Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-10-22

you have no right thus to lecture
Or instruct me o. 10 the performance
II ny oAlcial duties. and than
/ have to give you such Instructions.
The fact that you undertake TO do
70 in this manne carries with It the
implication that ! am not doing my
duty, but assuming that you do not
or desire your letter to be 80
understood, ! make this answer.
Il do not recognize that you are
officially entitled 10 any statement OF
position, or explanation OF my
course. as to the matters TO which
you refer In general terms, but while
making this disclaimer, | Will briefly
state some OF the conditions.
..The most glaring and offensive
abuse ID which | called attention In
a statement TO tho public which was
published on October Z, Ii as To the
withdrawal from the general school
fund Of large amounts Of money for
services which never could have been
performed.
con March IA, 1901, q law was en-
acted by which the county snperin-
tendent IN this county was y be paid
Ave dollars per day for his time, ser
vices and expenses in visiting schools
in The county while In session. no
81 exceed three days u q district nor
10 exceed fortysnve districts IN any
Eone yenr. IL will tie seen that the
limit OF this charge Is s675 a year
for las days or visiting schools.
Eighteen days after the enactment OF
this statute, the then superintendent
In this county, Mr.. Frank A. Hubbell.
obtained the allowance OF d bill by the
county commissioners fun $6I5 for
visiting forty.flye school districts.
His bill was not verified nor itemiz-
ed. Tho impossibility Of his having
VEAttl uith IHG 5Eifiit@ - WHi1H nv
charged Is obvious. On January O,
1902, upon a like bill, he obtained
from the general school fund, another
$G75 for 1876 days Of visiting schools.
From The beginning 81 the then u
rent school year to January Q, 1902,
there hal been perhaps as many as
seyonty.fige school days. On October
8, 1902, when the school year had
Just begun. Mr.. Iiubbell took from
tho general school fund. upon another
~nnitcmlzed and unverlled voucher,
$675 more for another 1875 days or
visits. ON April 3. 1908. the present
school superintendent. Eslayio Vigil,
did the same thing. AT this time he
had been In Office ninety.three days,
Of which twenty.six days were Satnr-
days and Sundays, when schools are
not In session. These things are
shown BY record evidence In the Of
flce Of the county clerk and treasur-
er. and they do not admit Of any de-
NAL, excuse or explanation.
AS to the remedy to be applied,
! agree with you that suit should be
brought in the district court 10 RE-
cover all Of this money, but in these
particular matters. us well as In I'LL
the others referred To In my published
statement. tho injury Ii to the coun.
" treasury, and | have no power, as
You appear TO think, to bring suits on
behalf OF the county without author
ity from the county commissioners.
Had you examined the Inv on this
point. you would hardly have writ.
ten as you have 70 me az 10 my duty
In the premises. On October 4 |
wrote 10 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.
4 am not nc all satisfied that in.
dictments could be maintained against
these school snperlntendents. From
my general knowledge OF existing con
ditions. ] have no hesitation in say
Ing that no useful purpose woufJ be
served by calling a special grand jury
as you speak Of doing. and the OK.
pensc OF such u grand jury would be
large.
Il have written thus at length In
order that YOU may have the same
and information as | have
with regard 10 a portion OF the OIL.
cial acts of which the public com.
and also In order that You may
see that the district attorney alone
Is unable 10 apply any eilicacious
remedy.