Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-11-08
THE SHRIEVALTY AGAIN.
Sheriff Cunningham Alleged to Have
Violated a Stringent Law Re-
lating to Public Funds.
Cited to Show Cause Why He Should
Not Be Removed by the
County Board.

Sections 1851 and 1916 of the Compiled
Laws of New Mexico provide that:
"On or before the 10th day of each
month the collector shall pay to the
county treasurer all moneys due the
county for taxes and Licenses, Or other
wise collected by him for county or school
purposes, remaining in his hands on the
first dag of that month, and to the terrific
rial treasurer all moneys due the territory
on any account in his hands on the first
day of that month. Triplicate receipts
shall be given by the respective
treasurers for each of such payments,
one of which receipts the collector shall
retain for his protection, and one he shall
file with the clerk, and one with the terri
torial auditor. Credit shall be given the
collector for the amount shown by such
receipts to have been paid. y x
"Whenever any county collector shall
fail to pay into the county or territorial
treasury any moneys in his hands due the
county or territory, respectively, at the
time prescribed by law, and such default
continue for thirty days after the time so
prescribed, he shall in addition to other
penalties forfeit his office and be deemed
a public defaulter; and the county COM
missioners Immediately upon the receipt
of certificate of such default under the
hand and seal of the clerk or territorial
auditor shall declare such office vacant
and such officer shall not again be eligible
to that Office"
Under the above sections the county
board of commissioners met yesterday
afternoon and passed the following
order:
"It appearing to the said board of
county commissioners from the certificate
of Demetrio Perez, auditor of public &C
counts for the territory of New Mexico,
that you, William P. Cunningham, sheriff
and ex-oficio collector of taxes and
licenses for the county of Santa Fe, have
not paid over to the territorial treasurer
any and all moneys remaining in your
hands on the 10th day of the months of
August and September, which said moneys
were in your hands on the first day of
said month and we're due the territory of
New Mexico,
And it further appearing from the GER
tifcate of Celestino Ortiz, treasurer of
the city of Santa Fe, that you have not
paid over to the said treasurer of the city
of Santa Fe any and all moneys remain
ing in your hands on the 10th day of the
month of August and September, which
said moneys were in your hand on the
first day of said month and were due the
city of Santa Fe,
And it further appearing from the GER
tiicate of Atanasio Romero, probate clerk
and e1 officio clerk of the board of coun-
ty commissioners of the county of Santa
Fe, that you have not paid over to the
county treasurer any and all moneys re-
naming in your hands on the 10th day of
the month of August, which said moneys
were in your hands on the first day of
said month and were due the county of
Santa Fe,
And it appearing to this board that
such moneys were in your hands at such
times as above stated and still are in
your hands, control and possession, and
the same not having been covered into
the territorial, county and city treasures
at the times and in the manner by law
specified; and said defaults in making the
aforesaid payments having continued for
more than thirty days after the time pre-
scribed by law,
Now, therefore, you, William P. Gun
ningham, sheriff and ex-oficio collector
of taxes and licenses of the county OF
Santa Fe, New Mexico, are hereby or
dered and cited to appear before this
board at the court house of the county OF
Santa Fe, at meeting of SAID board to
be held on the 18th day of November, A
D. 1898, at o'clock in the afternoon
of said day, then and there to show cause
If any you may have, why your said office
shall not be declared forfeited and vacant
and it is hereby ordered that the clerk OF
this board forthwith notify you of these
proceedings and of the time and place Of
holding the meeting of this Board al
which you are cited to appear, by serving
copy of this order upon you.
A copy of this order was served on
Sheriff Cunningham at 4:3O yesterday
evening by County Clerk Romero, and al
| 500 the sheriff left for Albuquerque to
consult his attorney, Judge Warren, on
the subject He said just prior to his de-
parture that his accounts were all right
and he claims to be able to make show
ing that will be entirely satisfactory to
his frianda the thy navers and the law