rule that in case of conflictbetweenpro- visions of the same enactment,the provisionlast in point of positionin the Act controls,on the theorythat it is the latestexpressionof the leg- islativewill. Stevensv, State,159 S.W. 505. ?Ws the provisois super- seded by the paragraphsucceedingit.
It has been suggestedthat the fonflictis to be resolvedby re- gardingthe,provisoas an appropriation from the GeneralFund. To this we can not agree. It is not the provinceof constructionto vsry the meaning of unambiguouslanguagein order to avoid conflictbetweenportionsof the law. This is legislation-- not interpretation.
Duringthe presentfiscalbienniumthe Legislaturehas appropriated for the administration of the Certificateof Title law all fees collectedand depositedunder Section57 thereof. Duringthe fisoalyear 1941-1942,such receiptsamountto $342,181.75;the expendituresfor the same period,$185,765.15, Down through July 1, 1943, the reaeiptsfor the fiscalyear 1942-1943were h53.617.75; the expenditures, #87,544.47. The balancecurrentlyon hand in the Certificateof Title fee accountis approximately $270,000.00. It is a matter of commonknowledgethat the heaviestburdeninvolvedin the administration of the Certificateof Title law -- the originalregistrationof titleson all nuto- mobiles in this State -- has bean practicallydischarged, andthat the wrk is now settlingdown to that involvedin the routinetransferof titles, Since the burden of work in the administration of the Act will be much less than that involvedin the first years followingits enactment,it is unreasonableto im- pute to the Legislaturean intent to appropriate$175,000e00in additionto all fees collectedand depositedunder Section57 of the Act.
J"&ansmr your first questionthat the $50,000.00appropriatedfor administeringSenate Bill No* 135, Acts of the 48th Legislature,RegularSession, is an appropriation from the GeneralRevenueFund.
We answeryour secondquestionthat there is appropriatedby Senate Bill 332, for the ensuing'biennia,for the administration of the Certificateof Title Act all fees collectedunder Section57 thesof,that this is the only appro- priationmade for the administration of the Certificateof Title Law.
APPROVEDAUG 5, 1943 Very truly yours ~~~~~Is~~~S ATTORNEYGENh'RAL OFT- 4TTORNEYGENERAL RW-MR$egw By /s/ R.W. Fairchild R.W. Fairchild Assistant