In the exercise of hi8 veto power, the Governor drew lines through items Nos. 4 and 5 of such approp#ation. You request our Opinion as to whether the members of the,,F$6ard of Education till be

eon. Gee. H. Sheppard, Page 2

authorized to charge their traveling expense accounts against the appropriation of u6,000.00 mad+ for '*Board &embers-per diam."

In the rider appended to the general appropriation bill, which Is senate Bill No. 427 by the 46th Legislature, we find the. rollowing:

"~rureling expenaa&. (a) It Is provided that no expenditure shall be made for traveling expenses by any department of this State In excess of the amount of money Itemized hetiein f'or said purpose. This provision shall be applicable whether the Itam Tor traveling expanses Is to be paid out of the 6pproprIatIon from the General Fund, from feea, receipts Y)r special funds collaated by virtue of certain laws of thie %&a, or from other funds (exclusive of sederal funds) available for we by a depart- ment l n

It Is well settled that when the oompeneatlon of an ottioer Is laft to conntructlon It must be most rarorably construed in favor of the government. Eastland County vs. EIazel, 288 6. U. 5l.S; Burke va. Bezar County, 271 S. %. X52; lloLennan County v. Boggesa, 157 S. ih‘. 346; 34 Tax. Jur. p. 508. As said by the Suprama Court of South Carolina In ScroggIe vs. Scarborough, 160 8. E..696, "GeEarally the term *peF diem* as uaeU In connection with compensation, wages or ealary meens pay ror a day*8 servfces." We'quote rra Paey vi Nolan, 7 S. 'd;. (2d) 815, by the Supreme Court of' Tannaeeea:

*The term 'per dIem*,aa used in Article 2, Seotlon 23, Is synonymous with Wsalary.* The term *salary' Imports the Idee of coqansation ror personal service, and not the repayment of money expended In the discharge of the duties of the ofSloe. Throop, Public Officers, 441." %'e have Inspected the aorresponding appropriation made to the board of Education In 1935 as shown at page 1097, Volume 2, Acts of the 44th Lagisleture. 4he approprIetIon:there we8 "per diem end expenses, IncludIh8 survkys . . . &3,000.00n for eeah year of ~the biennium. The appropriation made by the 43th Laglslatura In 1937 as shown at page 1418, Genarel and Speaial Lawa, 48th Lag- Isleture, we8 *per diem and expanses . . .$S,OOO.OO* for each year. It has bean suggested to us that In all probability the word8 'and expenses" ware left out of the present appropriation by aecldant. vie are not at liberty to so aasuma but, on the contrary, must ascribe to the LegIaLRture some purpose In leaving out such words. The fact *3 fion. Gee. il. bheppard, Page 3

that hrtiole 2d75b-u) i;evIsed Civil itotutea, provides that the aeebcrfi of the Xate $8~~3 of :.ducatlon shell be paid t10.00 per day hhen in actual atttndncce nptin board zcc~.t~~~s end shall be aTtItled to actuel trnvelin~ and other neceesery es9enscs Incurred In the discharge or their dutlea doc;s not dispense with the neo- emSty or having~?!n appropriation before aithcr such co,TensetIon or e.xpensee may be paid by the ctate. An. 8, LC~C. 6, ConatItutIon of Texas; LIgtttoot 140 j. 2.. 89; Llndec vst zialey, 49 vs. ano, . 2.0 Quote free the oplnitn of AstIc Gaines in the &.ter case 88 r0u0w3:

vThere is nothIng in We Constitution r.hich pro- hibitn the legisl&urs tram linzIt1~ any apprcprlation by any apt aordc crpreeelve of thalr Intent. Ehould they even la51 to appropriate a salary liked by the conetitu- tion, the offietr arfected by It Is without remedy before the courts. . . It would satm that, when the logieleture Se or opinion that the compensation fixed by law for the of en officer Is excemviva, they should anend eervicss the law and reduce It, but that, until 80 reduced, they ohould nrqkc appropriation for the coqensatlon tMch tbs law provides . But, should they iail~to do thlo, It is simply II case In wblch the otiicer haa e loge1 right, but no rem&y, excspt an application to another legleln- tuso. Under our con& Itutlon, wI4&out an appropriation no moncsp cap. be dram irox the treasury. . .-

Fz-om the ebove, we think It beoo~~ea evident that ymr question mst be cnswered in the negative.

'Ycmrs vary truly ATTORKEY GEblERA% OF TEXAS