Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-08-07
AN ABLE
OPINION
The Safeguards Thrown Around
Public Funds must be Kept
lnvioIate.
BY JUDGE JOHN R. M'FIE
In the Mandamus Proceedings Of the
Agricultural College VS.. The
Territorial Treasurer.

Territorial Treasurer.
The opinion Of Judge John r. McFie,
in the application for writ of man.
damus in the case of the Regents of the
College of Agriculture and Mechanic
Arts VS.. John H. Vaughn, treasurer Of
New Mexico, is of such great import
ance that the New Mexican herewith
publishes it in full, The opinion helps
much to confirm the excellent financial
credit that has come to New Mexico of
late years for it demonstrates that ev-
cry safeguard thrown around the public
funds will be observed and kept invio-
late by the courts Of the territory. The
readers of the New Mexican are fam :
lar with the details of the case and
opinion further elucidates these :
as follows:
This case, in my judgment, is
the most important that has ev
brought to the attention of this
The plaintiff represents one of tn 49,
lie educational institutions of the terri
tory, whose necessities for additional
buildings, repairs, etc, are so urgent as
to appeal very strongly to the court for
the relief prayed. The defendant on
the other hand, represents the territor-
ial treasury, is the custodian of all its
funds which are drawn from the tax
payers Of the Territory, and he is held
rigidly accountable under a bond Of
four hundred. thousand dollars, for COM
plance with the law in the handling
and disbursing Of the territorial funds.
However much, therefore, the court
may desire to extend relief to our needy
territorial institutions, public policy.
due regard for the interests of the tax
payers and the maintenance of public
credit, alike forbid laying down any
lax rules for the withdrawal of funds
struction or Interpretation of appro-
priation statutes. and those involving
the withdrawal of such funds, strict
compliance with the language of the
there is doubt or ambiguity, the same
should be resolved in favor of the ter
ritorial treasury. 1t is in the interest Of
all, that there should be no inaccurate
or uncertain legislation concerning the
appropriation of money from the terri
torial treasury, and where there is such
legislation, it is preferable that such
acts should be held void or imperative
AS the case may be-ratner than that
public funds shall be withdrawn or
transferred from the treasury by the
aid of the courts, through a liberal
construction of an uncertain or mac
curate statute. These remarks are all
of general nature, but are intended to
indicate the views of the court in ap-
proa aching a decision of the case i'm
hand
In this case the petition WAS attached
to, made part Of the writ served upon
the defendlat as SUCH AMI under our
practice, where this is done, the allie
cations of the petition should be trav-
ersed by the return, and otherwise. are
cdmitte1. The return in this case does
not traverse all Of the allegations Of
the petition, but does traverse what
conceive to be the vital allegations,
and in doing this, raises one issue
which defendant evidently relies upon
ing, except as to the funds which
were in his custody to the credit of the
Louisiana Purchase Exposition fund.
and were transferred by him to the
Temporary Provisional Indebtedness
fund, established by section 10 above
referred to. The return admitting such
transfers and disclosing that there re-
mained in this fund, at the time this
proceeding was commenced the sum of
$2,S76.43. Judgment will be for the plain
tiffs for that sum.
AS to the remaining portion Of the
relief prayed for, the defendants re-
turn denies that there is any money In
his custody to the credit of the "Capi-
to, BNlding Bond Fund or the PRO
visional Indebtedness Bond Fund" and
for that reason he cannot comply with
the requirements of the alternative
writ This return amounts to a denial
that it was the legal duty of the de-
fendant to transfer any funds to the
fund provided for under section 13. and
thus the sole issue for the determine
ton of this court. as disclosed by the
pleadings. is presented.
Concisely stated, the facts are: The
Legislature at it's last session, made.
cash appropriations for the public In
stitutions in addition to those provided
for by taxation, and for many other
purposes, amounting to sl45ooo. Of
which sum the plaintiffs were to re-
ceive $4,000. These appropriations
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