Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-09-01
CANNOT ISSUE WARRANTS.
SOlicitOr-GeneraI Fail Renders An
Opinion on the Bateman Law in
Reference to School warrants
and Funds

Hon, Placido Sandoyal, Superintendent of
Public Instruction, Santa Fe N. NJ.
Santa Fe, N. NJ, Aug. 81, 1S97.-Dear
Sir: am in receipt of your letter dated
August 5, accompanied by one from the
clerk of the board of school district No.
8, of Lincoln county, in which my official
of chapter ~ of the laws of 1897, known
as the Bateman law, as applicable to the
state of facts set forth in that letter. The
facts briefly stated seem to be that on
September l, 1896, an agreement was
made between the board of directors of
the school district mentioned and two
parties, by which they were to teach in
the school district for term of 36 weeks,
beginning September IA, 1896. The SER
vice was duly performed as contracted
for and warrants in payment therefor
we're issued, but owing to lack of funds
these had not been paid at the date of the
passage of the law above referred to.
There now being some funds in the treas
ury, the questions propounded are, first,
can new warrants be now issued in lieu Of
the old warrants? or, second, if this can
not be done, may the funds now on hand
be utilized in taking up these old war.
rantsf Replying to the first of these in
quiries l beg to say that, in my opinion,
there is no Authority under the Bateman
act to issue the proposed warrants, (see
section 15). The second point is one more
difficult and involves consideration of
the law as whole. Without giving in
detail the reasons for the conclusion, 1
beg to say that, in my opinion, the law
referred to provides for a school year
ending September l, 1897.
Under the act the time of expiration
of the present or current school year is
extended to August 81. 1897; otherwise
there would be no school year after July
l, 1897, until the new school year began
school year commencing July l, 1896, and
ending August 81, 1897, should therefore
be applied to the payment of expenses
incurred during the same period; but it
is not permissible to 20 back and apply
to accounts, if any, made prior to July /,
1896, any part of the moneys OF the our
rent year, i. g., any part of the regular
school district income for Tat period.
Upon the passage of chapter 40 of the
acts OF 1897, if there were any money in
the treasury belonging to the current
year the same should have thereupon
been devoted to the accrued indebtedness
of the current year. The moneys re.
ceived during the period from March ~
to June l, should have been devoted to the |
expenses Of that incomplete quarter IN
der the new school year. If at the end Of
that quarter, to wit, on June l, any
amount remained over it might still be
applied to the Indebtedness of the our
rent year incurred prior to March IL,
and the same might be done as to any
balance remaining at the end of the next
quarter and the current year, to wit, Aug
nst 81, 1897. Parties holding indebted
ness for the current year incurred prior
10 the passage of the act, had, during all
this time and up to the first Monday of
August, the right to take bonds. If they I
slected to take the chances Of the pro-
Feeds of the current year being sufficient
10 satisfy their claims and thereby al
owed the period within which they might
'eceivs bonds TO 70 BY, they have no ono