Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-04-01
STRENGTHENING THINGS OUT.
Solicitor General Bartlett Explains to the
Territorial Auditor Just What Sherifs
Are Allowed for Bringing Prison
ers to the Penitantiarv.
ers to the Penitentiary.

Santa Fe, N. M, March 81, 1899.
Hon. Marcelino Garcia, Auditor of Pub
lie Accounts, City:
Dear Sir-Your favor of yesterday.
inclosing accounts of three different
sheriffs for transportation of convicts
to the penitentiary, and asking my
opinion as to the effect of council bill
No. 50 of the last Legislature, approved
February 4, 1899, as to the amount of
mileage and other expenses properly al
lowable to such sheriffs, has had my
consideration, and in reply, l would
say that the Importance Of this ques-
ton is shown from the fact that each
of the three sheriffs construes the law in
a different way, two of them charging
the mileage of the prisoners at twelve
and a half cents per mile, as well as
their own, and the deputies mileage at
the same rate; n of these, in addition,
charged the railroad fare of the pris-
oners as we'll as the twelve and a half
cents per mile, while the third account
only charges the actual railroad fare of
the sheriff and guard as well as the
prisoners.
The new law to which you refer, coun-
Gil bill No. 3S, expressly amends section
II of chapter 60, session laws of 1897,
which took effect January l, 1899. This
section II repealed the previous law on
the subject, Compiled Laws, 1897, sec
ton 1904, which was passed February
%, 1896, me was in force up to the first
day Of January, 1899. This section, 1904,
should be paid at the rate of twelve and
a half cents per mile for each mile act
ually and necessarily Travelled in serv-
ing any process, order, citation, execu-
ton, summons or decree of n court,
and shall also be allowed and paid the
anne rate Of mileage for himself, for
each prisoner, and for each guard to
the ~penitentiary, and one dollar a day
for feeding prisoners en- route to the
penitentiary. Section II Of chapter so,
referred to above, and found in the
Compiled Laws Of 1897, at page 305, pro-
vided that the sheriffs should be al
lowed the actual expenses incurred in
conducting such prisoners to the peni-
Tertiary and returning therefrom, the
sum of four dollars per day for said
sheriff and two dollars per day for each
guard, eliminating entirely the con-
structive mileage of twelve and a half
cents.
The act Of 1899, February 4, council
bill No. 80, expressly amends said Sec
ton II so as to read as follows: 1.-THE
sheriffs of the several counties Of this
territory shall be paid mileage at the
rate of twelve and one-halfd2 1-2) cents
a mile, for the distance actually and
necessarily Travelled in serving any
warrants, process, order, citation, sum-
mons, jury venire or decree of any
court now provided by law" and ex-
pressly repeats all acts and parts of acts
in conflict herewith. There is no doubt
but what a commitment to the peniten-
tiary is "a process, order or decree of a
court" for the execution of the service
Of which the sheriff is entitled under
the new law of mileage, at the rate, of
twelve and a half cents. The portions
Of section 1904 and of section II not res
ferring to mileage, are not repealed.
Therefore, my opinion is hat sher-
ifs are entitled to receive from the ter
ritory for transporting prisoners to the
penitentiary, mileage at the rate Of
twelve and a half cents per mile actual
ly and necessarily travelled from their
county seat or where they may receive
the prisoner, to the ~penitentiary and
return. Also per diem at the rate of 81
addition to their actual railroad fare,
and for the prisoners actual railroad or
other fare paid for them, together with
actual expenses incurred by the sher-
iff, guard and prisoners for meals and
hack hire. That this was the intent
! of the legislature is shown in the ap-
preparation bill for the f1ftieth, fifty
first and fifty-second fiscal years, where
the appropriation is made for "per diem
and expenses of sheriffs in conveying
prisoners to the p~enitentiary," instead
of ''for transportation of convicts to the
| penitentiary and executing death war;
rants" as heretofore, the amount of
such appropriation is also reduced from
five thousand to three thousand dollars
annually.
Very respectfully,
EDWARD L. BARTLETT,
Solicitor General of New Mexico.