Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-06-07
REQUISITION EXPENSES,
Fugitiyes from Justice Must BE Sc
cured Before Expense Accounts
will Be Appr0yed-Martin's
Bill Disall0wed.

Readers of the New MEXICAN will re-
member that some time ago Spence Broth
ers, alleged to have stolen and driven out
of Lincoln, Socorro and Valencia coun-
ties several thousand head of cattle, dis
appeared from Pine Springs, in Valencia
county.
Recently Sheriff Bursum received in
formation that Charles Spence, one OF the
men wanted, was in Oklahoma. Accord
ingly he applied to the governor of New
Mexico for and was granted requisition
on the governor of Oklahoma for the APP
prehension of Spence, and W. E. Martin
was designated as agent to 60 to Okla
homa for the purpose of making the
arrest.
Meanwhile Sheriff Bursum wrote to the
sheriff in Oklahoma that he wanted
Spence, and it seems that the accommo-
dating postmaster delivered the epistle to
Spence instead of to the sheriff. 1t thus
happened that when Mr.. Martin reached
his destination, his man had fled, but the
envelope of the letter referred to was
found in his room and amply explained
why he had gone.
Thereupon Mr.. Martin returned home
alone, and in due season presented his
expense account to the governor for APP
proval. Among other items it included
$40 for stage fare, IS for Pullman car
fare and SIS for telegraphing. Acting
Governor Miller declined to approve the
account for reasons fully set forth in the
appended papers:
ACTING GOVERNOR MILLER's LETTER.
Mr.. H. o. Burs,m, Sheriff Socorro County,
SOcorrO, N. M:
Santa Fe, N. NJ, June 4, 1895.-Sir: In
regard to the account of W. L. Martin, as
agent designated as such in requlsitlon
papers, issued for the extradition of
Charles Spence in Oklahoma, submitted
to this office, for approval, must say
that am of the same opinion as was
when I last wrote you concerning the
| matter.
Agents, or officers designated in requis-
ition papers for the apprehension of
fugitives, can not receive pay for their
services and expenses unless the fugitive
is apprehended; also, it is a matter OF
impossibility to intelligently audit and
ap prove an account that ia not accom-
panied by recepted bills or the proper
vouchers. In order to fully advise my
self in this matter, l have submitted,
since receiving your last letter, the matter
to the solicitor general, who has
thoroughly considered the question and
given me his written opinion. l submit
herewith copy of his letter embracing
that opinion. | return the account OF
Mr.. Martin without my approval. Very
respectfully,
LoR1oN MILLER,
Acting Governor.
OPINION OF SOLICITOR GENERAL.
TERRITORY OF New MEXICO.
Office of Solicitor General.
Santa Fe, N. NJ, June B. 1895.
Hon. Lorion Miller, Acting Governor santa
Fe, N. M.
Dear Sir:-I am in receipt of your let
ter, dated May 81, in which You reques
my official opinion as to the account o
W. Z. Martin for services in the matter
of requisition for fugitive from
Justice, one Charles Spence, said prisone
not having been apprehended.
am of the opinion that both of the
points you make on the account are goot
and that it should not he paid, certainl!
not as at present presented. The. appro
priation, for the purpose Of sharing il
which the account is presented, is stated
in the appropriation bill to be "for tn
expense of serving acquisitions and secur
J ing the return of fugitives from justice.
In this case, however, the return was no
secured and therefore the account cal
not be allowed ns against the $500 thu
appropriated for the current fiscal year
Any other view would leave the territorial
treasury open to systematic raids at thu
hands Of those desiring to make pleasure
visits to distant points, who, in order tt
secure payment of their accounts woult
have only to give the pretext that the.
were in pursuit of prisoner subject t.
extradition. While, of course, there il
no suspicion or charge of this kind ii
the present case, uniform course mus
be adopted in these matters both ir
Justice to the territory and to those who
having complied with the law by secur
ing the return of criminals, are entitled
to their expenses.
Another insuperable objection to thu
account as rendered ia the fact that it il
not itemized or accompanied by vouchers
Such items as "Stage hire $780," "tele
grams 3d." ETC., would not be paid BY
any careful business man without full
and satisfactory proof as to details, and
1t is certainly true that public business
especially where it involves the expendi'
ture of public funds, should be conducted
on as high plane of accuracy as would
characterize the affairs of carefully con.
Quoted private business establishments
For the reason just stated the payment
of the account should, in my opinion, be
refused. Respectfully,
JOHN p. VIOroRY,
Solicitor General of New Mexico.