Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-04-24

ask my opinion, would say the appro-
priation bill of 1891, provides $56, 200,
for this purpose during thea I'd fiscal year,
divided specifically and in different
amounts among the sixteen counties of
the territory, and while the proviso to
that section of the bill to which you refer
states that juries shall receive no pay
from the territory, except in those coun-
ties which are not the seats OF the U. 5.
courts, yet, the appropriation is made Tor
each OF those counties and the new jury
law which appears after the appropriation
bill, and was framed with the express
purpose of giving territorial grand and
petit Jury to each county in the territory,
would implicitly at least repeal the pro-
viso to which you refer in the appropirla-
ton bill, it being in conflict with the lat
ter jury law, leaving section 1868 OF the
compiled laws in force as to the rate OF
mileage and per diem of such jurors. This
must be the view which the courts have
taken when they issued such certificates,
and as we must 60 to them ultimately for
the construction of the law, you are en-
tirely warranted in allowing such claims
and drawing warrants for such amounts.
In reply to your third inquiry IS to the
payment of compensation of assessors due
on the assessment for the years 1889 and
1890, provided for in the deficit fund to
the amount of $S 900, and asking whether
this amount should be paid out of the
salary fund appropriated for the AID fis-
cal year, and whether by my former opin-
ion given to the treasurer meant to say
that after paying salaries to territorial
officers for 4lst fiscal year all surplus
in that fund should be paid to the
assessors, on account Of the appro-
priation above referred to-, l
would say, that this amount is specifical-
ly placed in the deficit fund, which is
new one, to meet which with, other "ter-
ritorial expenses" the GIL mill levy was
provided by the last legislature and must
be paid out of it, from the proceeds of the
levy made for territorial purposes In the
proportion which it bears to other terri
torial expenses. The payment OF asses
sors for the 42d fiscal year is provided for
in other parts of the act; it WAS seen
that the former levy to meet the salary
fund for the 41st and AID fiscal years
(24-1OO of milD was utterly inadequate,
and therefore the legislature, after ap-
propriating total of $34, 300 to the salary
fund for the 42d fiscal year, transferred
to this fund the sum of $11 900 rom any
surplus of any fund which might be on
hand for the 4Oth or 41st fiscal years, in
order to exc out the very inadequate levy
which had been previously made, and
this can only be used for the present fis-
cal year, at the expiration OF which, II
there should be any surplus remaining
after paying the salaries proper OF terri
torial officers, it should be turned i'll to
make up any deficit in the compensation
of assessors, upon the same principe tnat
subdivisions of the court fund might
have their surplus exchanged. This view
is sustained by the amount OF money
transferred to the salary fund (sll IVY, J
as at that time there was less than S5,oo0
deficit in that fund for the 4lst nscal
year of which the legislature bad notlce
from the auditor. There is moreover
distinct provision for deficiency IN Inc
evy for the salary fund found on pace Ia
Of the printed act, amounting to $9,,TU,
It being the first item mentioned und' 'er
the deficit fund with the proviso THAI |
only so much thereof should be used as
may be found to be due at the close of the
41st fiscal year. The prohibition on
drawing warrants contained in section
10, of the last appropriation bill would
not refer to warrants drawn under Sec
lion Of the act, as that refers back to
The law of 1889, and was to cover omis-
sions then made before the particular
funds had been established under that
act, and these warrants would not be
against any particular fund but would be
placed in the same condition as warrants
provided for in section 5 of the finance
act Of 1889. Very respectfully,
EDWARD L. BARTLETT,
Solicitor General of New Mexico.