The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-28
Law VIII Compel Him to Aid I'm Pre-
pairing an Exhibit of Indiana's
Natural Resources.
ATTORNEY GENERALS OPINION
HE SAYS THE STATUTE is PLAIN
ON THE SUBJECT.
Opinion Rendered at the Request of
President Gflbe rt, of the Indiana
Fair Commission.

The attorney general, in an opinion rem
dered yesterday to the Louisiana Purchase
Exposition Commission of Indiana, decided
that it is the duty of State Geologist
Blatchley to lend his efforts to the COM
mission in making an exhibit of Indiana's
natural resources at the St Louis EXPOSE
ton. The geologist has declined to have
anything to do with the matter. asserting
that on account of an accumulation of
work in his office caused by the delay of the
state printer in publishing his report on
time he will have no time to prepare an
exhibit from his department
The geologist having declined to aid the
commission in It's work, it's president, New
ton w. Gilbert, sent a communication to
the attorney general. The commission has
been particularly anxious that there should
be an exhibit from Mr.. Blatchley's depart
ment, and when Secretary Alexander re-
ceived the biologists letter declining to CO.
operate, considerable disappointment was
felt.
In his communication to the attorney gen.
eral President Gilbert asked: What are
the rights and what is the power of this
commission to take and convey to St. Louis.
for the purpose of exhibiting our natural
resources, any or all of the materials or
specimens OF minerals, clays, building stone.
and other products of whatever kind be-
longing to the State of Indiana, which are
now in the geological museum in the State
house or elsewhere? What is the duty of
the state geologist of Indiana relative to
furnishing this commission with such ma
terials and any maps, charts. plats, sta
tistics other printed or pictorial matter
within his possession, relating TO the min
ing interests of the State?
THE OPINION.
Commenting on this letter and the duties
of the geologist, Attorney General Miller
says: 1.-The subsequent legislatures of 1881
and 1889 have made some changes in the
State geologist act, in minor details, and by
the last act, being the act Of 1889 (P. H), 1t
is provided that the State geologist shall be
curator of the geological museum, cabinet,
apparatus and library, and shall, from time
to time, add specimens to the cabinet of
minerals, organic remains and other OBJ
jects of natural history, peculiar to this
State, and other States and countries AS
curator he has the custody and control of
the museum: but nothing in these acts
would give him authority to refuse to the
commission the rights conferred by the act
of 1903, TO use the materials of the State
in making the States exhibit at the exposi-
the Legislature is fully expressed in Section
4 of the act of 1903, when 1t provides that
the commission shall make exhibition of the
resources of the State, giving particular at
tention to the resources and exhibits which
it may be possible for the State geologist
of Indiana to furnish This not only
thoriZes the commission to use the ma
terials of the State in the museum or else
where. but makes it the positive duty of
the State geologist to furnish such ma
terials; so that answering your second
question by Section of this act. ii is made
the positive duty of the State geologist to
cooperate with your commission and to fur
nish you whatever materials or informa-
ton he may have obtained, or may obtain,
or be able to obtain in regard TO the agri-
cultural, horticultural, mineral or earth
products of the State. This is a duty inn
posed upon his office, and is just as binding
as If the Legislature had seen fit to add
another department to his office This duty
is consistent with the very objects of the
office of State geolegist AS will be seen
the objects for which the office of State
geologist was established, expressed in
the act of 1869, are substantially the same
as the objects for which the appropriation
and provision for the creation of the eX-
position commission were made