Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-31
PUBLIC SCHOOL AFFAIRS.
The Solicitor General Renders an Opin-
ion Respecting the Construction
of the New Law.

In response to an inquiry by Hon.
Amado Chaves, territorial superintendent
of public instruction, the solicitor general
has rendered the following opinion:
Your inquiry with reference to the
location Of the office of the county super
intendent of public schools, has been re-
ceived and had my attention, and in re-
ply would says that while there is moth
ing in the law compelling such officers
to have their place of business away from
their residence, yet it is eminently
proper that they should have Offices at
the county seat, and contiguous to the
other county officers; but where the
county fails to provide offices, there is
nothing in the law to compel him to re-.
move his office from his place of resi-
dence, where the law now specifically
provides it shall be kept.
In answer to your other inquiry, with
regard to making the apportionment of
the county and territorial funds, to in
corporated towns and cities and whether
they are to receive their share of such
funds according to the number of chill
dren of school age withinstheir limits, |
would say, that section "a of the original
school law, which appears as chapter
25, laws of 1891, provides for general
levy, not exceeding mills on the dollar
upon the taxable property of the territory
for school purposes, which shall be col
ected and paid to the territorial treas
urer; this amount to be afterwards ap-
portioned among the several counties
under section of that act by the terri
torial board of education III proportion to
the number OF school children residing
therein certifying the amount of the
treasurer, when the auditor shall draw
his order in favor of the county treas
urers for such amounts; this appears to
apply exclusively to counties. By chap
amending the previous act, and approved
February 26, 1891, it is provided that the
school fund, derived from the general
levy of 3 mills, shall be paid directly by
the several collectors to the county treas
urer to the credit of the school fund, and
"shall be apportioned as now provided
by law" by the county superintendent
of schools. This latter act being in di-
rect conflict with the former act on that
subject, and being the later act must
govern. This chapter provides specially
for school in Incorporated towns and
cities, under the direct and exclusive
control of board of education having its
own treasurer and with power to levy
tax for school purposes not exceeding 5
mills on the dollar in any one year in ad
dition to the mills general levy (see
section % of the act), and it appears to
me that you officially have nothing
to do with the apportionment of such
fund, but that it is the duty of the
county superintendent to appor-
ton the 3 mill levy to such incorporated
towns or cities in proportion to the num-
ber of children residing in each Of school
age, as provided for in section l3, chapter
rs, and section /, of chapter rs, laws Of
1891, and that after that the board of edu-
cation of such town or city uses and ex-
pends and accounts for that money as
we'll as what it may raise by its own levy.
Very respectfully,
EDWARD L. BARTLETT,
Solicitor General of New Mexico.