Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-10-21
CLOUDS GATHERING IN
BERNALILLO COUNTY
c Correspondence Between Judge B. S
Baker and District Attorney Frank
w. Clancy That Indicates the
Breaking of a Storm for
Political Corruptionists.

officially entitled to any statement of
my position, or explanation of my
course as to the matters to which you
refer in general terms, but while max
ing this disclaimer, l will briefly state
some of the conditions.
"The most glaring and offensive
abuse to which called attention in a
statement to the public which was pub
| lished on October 7, is as to the with
drawal from the general school fund
of large amounts of money for SER
vices which never could have been
performed.
"On March IA, 1901, a law was enact
ed by which the county superintend-
ent in this county was to be paid five
dollars per day for his time, services
and expenses in visiting schools in the
county while in session, not to exceed
three days to district nor to exceed
forty-fve districts in any one year 1t
will be seq that the limit of this
charge is a5I5 a year for 135 days of
visiting schools. Eighteen days after
the enactment of this statute, the
then superintendent in this county,
Mr. Frank A. Hubbell obtained the al
lowance Of bill by the county COM
'missioners for $675 for visiting forty
five school districts His bill was not
verified nor itemized. The impossible
ity of his having performed the SER
vices for which he charged is obvious.
n,, t., hi
he obtained from the general school
fund.- another $675 Tor 135 days OF
visiting schools From the beginning
of the then current school year to jan
uary 6, 1902 there had been perhaps
as many as seventy-five school days.
On October s. 1902, when the school
year had but just begun, Mr.. Hubbell
took from the general school fund, up
on another unitenlized and unverifled
voucher, $675 more for another 1876
days of visits On April 3, 1908, the
present school superintendent, Esla-
vic Vigil. did the same thing. At this
time he had been in office SO days, of
which 26 days were Saturdays and
Sundays, when schools are not in ses-
sion. These things are shown by rec
ord evidence in the office of the cOun-
ty clerk, and treasurer, and they do
not admit of any denial, excuse or ex-
planation.
"As to the remedy to be applied,
agree with you that suit should be
brought in the district court to recover
all of this money, but in these parti-
cular matters, as well as in all the
others referred to in my published
statement, the injury is to the county
treasury, and have no power, as you
appear to think, to bring suits on be-
half of the county without authority
from the county commissioners Had
you examined the law on this point,
you would hardly have written as you
have to me as to my duty in the
premises. On October Z, | wrote to
the county commissioners upon this
subject, but have as yet had no answer
from them. While the law makes the
district attorney the legal adviser of
county officials, he is given no control
over their official action.
81 am not at all satisfied that in
dictments could be maintained against
these school superintendent. From
my general knowledge of existing con.
ditions, | have no hesitation in saying
that no useful purpose would be serv.
ed by calling special grand jury as
you speak of doing, and the expense
of such a grand jury would be large.
81 have written thus at length in or
der that you may have the same knowl-
edge and information as l have viii
regard to portion of the official acts
of which the public complains, and al
SO in order that you may see that the
district attorney alone is unable to ap-
ply any efficacious remedy.
Very Respectfully,
"F. w. CLANCY,
District Attorney"