. A. S., 41, 61, 74, 76, 85, 86, 93.

3 Mills' (Rev.), 384-c; Gen'l Appr. Bill each year.

Soldiers' and Sailors' Home:

3 Mills' (Rev.), 4108-c, 4108-k.

Reformatory:

2 M. A. S., 4140, 4164-5; 4172-3.

Penitentiary:

2 M. A. S., 3426, 3431, 3437, 3442, 3443, 3444, 3471.

3 Mills' (Rev.), 3409.

Insane Asylum:

2 M. A. S., 2971.

Dependent Childrens' Home:

3 Mills' (Rev.), 422-v.

3 Mills' (Rev.), 422-c.

Bureau of Mines:

3 Mills' (Rev.), 3215, 3216.

Board of Law Examiners:

See General Appropriation Bill each year.

Board of Health:

3 Mills' (Rev.), 3546-a, 3546-d (inc.), and Appr. Bill, 1903, page 93.

Board of Charities and Corrections:

3 Mills' (Rev., 384-c; Gen'l Appr. Bill each year.

Board of Pardons:

3 Mills' (Rev.), 1506-e, and Gen'l Appr. Bill each year.

Bureau of Protection:

See Appr. Bill for this purpose, Session Laws 1903,

page 94, section 3.

Capitol Building Appropriations:

See appropriations for this purpose, Session Laws 1903, page 96.

Dairy Commissioner:

3 Mills' (Rev.), 8-b, and Gen'l Appr. Bill.

Fish and Game Department:

3 Mills' (Rev.), 2054.

Horticultural Board:

3 Mills' (Rev.), 2142-a, 2145, 2145-a.

Historical and Natural History Society:

See Gen'l Appr. Bill, Session Laws 1903, page 62.

Stock Inspection Board:

3 Mills' (Rev.), 4233-b, 4233-c, 4233-d, 4233-e, 4233-f.

Board of Medical Examiners:

2 M. A. S., 3559.

I desire to call your especial attention to the general powers of the Auditor, as found in the chapter concerning the executive department, and in this regard I would say that it is your duty, whenever it is discovered, to reject any claim which for reasons within your knowledge, is fraudulent or objectionable. This is what the office of State Auditor is constituted for.

I also desire to call your attention to section 3535, M. A. S., and would advise that if these papers are not in your possession, they should be called for. All these leases, so far as they concern the various boards, should be accompanied with the approval of the board.

I believe this covers all you ask for in your letter.

A reference to the statute cited in each case will make plain your duty concerning the disbursement of moneys under the special funds.

Yours very truly,

N. C. MILLER,
Attorney General.

STATE BOARD OF HORTICULTURE.

The procedure to be followed by a county horticultural inspector against persons owning or being in charge of orchards infested with insects, pests or their eggs.

February 27, 1906.

MRS. MARTHA A. SHUTE, Secretary,

State Board of Horticulture,

State Capitol, Denver, Colorado.

Dear Madam-I am in receipt of your favor of the 27th inst., enclosing a letter addressed to you from Mr. J. F. Myser, Hor ticultural Inspector for Garfield county, Colorado, in which an opinion is requested from this office as to what action can be taken by a county horticultural inspector against parties living within his county who refuse to spray their fruit trees, and in reply I beg to advise you:

Section 1, Chapter 102, of the Sessions Laws of 1899 (3 Mills' Revised, 2146-g), amended section 7, chapter 55, of the Session Laws of 1897, which provided the procedure to be followed by the county horticultural inspector in cases of this kind.

The above law, now in force, provides, in brief, that whenever a county horticultural inspector shall find any orchard, nursery or trees infested with insects or pests or diseases injurious to fruit, fruit trees, vines, bushes or any other horticultural interests, he shall serve a notice upon such owner or person in charge that such a state of affairs exists, and shall give such per son a formula for the treatment thereof, whereupon the latter shall proced to destroy such insects, or pests, or their eggs or larvae.

In case such owner or person in charge, after having been notified as above provided, shall fail, neglect or refuse, within a reasonable length of time, to use such formula or to destroy such insects, pests or their eggs or larvae, he shall be deemed guilty of maintaining a public nuisance, and shall be punished by fine in a sum not less than five dollars nor more than one hundred dollars; and after conviction in any county or district court, such orchard, nursery or trees shall be adjudged a public nuisance, and shall be punished by fine in a sum not less than five dollars nor more than one hundred dollars; and after conviction in any county or district court, such orchard, nursery or trees shall be adjudged a public nuisance, and the court, in its judgment, shall order the said inspector to abate such nuisance,