Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-02-25
IMPORTANT OPINIONS.
Sheriff Haynes Must Settle MS Liabili-
ttes-Ieaeher'S Certificate.

UNA- iCdNncIh iCIlllSsNC.
Gen. Il. l. Bartlett, solicitor general Of
the territory, has returned the following
opinions:
SHERIFF. HAYNES MUST SETTLE.
Hon. Marceliuo Baca, Auditor Of Public Ac-
counts:
Santa he, Feb. 20. lSg9.-Dear Sit
Your favor Of the 18th prox., enclosing
letter and account OF II. Z. Lea, deputy
assessor OF Chayes county. asking for the
pay Of his account. and stating that
e.. ", bAynes, the tx sheriff and collector
Of said county tor the years lSy7-lSgS,
had not IA yet settled with the territory
for collections during the year 1898, aud
held 5000 due TO the territory because
the territory was indebted to him TO the
amount $500. ION account Of transpor-
tation oil cOuyicts fund for the forty.
eighth and forty ninth fiscal years" and
asking my official opinion a. TO what
steps to take. to compel the said Haynes
~ pay the amount due the territory on
the tax roll OF 1898. II received, and In
reply would say that the account OF Mr..
Lea cannot be paid by you until you
learn from the collector MIA amounts
have been collected by him on the M.
sessment made by Lea.
la regard To the ex.sneriif not settling
with your Uflics and turning over " you
the collections made by nim for the
reason that tins territory Is claimed IT,
him tOr past uscai years on account
Of Transportation Ot cOnylcls fund" 1
would say, that such action u "a clear no
latiOn OF law, and subjects Mr.. iiay lies,
10 suit upon his bond, and all the other
penalties provided TOT neglect OF duty
See sections iU6S, 4lO5, ilbl, ilG2, 1iG q.
7i6 b; 2Jdi, OF the compiled laws OF 1891,
and ~ Is your duty ~ make the csTtln
cate 10 the district attorney VI Lincoln
county, Oh the s0ilCit0r-generBl required
by section 206l, VI the compiled laws vi
1897. IL cannot be tolerated that Otlicers
audit their " accounts ana hOi0
moneys when they claim To be- due
them trOm FUNDS ia thcir hands. These
territorial taxes held by the late col
lectOr were assessed and levied for yarI
Gus purposes, "a very small proportion vi
which was for the transportation of
cOnyicts fund" and this small proper.
ton for that iund IL all that the sheriff
could claim, u III that he Ia obliged 10
share with other sheriiis who peffOTm
duties. II Is u tact that this fund
FOR the f0rty-eighth uscal year was ~
hhusted long before the end OF the year
accounts had been allowed agaIuot u
by you much In excess Of the a%pprOpria-
tlon, | presume that OF hr. Haynes
among the number. These are
legitimate deficits to be- met and provided
for by the present legislature, for which
purpose, | understand, IA bill tx nOw ia
preparation, cannot believe that Mr.
Haynes, when he understands the legal
NlmHllllH and ihn nauHuI AhINaVaNt AH. 49,. =
under, will persist In his course, which is
practically, and possibly legally, embez.
Element Of pubic funds, and | suggest
that you sent hin a copy OF this opinion
with your formal demand for settlement,
and II he does not promptly comply, you
should then proceed under the law to
compel him to perform his duty.
TEACHERS CERTIFICATE GOOD.
Juan N. Vigil, Taos, N, NJ
santa fe, heb. 70, lSg9.-Desr Sir:
Your favor Of the 18th inst, Stating thai
you had taught school under "a contract
with the board OF school directors OF
de Taos, under which you re
ceiyed one months pay, but that the
superintendent refused TO sign
the order for your wages drawn by The
directors for the reason that you held no
for the year 1898, although
you did hold certificates issued In the
years 1891, 1892, 1893 and 1897, which
you claim To be sufficient In compliance
the law requiring examination,
under section l,526, compiled laws OF
1897, and asking my opinion a. TO
whether your view Is correct, IL received,
and In reply, would say that this
communication should have been ad-
dressed To tina suDprintpndpnt Of nuhtic