Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-07-09
SUES FOR HIS SALARY.
Clerk Walkers Writ of Mandamus gainst
the Territorial Auditor-Question
OF Otficers' Salaries.

A. Z. Walker, clerk Of the Santa Fe
district court, has filed suit and OBJ
tanned an alternative writ OF mandamus
against Auditor Alard for the payment
of $500, quarterly salary as clerk, up to
July l.
The auditor answered the writ by. set
ting up the fact that there was no fund
created by the finance act passed by the
last legislative assembly out of which to
pay this salary, Notwithstanding the
salary had been provided ior in another
act relating to the reduction of clerk S
fees. A similar omission occurred in the
finance act regarding the pay of county
assessors, but that was discovered in
time to permit the legislature to amend
the finance bill, it appropriating SIS, 900
for the pay of assessors and making a
levy of forty-five hundredths of mill to
raise the same.
The amount necessary to pay the sala-
rles of territorial officers, not including
the four clerks OF the district court, is
80 800; and the amount necessary to pay
the four clerks would be $12 800, or a
total of $22 400, while the levy of 24-100ths
of mill on the dollar upon the present
taxable wealth OF the territory would
realize only little over SO 900.
Her etofore the clerks salaries have
been paid in full out of the proceeds of
the sale OF current expense bonds but
now the treasury is compelled to rely upon
the amount secured by taxation and the
proceeds Of the clerks offices, fees, etc.,
to meet such salary payments. The tax
so far collected under the regular levy
amounts to a little over 81 900, and the
amounts paid in by all the clerks figure
up 81 900.
Under this state of facts the auditor
held that the salary fund should be used
for the payment only of officers named
in the finance bill, but that clerks OF court
should receive back out OF the treasury
the respective amounts paid in by them,
as far as these amounts would go toward
paying their salary, and in case there was
a deficit he would audit their claim as
legitimate and proper one against the
territory to be paid after further legisla-
ton.
In this particular case Mr.. Walker on
July turned over to the treasurer $195
as the proceeds Of his Office for the pre-
ceding quarter, and demanded warrant
for $500 as his salary for the quarter. The
auditor rendered him warrant for the
$l95, which he had just turned in, the
same to be in part payment of his salary,
but this Mr.. Walker declined to receive
and brought this suit to compel the audi
tor to pay his claim in full, the clerk
claiming that there is now in the salary
fund little over $1,000 which must be
applied to the payment of the clerks
salaries equally with those territorial Of
ticers named in the finance bill until the
fund is exhausted.
The case was deliberately argued yes
terday before Judge Whiteman in cham
bers, Mr.. f. W. Clancy representing Mr..
Walker, and Solicitor General Bartlett
appearing for the territorial auditor, the
question being as to whether the alterna-
tive writ shall be dissolved, and the
auditors ruling sustained, or made man
datory and the auditor compelled to pay
the clerk out OF the territorial salary fund.
The case was taken under advisement by
the court.