Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-02-23
OPINION BY SOLICITOR BARTLETT.
Teachers Certificate is Continuously Good
for the Grade of Its Issue-Sherif
Haynes Must Settle His Territor-
ial Liabilities,


ial liabilities.
Solicitor General Bartlett has rendered
two important opinions, the full text of
which are as follows:
Mr.. Juan N. Vigil, Taos, N. NJ.
Santa Fe, Feb. 20, 1s99.-Dear Sir:
Your favor of the nth inst, stating that
you had taught school under a contract
with the board of school directors of
Ranches de Taos, under which you re-
ceived m months pay, but that the
present superintendent refused to sign
the order for your wages drawn by the
directors for the reason that you held
no certificate for the year 1898, although
O did hold certificates issued in the
years 1891, 1892, 1898 and 1897, which
you claim to be sufficient in compliance
with the law requiring examination,
under section 1926, Compiled Laws OF
1897. and asking my opinion as to
whether your view is correct, is re-
ceived, and in reply, would say that this
communication should have been ad-
dressed to the superintendent of public
instruction, as / am not permitted to
give opinions save to the territorial Of
ficers. But in order to save time and
get at the real merits of the case, | will
advise you that it was not the intention
of section 1926 to compel each teacher
to have an examination every year.
There is no limit to the time for which a
certificate holds good; the only require
ment for examination is when you de-
sire a~certificate of a higher grade than
what you now hold. Section 1885 gives
the school directors entire control over
the employment and payment OF teach
ers, the only limitation being contained
in section 1886, which requires the sig
nature of the county superintendent to
the order. This he cannot fail to give
without subjecting himself to the penal
ties provided for violation of the duty.
/ trust this opinion will be sufficient
for his information, and that there may
be no further delay in this matter.
SHERIFF HAYNES MUST SETTLE.
Hon. Marcelino Garcia, Auditor of Public
Accounts.
Santa Fe, February 90, 1907
Dear Sir.-Your favor Of the 18th,
prox., enclosing letter and account OF
F. P. Lea, deputy assessor OF Chaves
county, asking for the payment OF his
account, and stating that G. w. Haynes,
the ex-sheriff and collector of said conn-
ty for the years 1S97-1S9s, had not as
vet settled with the territory for col
~lections during the year 1898, and held
81, 900 due to the territory because the
territory was indebted to him to the
amount of So, 800, ION account OF
transportation of convicts fund for the
4Sth and 49th fiscal years. and asking
my official opinion as to what steps to
take, to compel the said Haynes to pay,
the amount due the territory on the tax
roll of 1898, is received; and in reply
! would say that the account OF MIR. Lea
cannot be paid by you until you learn
| from the collector what amounts have
been collected by him on the assessment
made by Lea.
In regard to the ex-sheriff not settling
with your office and turning over to you
the collections made by him for the
reason that the territory is claimed to
owe him for past fiscal years on ac-
count of Transportation OF conyicts
fund.- l would say, that such action is
a clear violation of law, and subjects
Mr.. Haynes, to suit upon his bond, and
all the other penalties provided for
neglect of duty. See sections 406s, 4l0s,
4161, 4162, TAG a, TAG b; 1867, of the
Compiled Laws of 1897; and it is your
duty to make the certificate to the dis
trict attorney of Lincoln county, or to
the solicitor general required by section
1861, of the Compiled Laws of 1897. 1t
cannot be tolerated that officers shall
audit their own accounts and hold out
moneys which they claim to be due them
from funds in their hands. These ter
ritorial taxes held by the late collector
we're assessed and levied for various
purposes, a very small proportion OF
which was for the Transportation OF
~convicts. fund.- and this small proper
ton for that fund is all that the sheriff
could claim, and in that he is obliged to
share with other sheriffs who perform
similar duties. 1t is a fact that this
fund for the 48th fiscal year was
exhausted long before the end of the
veal and accounts had been allowed
against it by you much in excess of the
appropriation, l presume that Of Mr..
Haynes among the number. These ac-
counts are legitimate deficits to be met
and provided for by the present legisla.-
ture, for which purpose, l understand
a bill is now in preparation. | cannot
believe that Mr.. Haynes when he under
stands the legal liability and the moral
obligation he is under, will persist in
his course, which is practically, and
possibly legally, embezzlement of public
funds, and l suggest that you send him
a copy of this opinion with your formal
demand for settlement, and If he does
not promptly comply, you should then
proceed under the law to compel him to
norfnrm his dirty. -