Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-05-25
Sslicitsr General Bartlett De.
cIares That Warrants Can
net Be Issued Against
Funds Where No
Money Is On
Hand
BREAK BATEMAN LAW
Neither Can Warrants BeDrawn
Against . Particular Fund and
Paid From General Fund

Upon the request sof Travelling Aud.
itor Charles v. Stafford, Solicitor Gen.
erai Il. T. Bartlett has given the fol-
bwing written opinion relative 10 the
drawing 81 warrants by boards OF
county commissioners against funds
In which there Is no money, declaring
SUCH practice illegal:
Santa Re. n. NJ, May 16, 1904.
Hon. q. v. Stafford, Travelling Auditor.
Dear Sir-Your inquiry 10 me In re-
gard to soyerdrafts' by the county
commissioners N warrants issued BY
them o different county funds. has
had my attention, and | do not under,
stand how such d state of facts can
exist, Ii l understood correctly what
Is mean by .oyerdrafts.s
Under the Law, section 4069, Com
piled laws Of 1897 which was passed
In 1882. aiha county clerk shall keep
full and complete accounts with the.
county collector with each separate
fund or tax by Itself, etc. Section
755 and 756 OF the compiled laws Of
1897, require the probate clerks to
keep a separate book for the sole pur-
pose or keeping an exact account OF
all county moneys. The laws Of 1901
MT page ISL, allow the county boards
to levy a tax Of five mills for current
expenses Of the county, and at page
1873, same laws, two mills IN addition
for court house and jail funds.
Section 343. compiled laws. 1897.
makes an interest fund on bonded in.
dcbtedness 4 special fund, section 1928
also makes the court fund special, and
there are provisions Of law for special
icvies for cattle and sheep sanitary
funds. Also for wild animal bounty
funds. Also Tor roads and bridges;
and the school funds for the sever.
al districts, as are the Ievias authoriz.
ed to be made for cities and other
municipal corporations within the lin
it, on the county.
Under section e96 compiled laws OF
1897, each county commissioner Is re.
quired to give q bond In the sum Of
$1,000 Tor the faithful performance Of
his duty. and the following section.
GOT. provides that all moneys paid
without authority of law, shall be re
covered from the comfy commission.
ers on their bonds.
There are other SECTIONS OF the
statute providing for the removal 81
county officers, who shall fall in their
duty In any respect Section io67 as
amended by section 2 OF chapter 81.
laws OF 1901 provide that the collec'
| tor ~ taxes shall give a receipt for
. the amount Of tax pertaining r.spcc.
lively 70 the territory. county city or
town. and 20 any special levy or ley
les that MAJ have been made. and
section i06s complied law as amend.
ed by section 3 Of the above recited
act provides that the collector shall
apportion 10 the several funds Of his
county moneys by him collected dur
INK the last preceding month, IN &C
cDrdance with the levy made for said
N2 N EI# IT,
funds. and file a written report OF III,
same with the probate clerk OF bis
county, showing The amount on that
date apporiioned 20 each Of said funds
From all Of which II IL evident tina,
each fund in the county. Is 10 be KEEP
separate and distinct from every othel
fund, and only the taxes paid 10 create
the funds can 10 into II or be ais
bursed from Ii. The soeaIleJ Batemar
law provides that section 299, com
piled laws q 1881, that il shall b,
unlawful for any board or county com
missioners % contract any debts dur
ing any curran year, and any viola
ton Of this act shall he q mIsde
meanor punishable By fine and i'm
prisonment, Section sOb recognize
the difference between the a 10
general county purposes and assess
ments for special purposes and FUNDS
So, A. ! have said above. " Their
are y ..oyerdrafts." /. e. a warran
drawn against a fund in which Their,
Is no money, II Is 4 violation of ID,
Bateman law punishable BY fine an,
Imprisonment.
II the warrant Is drawn against
particular fund and paid out Of IN
general county, interest. Or any othe
fund. than the particular one again.
which II is drawn, ii subjects the copr