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power to release a prisoner upon parole under the indeterminate sentence law must be found in the statute.

As there is no authority for releasing a prisoner upon parole prior to the expiration of the minimum term, I am of the opinion that his release upon parole prior to that time cannot be ordered.

Respectfully,

JNO. E. BIRD,

Attorney General.

PRINTING

PROCEEDINGS OF BOARD OF SUPERVISORS.— Method of estimating number of folios. Legal folio is one hundred

words.*

January 9, 1908.

Mr. Charles C. Hansen, County Clerk, Menominee, Michigan.

Dear Sir-I am in receipt of your letter of the 28th instant wherein you state that a printing firm, awarded the contract for printing the proceedings of the board of supervisors at a price of sixty cents per folio, has charged for two hundred four folios estimating the same by measurement, one running inch being charged as one folio; while the number of folios computed by counting one hundred words as a folio in accordance with the provisions of section 11239, C. L. 1897, is one hundred thirty-two. The opinion of this department is requested upon the question of which of the above methods is the correct method for computing the number of folios.

For answer thereto would say that this question was before the Supreme Court in the case of

Thornton v. Sturgis, 38 Mich., 639,

where the publishers of a newspaper brought suit against a village for the amount of a printing bill. It appears from the opinion in that case that the folios were not counted, but were estimated, according to the testimony of one of the plaintiffs, as follows:

"In making my estimate of the space occupied by a folio, I took one hundred words out of a solid space and then measured the whole space without allowing for blank spaces: I counted every inch one hundred words, whether it had one hundred words in it or not."

The court there said:

"The judge correctly instructed the jury that a legal folio was one hundred words,"

citing section 11239, C. L. 1897, above referred to. This decision fully disposes of the question you submit.

*See also opinion to Michael J. Doyle, January 16.

Respectfully,
JNO. E. BIRD,
Attorney General.

CONSTITUTIONAL

CONVENTION.-DAILY

JOURNAL AND JOURNAL OF DEBATES. Printing of, to be done in same manner as legislative journals. Pamphlet work for the legislature reference bureau are governed by the same rules.

To the Board of State Auditors, "Capitol," Lansing.

January 9, 1908.

Gentlemen-I have the communication of the Robert Smith Printing Company, under date of December twentieth, which was recently referred to this Department. This communication reads as follows:

"We understand that by authority of your Board, the State Printer is doing the binding of the Constitutional Convention Daily Journal; the Journal of Debates; and some pamphlet work for the Legislative Reference Bureau. We would be pleased to have you advise us if we are wrong in the matter.

Referring to the first-named work, we have had some conversation with Mr. Sheldon, and we understand that this work is considered as being similar to the Daily Legislative Journal, and therefore should be bound by the State Printer under the terms of his contract. Inasmuch as the contractors have been held under the contracts very strictly and rigidly to the letter of the specifications, it seems to us that we should receive all binding work not specifically called for in the printing contract, and that the above mentioned binding should be done by the State Binder, rather than by the State Printer. We see no reason why we cannot give satisfactory service, and lacking a trial, any presumption to the contrary would hardly be warranted.

Will your Board kindly advise us in the matter?"

The Daily Journal and Journal of Debates referred to in the communication in question are required by the Constitutional Convention and authorized by Section 7 of Act No. 272 of the Public Acts of 1907, which provides, in part, that:

"The journals and debates of the convention shall be published in such form and style as may be determined by the convention, and when so published they shall be deemed the official records of such convention. All claims for paper, stationery, printing and binding shall be audited, allowed and paid by the Board of State Auditors in the manner provided by law and contracts therefor."

It was the evident intent of the Legislature, in the passage of said Act No. 272, to require the expense of the printing and binding of such matters as should be authorized by the Constitutional Convention to be paid by the Board of State Auditors in accordance with the provisions of the present law and existing contracts. However, I find no item in either the printing or binding contract which expressly governs the printing and binding of the Constitutional Convention Daily Journal or Journal of Debates. I understand that, in case certain printing or binding is ordered, which does not come within the express terms or language of any item in the printing or binding contract, your Board has the unquestioned right and authority to agree with either the printing or binding contractor as to the item which shall be considered governing. The printing and binding of the Constitutional Convention

Daily Journal and Journal of Debates is carried on by the State Printer under items 4 and 4a of the present printing contract. These items read as follows:

"4. For composition on Daily Legislative Journals, per 1,000 ems. 32. 4a. For press work on Daily Legislative Journals, binding included, ...45."

per token of 250 impressions of 8 pages..

The Daily Legislative Journals and the Constitutional Convention Daily Journal and Journal of Debates are practically indentical, in so far as form and requirement are concerned. In the absence of an item under which the printing and binding of the Constitutional Convention Daily Journal and Journal of Debates would come, the items above referred to in the present printing contract would be governing. The necessity for requiring the State Printer to both print and bind the Legisla tive Journals is apparent. The same necessity is apparent in the case of the printing and binding of the Constitutional Convention Daily Journal and Journal of Debates. The State Printer is very properly doing the printing and binding of the Constitutional Convention Daily Journal and Journal of Debates, and the action of your Board has not caused an interference with any of the rights of the State Binder under its contract.

The other matters referred to are governed by the foregoing rules. Very respectfully,

JNO. E. BIRD,
Attorney General.

PRIMARY ELECTION LAW.-RE-APPORTIONMENT OF
OF 1907.
Effect in 27th state senatorial district to which Missaukee county, a
non-primary county, was added, method of procedure under act 181,
P. A. 1905 and Special session act of 1907.

