The Eddy current., 1899-04-08
sTRAIuHTHNINd THINGS OUT.
Solicitor oensrai bartlett Explalns
Just What sherifis Are Allowed
for Bringing Prisoners 10 the
penltentlary.

Ptnltentiary.
Santa Fe, n. M March "a, 1899.
Hon. Marcslino Garcia, Audisot Of Pub.
he Accounts, Cityi
Dear bit-Youf favor OF yesterday,
inclosing accounts Of three different
sheFifs for transportation Of oOnviots
10 the penitentaFy. and asking my opiu'
a. 10 the effect Of council bill No, - OF
Of the last legislature, approved February
4, 1883 ~ the amount Of mileage and
other expenses properly allowable 90 sucn
shefide haa had ny confederation, aud IN
reply. / would say that the Importance Of
this question is shown from the fact that
each uf the three uhefiffs oOnatruoa the
lac Ia 9 different way, two OF them chafg'
log the mileage VI the prisoners ~ twelve
ard half conts per miie, ne Soll ~ their
own, and the deputies mileage ~ the same
rate; one OF these la addition, charged the
failrOae fard Of the prisoners aa well -
tv,te and ahsif cents per mile, while
the third account only ohafgea ths
actual railroad fare Of sheriff and guard
a. we'll 90 the prisoners.
The new Law 70 which you refer, conn
oil bill No. 80. expressly lamtnds section
II OF chapter co, session laws % 1927,
which took sfieot January /, 1899. This
section II repealed the previoas Law on
tho subject, Complied laws, 1897, SEQ
lion 1904, which was passed February
20, 1895, aud was Ia force up 70 the nfst
day OF January. 1899. This section, 1874,
eHpressly provided that the sherifis
should be paid al tho rate Of twelve aud
q half oents per mile for each mile act
ually end necessarily travelled In serv'
ing any pfOoeas, ofdes, citation, eHecu-
non. summons or decree Of any court,
and shall also ba allowed aud paid the
same rate OF mileage for himseif, for
each prisoner, aud for each guard 70 the
penit6nitary, and one dollar day fot
feeding pfifOnt enfOuto % the poniten-
tiaFy. Section II Of chapter 60 referred
10 above aLd found Ia the Complied Laws
Of 1897 At page 800, provided that the
shefins should DO all0Wed tnv aotua ex'
pensua incurred "a conducting such pris-
oners TO the penitsutiary sud returning
theFefFom, the sum Of four dollars poi
day for said sheriff aud two dollars poi
day for saon guard, eliminating entirely
She constructive mileage OF twelve and
half oenta.
The aot OF 1892, February I, council
bill No. ~, expressly amsnds said sec
ton A 40 IA TO read as follows; "Tbs
/
terFi1ory shall be paid mileage at th'
rate OF twelve aud one. half(i2 i-2) cent
a mile, for the distance actually ans
necessarily Travelled Ia serving any war
ranta, ptooase, order, citation, summons
Jury ysnifo OF decree OF any court NOS
provided By law" snd expfesely repvalI
all acta aud part Vt aets In oouhict here
With. There 10 no doubt bot vhat com'
mitmont 70 she psnitentiaIy ts "a process
order or decree OF court" for the oxecu
tiOn OF the service of which the sheriff 4
emitted under the new Law of mileage, a
the rate OF twelve and n half cents. Thl
portions of section lsW aud OF section u
not referring 70 mileage, are not repealed
ThetefoTs, my opinion Ia that sherth
are entitled 10 receive from the territOfi
tor transporting prisoners 10 the pentten
tiaTy, mileage ~ the rate of twelve aud
halt osnta per mills actually aud uessaril
Travelled from their county svat or wher
they may T~oetve the prisoner, 20 the pen
itenitary and return. Also por dlem a
the rate Of ~ per day and tor guards
/ per day Ia addition ~ the actual RAILROAD
fare, end for the prisoners actual Fatlfoal
of other fare paid for them, togathe
with actual sH ponaea incurred by the ehel
~, guard aud prisoners for meals al
haok hire. That this was the intent q
the legislature IL shown Ia the appro
. priatlOn bill for the hfheih, nifty
nd fifty y.seoond hsoal yeats who're the ~
FFopEiAtiOu 10 made for "per diem aud u
psnses OF sheufis in convey ing prisoner
+ TO the peniten tiafy," instead OF nc
trans pOrtation OF eOny lots 81 the penitent
arr and executing death vArfants,' .
, heretofore, the amount Of -uoh Appf'
Q pFiation IL elso Tsdpeed ft"m tve theu
r sand 20 three thousand dollars annually
, Very respectfully,
EpwAHp L. BAHTLHTT.
Solicitor General OF Nov Mexico.