Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-12-02
MILEAGE OF SHERIPPS.
Opinion of Solicitor General E. L. Bartlett
unou That Question.

|
ent shemfrs for bringing prisoners to
the penitentiary or for requisitions car
ried out by them. One Of the sheriffs has
retained an attorney TO ask for man
damus compelling Mr.. Ortiz to allow his
| bill, should the attorney deem this
course advisable. Each one Of the five
she1'frs construes in a different way the
| law ON mileage and transportation al
lowances for prisoners and deputies.
The following opinion by Solicitor Cen
eral Bartlett is therefore timely:
| Your favor of yesterday, inclosing
accounts of three different sheriffs for
| transportation of conyicts to the peni-
| tentiary, and asking my opinion as to
last Legislature approved February 4.
| 1899, as to the amount of mileage and
! other expenses pr.sss.ir allowable To
such sheriffs, has had my consideration,
and in reply would say that the impor-
tance of this question is shown from the
| fact that each of the three sheriffs con-
strues the law in a different way, two
Of them charging the mileage of the
prisoners at l21a cents per mile, as well
as their own and the deputies mileage
at the same rate; one of these, in addi-
tion, charged the railroad fare of the
prisoners as we'll as the 121a cents per
mile while the third account only
charges the actual railroad fare of the
CHI ard all
ers.
THE new law to which you refer
council bill No. 3S-expressly amends
section II of chapter so, session laws of
1897, which took effect January /, 1899.
This section II repealed the previous
law on the subject-Compiled Laws Of
1897, section 1S04-which was passed
February 2S, 1895, and was in force up
to the first day of January, 1899. This
section, 1904, expressly provided that
the sheriffs should be paid at the rate
Of 121a cents per mile for each mile actu-
ally and necessarily travelled in serving
any process, order, citation, execution,
summons or decree of any court, and
rate of mileage for himself for each
prisoner and for each guard to the pen
itentiary, and one dollar day for feed
ing prisoners ell route to the peniten-
tiary. Section II of chapter 80 referred
to above and found in the Compiled
Laws of 1897, at page 305, provided that
the sheriffs should be allowed the ac-
tual expenses incurred in conducting
such prisoners to the penitentiary and
returning therefrom, the sum of four
dollars per day for said sheriff and two
dollars per day for each guard, elimi-
Mating entirely the constructive mileage
of 121a cents.
"The act Of 1899, February 4, council
bill No. 3S. expressly amends said sec
ton IL so as to read as follows: THE
sheriffs of the several courties of this
territory shall be paid mileage at the
rate Of twelve and one-haf Q2E) cents
a mile for the distance actually and nee
essarily Travelled in serving any war
rants, process, order, citation, sum
mons, jury venire or decree of any
courts now provided by law; and ex-
pressly repeals all acts and parts of
acts in conflict herewith. There is no
doubt but what a commitment to the
penitentiary is a process, order or de-
cree of court, for the execution of the
service of which the sheriff is entitled,
under the new law for mileage, at the
Of TLa ne
tion 1904 and of section H. not referring
to mileage, are not repealed.
Therefore, my opinion Is that sheriffs
are entitled to receive from the terri
tory for transporting prisoners to the
penitentiary mileage at the rate of 1212
cents per mile actually 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 per day, and for
guards 81 per day, in addition to their
actual railroad fare, and for the pris-
oners actual railroad or other fare paid
for them, together with actual expenses
incurred by the sheriff. guard and pris-
orDers for meals and hack hire. That
this was the intent of the legislature is
shown in the appropriation bill for the
fftieth, fifty-first and fifty-second fis-
cal years, where the appropriation is
made for per diem and expenses of
sheriffs I'M conveying prisoners to the
penit entiary, instead of for transpor-
tation of convicts to the penitentiary
and executing death warrants as here
tofore, the amount Of such appropria-
| tion is also reduced from $4,000 to $4,000
| annually"