"I appreciate the candor and spirit of your inquiry, and also the desire of the manager or trustee to do nothing. which the law forbids. "The relation of the institution to the store is not stated with precision, but I take it that the institution maintains and conducts the store, purchasing the articles dealt in and selling them to the students. I do not perceive any authority for this; but as long as the institution conducts the store, I am satisfied that it belongs to the institution, and thetefore constitutes a part of it. It cannot be run as an individual enterprise. As long as it exists, it must be regarded substantially as the institution itself. Hence, the sale to the store of articles dealt in must be viewed as a sale to the institution itself. "The first section of the Act of April 23, 1903, declares that 'It shall not be lawful for any officer or member of the board of managers of an institution, at a time when said institution is receiving state moneys from legislative appropriations, to furnish supplies to such institution, either by direct sale or sale through an agent or firm, or to act as an agent for another in so furnishing supplies.' "The violation of the provisions of the act constitutes a misdemeanor, punishable by a fine or imprisonment, or both, at the discretion of the court. "This is a penal statute and must be construed strictly. In the case of Trainer vs. Wolfe, 140 Pa. 279, a question arose under the 66th section of the Act of March 31, 1860, P. L, 382, by which members, officers and agents of any corporation or public institution were forbidden to be interested in any contract for the sale or furnishing of any supplies or materials' to be furnished to or for the use of such corporation or institution. It was held that as the act made no mention of the purchase of real estate and was a highly penal statute, it could not be extended by implication beyond its precise meaning, so as to apply to the purchase by a school board of real estate in which one of the directors was interested. "Giving the act under consideration the strictest construction, I am of the opinion that it is unlawful for the manager or trustee to sell anything-whether in the nature of badges, pins, class devices or otherwise-to the store. The sale is to the institution. The resale to the students does not change the character of the original act. The purpose of the law was to forbid a manager from maintaining a pecuniary or business or creditor relation to the institution of which he is an officer. Whether he makes a profit or not is not the question, or whether the institution makes a profit or not is not the question, or whether the convenience of students is promoted or not is not the question, nor is it even a question whether the state, directly or indirectly, gains or loses or is unaffected by the transaction. The act is aimed at the suppression and extinction of the business relation of the manager to the institution. "The word 'supplies,' while generally supposed to mean sustenance, which is food, fuel, bedding or articles of daily necessity, has a broader meaning. It may mean the act of supplying what is wanted or that which is supplied; means of bringing relief; sufficient for use or need; a quantity of something supplied or on hand; a stock; a store: Century Dictionary. "If it be convenient to furnish class pins to students, it would be equally so to furnish bats, balls, tennis rackets, golf clubs, hats, caps, trousers, knee caps, shoes, sneakers, sweaters, boxing gloves, foils, etc., until the list of articles. dealt in comprised almost everything sought or likely to be sought by students of varied tastes and demands. The only safe course is to buy nothing from a manager, or to close the store and thus compel the students to do their own purchasing direct.” 75 State may purchase real estate of normal school in certain cases. 894. In case the real estate of any state normal school, upon which the state has a lien or liens by mortgage, shall be exposed to sale by judicial process, it shall be lawful for the governor, superintendent of public instruction and attorney general, or a majority of them, if in their opinion the interests of the state will thereby be promoted, to cause a bid or bids to be made on behalf of the state at any such 75. Public Institutions, 13 D. R. 341, 1903. sale for such sum or sums of money as may in their judgment be necessary to secure and protect the interests of the Commonwealth, the title, in case the property shall be struck down at their bid, to be taken in the name of the Commonwealth Provided, That in no case shall such bid or bids exceed the amount of said lien or liens, together with prior liens, if any such exist.76 Return of sale made to auditor general. 895. In case any real estate shall at any such sale be struck down on the bid of the officers aforesaid, they shall make return of their action in the premises to the auditor general, who, upon passing the account, shall give a certificate of the fact and amount payable out of any appropriation made or to be made for that purpose.77 Appropriation to pay purchase money. 896. There shall be and hereby is appropriated, to be paid out of any moneys in the treasury not otherwise appropriated, such sum or sums as may be required to meet the bids of said officers, upon the amount being returned to and passed by the auditor general as aforesaid.78 Insurance money to be held in trust. 897. All moneys received or that may hereafter be received by the Commonwealth from any insurance policy or policies upon buildings belonging to any of the state normal schools, shall be held by the state treasurer in trust for the repairing and rebuilding of the part covered by such insurance policy or policies, under direction of the trustees of such normal school.79 Insurance money to be used for repairing and rebuilding. 898. When the trustees of any normal school, whose buildings, insured for the use of the state, have been injured or destroyed by fire, shall have repaired or rebuilt the part 76. Act June 4, 1879, Sec. 1, P. L. 89. 77. Act June 4, 1879, Sec. 2, P. L. 89. 78. Act June 4, 1879, Sec. 3, P. L. 89. 79. Act June 3, 1885, Sec. 1, P. 1. 71. covered by such insurance policy or policies, and shall satisfy the board of public instruction consisting of the governor, attorney general and superintendent of public instruction, that the amount of insurance money received by the state has been expended on such repair or rebuilding, the superintendent of public instruction shall draw his warrant in favor of said normal school for the amount of such insurance money or for such part thereof as the said board of public instruction shall be satisfied has been expended on such repair or rebuilding, and the state treasurer is authorized and required to pay said warrant out of the insurance money thus received. 80 So. Act June 3, 1885, Sec. 2, P. L. 71. CHAPTER XXXVI. SCHOOL FOR CORNPLANTER INDIANS. 899. Preambles.......... 900. Appropriation for schools among Cornplanter Indians .......... 901. Provision for the erection, furnishing and equipment of school house on Cornplanter Indian lands. Preambles...... 902. Commission to be appointed by governor..... 903. Plans for the erection of a school building.... 904. Contract....... Preambles. PAGE. 423 423 424 424 425 425 899. Whereas, The general assembly by enactments of eighteenth of April, one thousand eight hundred and fiftysix,' and its supplements of tenth of February, one thousand eight hundred and seventy-two,' and twelfth of April, one thousand eight hundred and seventy-eight,3 and the seventh day of July, one thousand eight hundred and eighty-five, 4 and the third day of July, one thousand eight hundred and ninety-five, and supplement thereto on the twenty-second day of July, one thousand eight hundred and ninety-seven, has established schools and made appropriation for the encouragement of education among the Cornplanter Indians, of Warren county; 6 And whereas, The appropriation provided for expires on the first Monday of June, one thousand nine hundred and five, and it is deemed wise to extend further aid on the part of this Commonwealth for the maintenance of said schools and the encouragement of education among said Cornplanter Indians; therefore, Appropriation for schools among Cornplanter Indians. 900. That the annual sum of five hundred dollars be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be paid to the county superintendent of schools of Warren county, on war |