Western liberal. (Lordsburg, N.M.) 1887-1919, 1893-12-22

General Of New Mexico, and also a
letter from the Territorial Superinten-
dent of schools to a member of our
local board OF education:
SANTA FE, N. NJ, Aug. 8, 1898.
Hon. AmadO Chaves, Santa he, n. M.
DEAR SIR:-Your favor OF this date,
requesting my Opinion upon the ques-
tion whether liquor license money col
lected in an Incorporated town, should
all go to the credit Of the school fund
OF that town, or whether it has to be
apportioned TO other districts in the
precincts in which the town is situat-
ed, is received, and in reply would say,
that under the original school law,
section 30 of Chapter %, laws of 1891,
all such moneys were paid into county
treasury to the account of the Several
school districts wherein such sums are
collected. And under a decision of
our supreme court it was held that
the school district in which the license
was collected was entitled to it, but
legislature Of 1893, Chap. 80, page 85,
amended the law expressly in this par
ticular, and provided that one-third of
all such moneys should 60 to the gen
eral county school fund of each cOun-
ty in which collected, leaving the
other two-thirds only to the credit of
the district in which the same was
collected. But the act does not take
effect until 1895 until which time the
old law is in force.
Trusting this answers the question
fully, am, Very truly yours,
EDWARD l.. BARTLETT,
Solicitor General sc.
August 16, 1893
Hon. Amado Chaves, Santa Fe.,
DEAR SIR:-My attention was call
ed to an article in the New Mexican
last night, in which it was stated that
the general school fund Of Grant Coun-
ty had been largely augmented by the
new law, placing one-third OF the
gambling and other license money in
the County treasury for that purpose,
and desire to call your attention and
through you the attention of treasur-
egs and school officers in the Territory
to the fact that the law referred TO-,
being Chapter so session laws OF 1898,
while approved on the 23rd. of Febru-
airy of that year, does not take effect
and will not be in force, until January
lst. 1895, as will be seen by section OF
that act, so that until that time ar
rives the school moneys will be dis
| tributed by the county Treasurer as
! heretofore under the decision of the
Supreme court, to the school district
in which said license was paid; that Is
to say, that Chapter 25 OF the session
laws of 1891, at section 35 is not chang
ed nor will it be until the first Of Jan
uary 1895.
Chapter 80 of the laws of 1893 does
not change ii as that only provides
that the Incense money shall be paid
| into the hands OF the county Treasur-
er to be covered into the school fund
| for the County and section 35 of the
Act Of 1891 provides how it shall be
distributed. | write thus specifically
at this time for the reason that l AM
satisfied my opinion OH the subject, OF
| the 3rd. instant, is not sufficiently full
and might be misleading, and / trust
you will give this opinion immediate
publicity in order that mistakes may
be avoided. Very truly yours,
EDWARD l.. BARTLETT.
Onice of Superintendent of
Public Instruction of
New Mexico.
SANTA FE n. NJ Nov. 21, 1898.
! llOu. DeJbS, oliver ClIl, ". m.s
DEAR FRIEND.-EnclOsed herewith
you will find copies OF the two opinions
on Genl Bartlett relative to gambling
and other license money. Hoping thai
you and yours are very well, l am
Yours truly
AOIADO CHAVES.
Twill mail copies to Mr, Thielmanr
also.
The law being thus, is it fitting that
a man who refuses to obey 1t should
be allowed to continue to hold ofllcei
Mr.. Theilman cannot plead ignoranc,
Of the law as an excuse for his illega
acts. Ignorance is no excuse for /
breach OF the law even for a humble
citizen, how much less, then, for /
man holding the exalted and might.
office OF County School Superintend
eutP But we do not understand tina
he even claims this. In that case Mr.
| Theilman (who has not been admit
ted to the bari must either think him
SELF an abler lawyer than the Solicito
General or else he must consider tina
the office OF county School Superin
tendent having been conferred upo
him by the people, gives him tn