Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1892-11-08

/ wv ~ " 800 80 80 -
TO the action Of DR.. Wood, con-
corning the additional bond Of
Treasurer Eckles, has been said
TO have been incomplete. DIR.
Wood says that the additional
bond was given to secure the Coun-
ty for the funds which came into
the hands of the treasurer after
the failure of the bank, and that
the article is misleading. We
have obtained some additional
light on the subject and take great
pleasure in printing it. The
board Of county commissioners Of
this County, after having received
a statement as to the condition Of
the county funds considered that
the proper thing to do was TO en-
ploy counsel. They employed
Conway & Posey, of this city, and
the following opinion was fur
nished which is duly recorded IN
Commissioner Record No. l, of
this County:
SILVER CRY, N. NJ, July IL, "a.
To the Honorable Board of Coun-
ty Commissioners for the Coun-
ty of Grant
Gentlemen-By resolution of
your board an opinion has been ask
ed as to the liability Of the County
treasurer aud the methods to be
pursued by the board in respect
to the same upon the following
statement of facts:
The amount of funds in the
treasury now are S15,960.96. None
of these funds are subject to draft
at present except $1,960.22, which
is due the independent school
fund; balance is sinking fund.
The treasurer reports that these
funds are now tied up in the hands
of the assignee of q. p. Crawford.
The board never designated any
depository for the County funds,
neither has the board been asked
to.
The treasurer has made his
annual and other statements or
settlements required by law and as
called for by the board.
The treasurer, we are informed,
has given bond, and we have been
unable, in the short time given US.
to procure a copy of the same.
The treasurer, by sec. 10, p. 539,
Princes General Laws of New
Mexico, is required as often an6
in such manner as may be requir.
ed by the probate court to furnish
an account of the receipts anC
expenditures of the County. This
we are informed, has been done.
Sec. 20, p. $50. ibid, provides tina.
"He shall at least once in ever!
year settle his accounts with tn,
probate court, and at the close o
the term of his services, the pro
= bate Judge shall Immediately pro
coed to ascertain, by actual exam
nation, and count the amount o
balances and funds in the hand
of such treasurer, and to wha
lfundit belongs" BY sub-divisiol
IS, of sec. IA, of the County commits
= sioner's act, p. 226, Princes Gener
] al Laws, every officer and persoI
, required by law to make return o
i, render an account to the judges O
! probate, except in matters pei
= tanning to probate, shall make an.
render the same to the variou
- boards of County commissioner
I in the manner now required b.
law.
: BY sec. 81 of the County com
m~issioners act, above referred tC
. (page 252, Prince,) it is made tn
duty of the commissioners, at eac
regular term, on the first ola.
thereof, TO examine and inquir
into the suficiency of the bonds c
: the various County officers, tina
r of the treasurer among others, an
; in case the sureties are found t
4 have removed from the County
- died or become insolvent, or G
: doubtful ~solvency, to take til
I measures provided in said sectio.
for requiring additional securi
! ties, &c. We are of the opinio.
that the treasurer is liable to tn
County for all moneys coming int
his hands, by virtue of his Office.
t The next question is as to tn
o methods to DO pursued by tn
q board in respect TO the same.
Under sec. 90, p. $50, Prince, a
D above quoted, the probate judge
(now County commissioners a
the close of the treasurer's term O
service, shall Immediately proceed
by actual examination and coun.
=, to ascertain the amount of balaI
u ces and funds in the hands of sue
{ treasurer. We find no other pre-
G vision requiring the treasurer
q bring the funds in his hands I
ulthe possession of the board. b
this section the time for doing tn.
is positively fixed at the close {
y the term Of the treasurer's service
is and we cannot advise any actio
at present.
d AS TO the treasurer's bond,