Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-04-17

provisO in which it is distinctly provided
that when more than one prisoner is con-
Quoted from one place to another the
sheriff shall not charge more nor receive
any mileage in excess of that which he
would be entitled to for conducting one
prisoner from one place to another"
This section fixes distinctly the mileage
allowable, where number of prisoners
are brought to the penitentiary, at the
amount which would be allowed for ICON
Quoting one prisoner"
Now what mileage would be allowed
for Conducting one prisoner" Under
the first paragraph of section 6, for such
service the sheriff would be entitled to
mileage for himself, for the prisoner and
for one guard allowed by law where the
number of prisoners is not "more than
two" Laws of 1898, chapter 81, sec. 2,
page 99). Therefore the sheriff's account
for mileage for conducting nine prison
ers, which the law expressly provides
shall not be in excess of that for con-
Quoting one, can rightfully include only
mileage, at the rate of l21a cents per
mile, for the sheriff, for one prisoner and
for one guard
BOARDING PRISONERS.
The next item charged ia Board for
nine prisoners two days at 81, $18." This
seems to be expressly allowed by section
6, which states that the sheriff "shall also
be paid 81 per day for the feeding of
prisoners while en- route to the peniten-
tiary," and should be approved by you, if
supported by the facts.
hn ~ -
in section or elsewhere, make provision
for the compensation of the guards en-
ployed on behalf of the territory in &C.
companying the prisoners to the peni-
Tertiary; nor does it, except as to the one
guard allowed mileage, make provision
for the travelling expenses of guards; nor
does it make provision for the expenses
of conducting to the penitentiary the
prisoners other than the one for whom
mileage is, as above stated, allowed. 1t
was probably to cover this and other in
territorial omissions in the bill that the
legislature embodied section s, which
provides that "for other services and ex-
penses, except those mentioned in this
act, the sheriff shall receive the fees and
pensation now fixed by law for such
services and expenses" The law on this
subject in force at the time of the pass
age of this act is found in the laws of
1898, chapter 81, section 2, page 80,
where it is provided that "no sheriff shall
charge for prisoners and guards for
transporting prisoners any greater
amount than the actual necessary ex-
penses of such guard and prisoner in
going and returning, but such guard shall
be paid 81 per day while necessarily so
travelling with such prisoners and return
ing;' and this is, consequently, the meas
ure of compensation on this branch of
the pres ent case.
1t is therefore my official opinion that
for conducting, with the assistance of
four guards, nine prisoners to the peni-
Tertiary, Sheriff Ascarate is entitled to
fees and compensation as follows: First,
mileage for himself at the rate of 1917
cents for each mile actually and neces-
sarily travelled; second, mileage, on the
same terms, for one guard; third, mileage,
on the same terms, for one prisoner;
fourth, 81 per day for each of said pris-
oners in full of their board; fifth, 81 per
day going and returning as compensa- |
ton for each of the said guards; sixth,
The actual necessary expenses, including |
railroad fare and excluding board, which
10 provided for above, for each prisoner;
and seventh, the actual necessary ex-
penses, including railroad fare going and
'eturnlng, of each guard; with the pro-
vision that in the last two items, no rail
'oad fare shall be allowed for the one
prisoner and the one guard given mileage
ls hereinbefore set forth.
REASONABLE CONCLUSION.
While the conclusions above reached
eem to be entirely justified by the pre-
visions of the act under examination
considered by itself, it is worthy of note
hat the Legislature which passed this law
provided IN its general appropriation
ill only $4,000 for the current fiscal year
o meet the triple expense of "transpor-
alton of convicss to the penitentlary,
and executing death warrants and to
Jay deficits" As throwing light upon
he intention Of the legislature in the
passage of the sheriffs' compensation bill,
he conclusion is irresistible that the
legislature could not have intended to
nact in any instance law whose proper
'peration would make it possible for a
ingle county, at single term of court,
nd for single purpose, to draw from
he territorial treasury over one-seventh
# a fund set apart by another law,
passed at the same session, for three pur-
roses, for all the counties Of the terri
DRY, and for all the criminal sessions of
curt held in such counties during the
9th fiscal year. Respectfully,
JOHN P. Victory,
Solicitor General of New Mexico.