Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-04-01
SCHOOL WARRANTS TO BE
APPROVED ~ SUPERINTENDENT


Attorney Genaal George w. Prich.
ard. IN response 90 a request hy Su.
perrin endo1t Of Public Instruction va.
ram Hadiey has given the following
opinion ON two questions submitted by
the county school superintendent Of
Lincoln county
Santa re. n A.. March -. 1905.
Hon. Hiram fiadlny, superintendent
81 Public Schools. Santa ~, New
Mexico.
sir~YOurs 81 the gard Instant. with
n communication from the county
school superintendent Of lincoln
county enclosed, has been recelved.
The opinion Of this oilico Is rgquost,i
ON tho following points.
First Should county treasurer
report Ia the county superintendent of
schools the moneys rnised by Rpecial
loyles and paid out for intmost on
school house bonue1
Second Should warrants drawn by
school dirtsclors 10 pay lnfereat on
school house uonds. be presented 70
he county superintendent OF eChools
for approval before tney are presented
60 the County trcasf ~ for payment
a. to the nrst I9iuf submitted, you
are advised that We have no statute
requiring the county TREASURER 10 make
any report % the county auperlntend'
eni OF schools. regarding moneys peid
Qua ny him as interest on school house
bonds. lie u. however. required 90
notify the county superintendent 81
all funds In his hands and available
FOR school purposes.
The duty 81 making reports regard.
ing interest on school house bonds do.
wolves On the clerks OF tho school
boards of tho several schoDl districts.
Section 1885 OF tho complied laws Of
1897 rcads In pam a. follows: Tho
cloka % the several school districts
shall on or before tho ffst day OF May
Of each year, make report, 20 tho
county superintendent in writing snow
ing the amount OF money collected and
expended FOX school house site. sc'hool
houses and fuel. interest ON school
house bonds, contingent expenses. and
for salaries paid teachers within
twelve months preceding. by the same
section a n made Ahc duty o. the
school directors 10 see that the re-
ports provided for are properly made
to the couity superintendent Of
i "NIAkWANf NMNW - ANANNMNN ~ w. ~ "MN
iecfs them 10 prosecution for misde-
moanor. II will thus be- seen that the
county superintendent Of schools may
at all times be fully posted a. 20 the
payment Of Interest on school house
bonds II be- viii lnaisi on tho school
difrct0gs diFcharrlng their duties.
The second point submitted by you
for my opinion has also been r0nsid
cred. While I IND no specific provla
ion OF the statute requiring thW war
rants drawn by the school directors
for tho payment Of interest On school
house bonds. must hrst be presented
Ito tha COUNTY aupgf intondem 81
schools for approval. before the coun
~ traaNurer a authorized 20 pay tiom
as In the case Of tuachcrs' wages. yoi
/ DO fnd that tho county eupeTinispd
ent IL required 10 Investigate the IL
rality OF ali accounts. before fixing his
signature 20 the same. section AZ 81
AN Act 20 harmOnlko and strengthen
the existing school law. and Cor Other
purposes, passed In 1908, roads a.
follows: The county superintendent
shall investigate tho legality Of all a.
counts az 20 whether the same havs
Been legally incurred and allowed be
fAih NNH NAtAh Rt w HNNNtAHNff fNtIiNAt'
and no may reject any warrant ISSUED
by district school directors wheneve'
he may deem such warrant to hav,
been illegally iasusd Evidently
was the Intention Of the leplalature q
give the oOunty superintendent author
, liiy 10 pass upon al accounts aud war
rants omanathig from the school al
recioFs before they are presented &
Ia.
The right Of she o0unfy superintendent
20 investigate the legality Of account
! and warrants Is exprenaly given BY IN
! statute above quoted. u he huds
warran has beg1i illegally issued, b
may reject Il altogether. In my iudl
/ ment 4 Is the duty Of county treisui
ors 20 require ali warrants to be- al
! proved BY tho county aupegiuteuden
before paying the same. TO hold on
} cFwiEe, would BE- practically 10 annt
!. section ~ of che act above referred u
r II one warrant could be paid without
Z the approved Of the county superb
I lendent, All could be paid wiihou
! BIS approval. except IN the single caa
I of ihe payment ~ teachers wages, A
d lto which OF course the law specihcail
4 requires the warrant of school direc
( 0rs 10 DO endorsed by the county 81
o perintendent before u 81 paid
y by requiring the county Euperinten'
q ent 10 Investigate accounts and givin
him authority 60 reject illegal wa
rants Of school directors. the schca
fund Is not only better preserv9d, b
4 Il ~ a protection 90 the county trtst
uror ana reduces the chances OF b
/. making erroneous paymonts. u
4 therefore my opinion tha4 al warran
i: drawn by school directors should, q
a. der tho law. receive the ondorsomoi
l. LOT tho county superintendent
Il schools before they are paid BY q
d. county treasurer.
r. Very respectfully
1. @. w PHiChARD,