Hon. Fred C. Wetmore, Cadillac, Michigan.

January 9, 1908.

My dear Sir--Your communication of January fourth, relative to the new primary election law, is received. Your communication states, in part, that:

"In the old twenty-seventh senatorial district, as it existed before the reapportionment of 1907, the Republican party had adopted the system of direct nomination of candidates for state senator, and operated under that system in 1906. Under the reapportionment of 1907, Charlevoix county was taken out of the twenty seventh district, and Missaukee county was added to the district. Missaukee county was formerly a part of the twenty eighth senatorial district, which was a non-primary district. As the district is now constituted, every county except Missaukee was in 1906 a primary county, as far at least as the nomination of Republican candidates for state senator was concerned. What we particularly want to know at this time is whether, under the primary election law, passed at the special session of the legislature, we can continue to nominate Republican candidates for state senator by direct vote, without again submitting the question to the Republican voters of the district; and whether, in case the question is not again submitted at

the April election this year, we will return to the convention system. In case we are obliged to nominate Republican candidates for state senator in this district under the convention system, what authority exists for the calling of a district convention, and upon what person or body devolves the duty of calling such a convention."

Section 1 of the Primary Election Act passed at the Special Session of the Legislature of 1907, clearly contemplates that the enrolled voters of any political party in any city, county or district, shall vote in favor of direct nomination of party candidates therein, before the provisions of said act shall be operative, except as specified in the proviso in said first section. This proviso reads as follows:

"Provided, That any political party which has adopted and is operating under the direct nominating system provided for in act number one hundred eighty-one of the Public Acts of nineteen hundred five, in any city, county or district, shall not be required to submit or re-submit the question of direct nominations of party candidates in order to operate under the provisions of this act, but all such political parties shall hereafter nominate party candidates by direct vote in the manner herein provided until otherwise determined as provided in this act."

In accordance with the language of this proviso, any political party in any city, county or district which has adopted and is operating under the provisions of Act No. 181 of the Public Acts of 1905, is not required to submit the question of direct nomination of party candidates to the enrolled voters of such political party, in order to have the present primary election law applicable. However, the question of direct nomination of party candidates has never been passed upon by the enrolled voters of any political party in the twenty-seventh senatorial district as now constituted. The district has been changed and a county whose voters never expressed any choice in the matter has been added. No political party having voted upon the proposition of direct nominations of party candidates in the said senatorial district, if it is desired to select party candidates in said district in accordance with the provisions of the present primary election act, it will be necessary to have the proposition submitted to the enrolled voters of each political party, in the manner now provided in said primary election act. In case the question is not submitted in said district by any political party, the candidates of each political party will be selected in convention. The ordinary party machinery of the different political parties may be used, in order to effect this purpose. It is true, as you state, that political committees are not usually created by act of the legislature, but that they are in the nature of voluntary organizations. This fact will assist in the determination of the question. Those political parties which did not adopt the provisions of Act No. 181 of the Public Acts of 1905 will have the necessary party organization, and if other political parties fail to submit the proposition of direct nomination of party candidates at the April election, or if it fails to carry, the members of the political party may proceed in the usual manner to provide for the election or appointment of the necessary committees and the holding of caucuses and conventions.

Very respectfully,

JNO. E. BIRD,
Attorney General.

INSURANCE LAW.-LIFE INSURANCE POLICY "LOANS." "Table of Loan Values" compared with "Table Non-forfeiture values." The proposed provision, by holding a policy as void when the loan and accrued interests equals the cash value, fails to meet the requirement of the Insurance law. Sec. 1, Act 187, P. A. 1907.

January 9, 1908.

Hon. James V. Barry, Commissioner of Insurance, "Capitol," Lansing, Michigan.

Dear Sir-I am in receipt of yours of the 4th instant submitting a life insurance policy and requesting our opinion as to whether its loan provisions comply with the seventh and ninth provisions of section one of Act 187, Public Acts of 1907.

The loan provision contained in this policy is as follows:

"The insured can obtain cash loans on this policy at the time and in the amount as specified in the table of loan values, provided the premiums have been paid in cash to the end of the policy year next following the date when the loan is made, by executing a proper certificate of loan on the Company's form therefor, and depositing this policy with the Company as security, interest, payable in advance, will be at a rate not to exceed six per cent per annum. The non-payment of such loan when due, or any interest thereon, shall not serve to void this policy until such time as the amount of the loan and accrued interest equals the cash value of the policy."

Following this provision is a "Table of Loan Values," giving the loan values "after expiration of policy year" from the 1st to the 19th years respectively. The loan values in the policy differ from the cash values in the "Table Non-forfeiture Values" in this-that the loan value at the expiration of the policy year is indentical with the cash value at the expiration of the succeeding policy year. For example, the loan value at the expiration of the 3rd policy year is $110. The cash value at the expiration of the 3rd policy year is $72., but at the end of the 4th policy year is $110.

The seventh provision of section one of Act 187, Public Acts of 1907, provides, after stating what the amount of the policy loan shall be and how it shall be computed, that:

"It shall be further stipulated in the policy that failure to pay any such advance or to pay interest shall not void the policy unless the total indebtedness thereon to the company shall equal or exceed such loan value at the time of such failure nor until one month ofter notice shall have been mailed by the company to the last known address of the insured and of the assignee if any."

It will be noted that the provision above quoted from the policy in question voids the policy when the loan and accrued interest equal the cash value of the policy, whereas the statute provides that the policy shall not become void "unless the total indebtedness thereon to the company shall equal or exceed such loan value." It will also be noted that the policy contains no provision as required by the seventh pro

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