Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-08-13
SPECIAL COURT FUNDS.
The Law and the Facts Regarding the
Expenditure of the Money Pro-
yided by the Legislature for
Court Purposes.

OOufJ purposes.
The Albuquerque Citizen and the San
Juan Index are painfully unhappy about
the disposition that has been made of the
special appropriation made by the last
legislature for court purposes, and in
innate that Santa Fe has improperly Sc
cured more than its share thereof
What are the facts9 Chapter % of the
laws enacted by the 31st legislative as
sembly of New Mexico provides that SIN
payment of the expenses of holding any
regular or special term of the district
court for any county of the territory, any
such district court SO held may issue GER
titicates of Indebtedness against the terri
tory of New Mexico, which said certifi-
Gates of Indebtedness shall be issued only
for such expenses of such courts as shall
be approved by an order of the court in
which such expenses shall be incurred"
and the same act further provides that,
upon being duly presented with such
certificate or certificates by the clerk
of the court authorizing the issue
of the same, at shall be the duty
of the auditor of public accounts of
the territory to audit and approve
such certificate or certificates and draw
his warrant for the amount thereof upon
the territorial treasurer, payable out of
the funds of this territory due to said
territory by the Albuquerque National
bank and the New Mexico Savings Bank
Il Trust company, of Albuquerque, and
not otherwise: Provided, That the GER
titicates as aforesaid shall not be issued
in excess of $6,175 for any such expense
incurred in any one Judicial district in
this territory" And an act of the legis
lative assembly of 1887, still in full
force, provides "That all warrants
drawn by the auditor of the territory
y Il shall be paid in the order of their
issue, by the said treasurer, out of the
moneys of the territory as they shall
come to his hands"
Since the passage of chapter % by the
last Legislative assembly, Receiver Scho-
field, of the defunct Albuquerque Ma
tional bank, has paid into the special
iected on account of tine Albuquerque
National bank to the amount of 50, 766.42.
Against this fund the courts have drawn
as follows:
First judicial district, $4,951.22; I'd
judicial district, $10O.45; 9Th judicial
district, $3,904.1O, making total of 49,
955.71, all of which has been paid in cash
in strict conformity to law, and there is
still a cash balance of $S10.65 in this
special fund. AS it is probable that the
Albuquerque National bank, under the
present receivership, will come near pay
ing out in full, this fund will unquestion-
ably be swelled by subsequent dividends
so that each judicial district will receive
its full apportionment of $6,175 in cash.
1t is true that the 1st and 5th judicial
the money in the suspended banks fund,
and the Sd and 4th districts have drawn
nothing, but this was no fault of either
the territorial or court officials. It was
done just as the law directs and was
chiefly the result of urgent criminal bust
ness in the LIST and 5th districts.
The most of the amount used in this
district was expended in holding the late
special term of the district court in Santa
Fe county; but the fruits of that special
term-seven red-handed murderers con-
victed and sentenced to die on
the gallows-are 30 substantial and so
creditable to the entire territory that no
friend of law and order ought to be dis
satisfied, even if more of the cash in the
special court fund was unavoidably used
during the term than any one anticipated
at the beginning.
When once the trial of the murderers
of Sheriff Chavez was commenced, it
could not be stopped until the jury
brought i'll verdict, and, even if is had
been possible, the NEW MEXICAN is per-
suaded that no good citizen of the terri
tory would have wanted it suspended
short of a verdict calling for snspen-
sion of tho seven murderers. Similar cir
surrounded and rendered i'm
perative the expenditure of the $3,9O4.1O
in the 5th Judicial district. 1t was I'M
avoidably used to promote the ends of
justice. Possibly the law would have
been more equitable if it had provided
for an apportionment of the cash as it
came into the special fund to the credit
of the respective districts, but that was
clearly not done, and if blame attaches to
any one in the premises it is to those
who framed and enacted the same.
In reiterating its foolish complaint
about the recommendation of Judge
Laughlin that $4,000 should be levied in
San Juan county for court purposes in
1896, the San Juan Index goes entirely
outside of the record and the realm of
truth to find an excuse for finding fault
with the New MEXICAN. It insists that