the statute seems to require that the State Engineer shall submit his findings to the Governor for his action, yet it makes no provision for any action by the Governor, other than that in case of the recommendation by the State Engineer in his findings that the suspension of the water commissioner be made permanent, the Governor shall appoint some competent person to fill the vacancy. So that in the absence of any decision of a court on the matter, I am of the opinion that only in the case of a suspension recommended to be made permanent has the Governor anything to do in such cases. It will be seen that there is no provision for the payment of the costs of the trial, other than the provision requiring complainant to put up a bond to cover the reasonably necessary expenses in case the charges are not sustained; but 1 would recommend that the practice of the courts be followed in order that the funds of your department may not be used therefor, requiring each party to advance his proportion of the expenses incurred in such hearing and trial, as I think this would be a reasonable rule and regulation.. I would further advise that the division engineer endorse upon each and every pleading and paper filed with him the date of its filing, and enter the same upon a docket book kept as dockets of courts are kept; and that you also keep a docket book for such cases, and endorse upon the pleadings, papers and testimony filed with you, the date of their filing. The oral testimony, when reduced to writing, should be signed by the witnesses respectively at the end thereof. As the statute does not give the power to the division engineer to administer oaths, it would be advisable that the stenographer should also be a notary public to swear the witnesses before the testimony is taken. I enclose herewith a form of notification, affidavit of serv ice, and, also, form of bond to be required by the division engineer. Respectfully, N. C. MILLER, By HENRY J. HERSEY, FISCAL YEAR OF COUNTIES. The fiscal year for counties shall commence on the first day of January.of each year. MR. C. I. CRISSY, Denver, Colo., January 22, 1904. Special Agent, Department of Commerce and Labor, Trinidad, Colo. Dear Sir-In reply to your letter of the 18th inst., in regard to the fiscal year of counties of this State, I beg to refer you to section 1, page 111, of the Session Laws of Colorado for the year 1891, or 3 M. A. S., 799a, which provides that the fiscal year of each county in the State shall commence on the first day of January in each year. This act makes the fiscal year uniform for all counties, and takes the question of deciding the time when the fiscal year shall commence entirely out of the hands of the board of county commissioners. Yours respectfully, N. C. MILLER, By I. B. MELVILLE, Assistant Attorney General. DIRECTORY PROVISIONS. Forms attached to an act are directory only, and should be construed to carry out the intention of the legislature, as expressed in the mandatory part of the bill. A permit becomes void upon proof of the violation of the law. Each person collecting must have a permit. It can not be given to any agent or assistant. Denver, Colo., May 15, 1903. HON. J. M. WOODARD, Game and Fish Commissioner, State Capitol. Sir-In reply to your favor of the 6th inst., as to the interpretation of certain portions of the act. "To protect birds and their nests and eggs," passed by the Fourteenth General Assembly, I beg to submit the following opinion: You first ask if it is obligatory upon you, in issuing permits, to follow the form given in the act. It is the general rule of law in regard to forms which are made a part of, or attached to, an act, that the form is directory only, and should be construed to carry out the intention of the Legislature, as expressed in the mandatory part of the bill. Endlich, on the Interpretation of Statutes, section 71, and notes. So that your duty in this case is to construe and adapt this form, to carry out the intention of the Legislature, as shown by the mandatory terms of the act. As to the length of time for which a permit should be granted, the Legislature undoubtedly intended to limit the maximum length of time to one year, and you have the right to determine when the fiscal year for permits shall begin and end, so as to facilitate the keeping of records thereof. The mandatory portion of the act says that a permit shall become void on proof that the holder has killed any bird, or taken the nest or eggs of any bird for other than scientific purposes, and that his bond shall be forfeited to the State, and, while it would be better for the proper authority to revoke the license in a formal way, so that the records of his office will properly show the same, still there is no question but what the proof of the violation of that law itself makes the permit void. As to your authority to issue a permit to read so as to permit any agent or assistant to collect for some other person, the law does not contemplate any such action upon your part, but, on the contrary, each person, whether the agent or otherwise, should have a permit to make the collection. I herewith enclose, as per your request, a suitable form of bond, endorsement and permit. Respectfully, N. C. MILLER, By I. B. MELVILLE, COMPENSATION OF JUSTICES OF THE PEACE It is the duty of justices of the peace who try violators of the game and fish law to immediately pay one-third of the fine into the treasury of the county where the crime was committed, and one-third to the commissioner, and one-third to the person instituting the prosecution, and to collect his own costs from the defendant. He is allowed no compensation from the fine for making his report. HON. JAMES WOODARD, Denver, Colo., March 10, 1904. Fish and Game Commissioner, State Capitol. Dear Sir-In reply to your favor of this date, concerning the right of a justice of the peace to deduct from the State's share of fines collected for violations of the game and fish laws of Colorado, a fee for turning the said money over to the Commissioner, or for making the written report in connection therewith, as required by sections 10 and 11 of said laws, I beg to say that section 10 plainly reads that "All moneys collected for fines under this act shall be immediately paid over by the justice or clerk collecting the same, as follows: One-third into the treasury of the county where the offense was committed; one-third to the Commissioner, and onethird to the person instituting the prosecution." And section 11 makes it his duty to report, in writing, the result of trials for such violations, and the amount of fine collected, if any, and the disposition thereof, to the Commissioner, at Denver. It will thus be clearly seen that this law allows the justice no further compensation, either for turning the money over to the Commissioner, or for making the written report other than the legitimate costs of the case to be taxed against the defendant when found guilty. The justice fee act makes provision for the compensation of justices of the peace, and it would be just as absurd to say that after a person had recovered a judgment in a justice court, and after the costs had been assessed to and paid by the defendant, that the plaintiff should be required to pay to the justice a fee for turning the money over to him. In case of the wilful violation of the provisions of sections 10 and 11 of this law by a justice of the peace, your remedy could be either by civil or criminal proceedings, as you might prefer. Yours respectfully, N. C. MILLER, Attorney General. By I. B. MELVILLE, Assistant Attorney General. KEEPING OF LAKES-LICENSE. Any person keeping a lake for the purpose of selling fish, or charging people for the privilege of fishing therein, must take out a State license. HON. J. M. WOODARD, Denver, Colo., October 22, 1903. Game and Fish Commissioner, State Capitol. Dear Sir-In reply to your favor of the 21st inst., as to the right of a person, without taking out State license therefor, to keep a private lake stocked with fish, protected by the laws of the State of Colorado, within this State, for the purpose of either selling the fish, or charging people for fishing therein and taking fish therefrom, I beg to refer you to Division C of the Game and Fish Laws of this State, Session Laws of 1899, at page 194. Section 1 provides that: "No person shall have in possession or keep or retain in captivity in any park, enclosure, lake or body of water, public or private, any living game or fish, unless the person having such possession, or the proprietor of such park, enclosure, lake or body of water shall procure a license therefor, as hereinafter provided," etc. Section 2 provides: "Any park, enclosure, lake or body of water maintained in violation of this act shall be deemed a continuing public nuisance, and may be abated as provided by law for the abatement of public nuisances and the game therein liberated," etc. Section 3 provides: "No person shall transport or sell, keep or expose or offer for transportation or sale any game or fish taken from any park, enclosure, lake or body of water, public or private, unless |