Santa Fe daily New Mexican., 1895-04-27
PUBLIC HOSPITALS.
Construction of the Territorial Law
Relating to Their Support
and Conduct.

Hon. Marceino Garcia. Territorial Auditor,
Santa Fe, N. Nj.
Dear Sir:-Referring to the disputed
I items in the accounts presented by the
Ladies Relief society of Las Vegas for
the period from February 21, 1895, to
March l, 1895, ana upon which my official
opinion has been requested, beg to say
in reply: All of the items of expense ex
cept that for repairing, which bears date
March 5, were incurred during the 45th
fiscal year, are provided for by the pro-
visions of the appropriation bill of 1898,
and should therefore be paid out of the
fund provided for in that bill. The ap-
preparation bill of 1898 plainly states
that "no part of any fund SO appropri-
ated-i 9. for pitals-shall be used
for the salaries of employees or officials"
Now an employe is 'one who is en-
ployed," A. q E. Ency. Of Law, Vol. 8,
page 637; and the concurrence of author
lty, both judicial and photographed, is
to the effect that "the words wages and
salary are Synonymous; they both mean
one and the same thing" Com. VS.. But
ler, 90 Pa. St. 542. The term "salary of
any employee" therefore, means simply
the wages paid any one employed. Two
of the items referred to are for the pay
of persons employed during the 45th tis-
cal year, Lydia Eckel, for housework, $50,
and Otto Schulenberg, outdoor work, Sill
NaIfh fhpr nf hos oh hnI11l ha al
as they are salaries of employees" which
the bill expressly provides shall not be
paid out of the $4,000 by it appropriated.
1t is to be noted that the legislature in
providing for the 46th and 47th fiscal
years excluded only the SALARIES of offic
ials," a change of some significance in
constituting the law in force prior to said
change.
can see no good reason for disallow-
ing the item of $l1e0 for plumbing,
which, according to the statement of the
authorities, was used In repairs upon the
stove and not in the permanent improve
ment of the premises. stove is as
Legitimate a subject of expense as the
nourishing food which it prepares.
The remaining rejected item is "W. T.
Treverton, repairs, S7l.65." In provid-
ing for the support of the institution in
question it can not be conceived that the
territory intended to appropriate funds
for the permanent enlargement and i'm
provement of the premises in which the
institution carries on its work, or GER
tainly this could not be done where, as in
this instance, the premises are rented.
Permanent improvements which would
rebound to the benefit only of the land
lord in case the premises were abandoned
should ordinarily be paid for by the
landlord or by individual enterprise or
private charity. I notice that your pre-
decessor during the last few months of
his term of office rejected an item of
$4,000 due the same creditor for "build-
ing" The exercise of his judgment in
that case seems to me to have been wise, and
as the item now under consideration is of
the same character l think it would be
well for your office to consider as
precedent the action of Mr.. Perez in the
$440.90 item above referred to. As it is
not clear, however, just how and where
these repairs were made, recommend
that you obtain further particulars from
the institution as to the same before
finally disallowing the item, the matter
to be decided when the facts are fully de-
veloped, in accordance with the views
above set forth. Respectfully,
JOHN P. V1croBY,
Solicitor General of New Mexico.