Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-11-01
SPECIAL COURT FUND.
Facts Regarding the Distribution and
Condition of Fund Arising from
Albuquerque National Bank
Dividends-OpiniOn of the
Solicitor General.

For the information of the Albuquer-
que Citizen, which is INDUCING in good
deal of talking through it's hat these days,
the New MEXICAN has taken the trouble
to ascertain from Auditor Garcia the ex-
act condition of the special court fund
derived from dividends declared by the
receiver of the Albuquerque National
bank.
The total amount of money so far
placed to the credit of this fund is $l5,-
451.72, against which warrants have been
drawn and paid to the amount of $14,-
10S.59, leaving cash balance on hand OF
$1,343.13. Under the law each of the
judicial districts of the territory is en-
titled to draw $6,175 against this fund, no
provision being made for distributing
the actual cash as paid in pro rata among
the different districts, and it has hence
happened that the money has been
drawn out on the principle of first come
first served as follows:
First judicial district, $6,06726; End
district, $2,1OO.48; Sd district, $4,000; 5th
district, $3,94O.75. 1t will be perceived
that the 4th or Chief Justice Smiths dis
trict has not drawn cent of the money,
while, owing to extraordinarily long and
costly terms of court, Judge Laughlin'a
district lacks $1O7.74 of having drawn its
entire share of the fund.
Unauestionably future dividends will
so increase the fund that all the other
districts will get their full share, aud the
fact that some of the districts may have
to wait few months for the actual cash
is the only possible cause of complaint in
the premises.
In view of the fact that his district had
not drawn dollar of the fund, Chief JUS
tice Smith notified the auditor of his in.
tention to draw $4,000 for holding court
in Mora county, and at the request OF
Judge Collier, of the I'd district, the mat
ter was referred by the auditor to the
chief law Office of the territory with the
following result:
OPINION OF THE SOLICITOR GENERAL.
In response to an inquiry, Solicitor
General Victory has transmitted the fol
lowing written opinion to Auditor Mar
celino Garcia:
Referring to the matter of the distribu
ton of the Albuquerque National bank
funds for court purposes, as to which yor
have requested my official opinion, beg
to say: Under the provisions of chapter
% of the laws of 1896, 1t is the duty Of
the clerk of the district court to issue Ger
tiicates of indebtedness against the fund
by an order of the court in which sucf
expenses shall be incurred"
The clerk is required thereupon tc
transmit to the territorial auditor list
of such certificates, and the auditor issues
warrants for the original certificates wher
presented, checking the same off from
the list furnished him by the clerk
There is nothing In the act that would
Justify the issuance of such certificates
by the clerk IN anticipation that such ex.
penses shall be incurred and thus in ad-
vance of term of court actually held.
Neither does the law contemplate that
such funds shall be drawn out by an
omnibus certificate in favor of the clerk
anu ouoooHuoAu uAoouAoou w "oduo vi
warrants drawn by him on the county
treasurer with whom the proceeds of the
certificate shall have been deposited
Under the law the fund is to meet ex-
penses actually incurred, not those the
making of which may be simply mat
tor of contemplation; the certificates are
to be drawn, not in favor of the clerk by
the clerk, but in favor of the several
jurors, witnesses, ETC., by the clerk; the
disbursement of the fund is not put in the
hands of the clerk but is to be by war
rants issued by the auditor of public &C.
counts; and, finally, payments are to be
made not by the county treasurer, but by
the territorial treasurer. believe this
statement covers the inquiries you have
made on this subject.