Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-02-22
REFEREE'SREPORT
IN SARGENT CASE
Was Filed Today
by Charles L.
Bishop
nAliAIl FPAFlunAllN TlnTll
MUCH TESTIMONY TAKEN
Interesting Suit Involving
Contingent Expenses of
Territorial Auditor.


Charles l.. Bishop as referee in the
case of Territorial Auditor William G..
Sargent against the territory Of New
Mexico, filed his report today in
the district court of Santa Fe county
Mr.. Sargent, 1t will be remembered,
instituted this suit some months ago
for the purpose of securing a judicial
decision relative to the disposition OF
contingent expenses Of the auditors
Office and also to have his account for
contingent expenses as auditor of the
territory adjudicated.
Attorney A. b. Renehan of this
city was retained as counsel for Mr.
Sargent while the several attorney
generals during the interim have pre-.
presented the territory. Considerable
testimony was taken at various times
before Referee Bishop and this evid'
ence reduced to writing is incorporat-
ed as a part of the referees report.
The referees findings are as follows:
The Referees Report.
In the District Court, Santa Fe
County.
William G. Sargent, Auditor, etc.
VS..
The Territory of New Mexico.
To the Honorable John R. McFie AS
sociate Justice of the Supreme
Court of the Territory of New Mex
leo, and Judge of the First Judicial
District Court, thereof:
|, the referee and accountant here
inbefore appointed beg to report as
follows:
/. Within the provisions of law for
the betrayal of the expenses OF the
auditors Office, for postage, express,
printing, blanks and incidentals, the
plaintiff, William G. Sargent, properly
laid out for the 56th. 57th, and 5Sth
fiscal years. covered by vouchers re-
turned herewith the sum of $332.70.
2. He also properly laid out and
expended for said years, but without
taking Or exhibiting vouchers there.
for, sums of money for the purposes
indicated, as follows, to-wit:
(a) For clerk hire to NJ C. Miller,
for three months and sixteen days, at
$4,000 per month, in the seth fiscal
year, that is, for December, 1904, and
January and February and up to
March, 1905, $210.
(b) For stamped envelopes and
stamps for the use of the auditors
Office In the period of 27'1-2 months,
that is to say, from December l, 1904,
to March 16, 1907, at Sc per month,
$165.
(c) For ink for the period last
mentioned, Sc.
(d) For rubber bands for the per.
iod last mentioned, So.
(e) For typewriter ribbons for the
period last mentioned, IS.
(f) For mucilage and paste for the
period last mentioned, S..
(g) For typewriter paper for the
period last mentioned, $35.
(h) For pens, for the period last
mentioned, SO.
(i) For pen holders for the period
last mentioned, 75c.
Cd For lead pencns for period
last mentioned, 81.
(k) For carbon paper for period
last mentioned, $40.
Cd For express charges for per-
iod last mentioned, $685.
I'M For extra books, for period
last mentioned, IS.
(n) For postofiice box rent for per-
iod last mentioned, $3.50.
(o) For cash to J. G. McNary, in
said period, $3.50.
(p) For repairing typewriter twice
in said period, 81.
(q) For two letter files in said
period, 81.
(r) For rubber pads for copying
books in said period, Sc,
8. The total amount thus expend.
ed by the plaintiff. as territorial audi
tor, covered by voucher or testimony
and not involving in my opinion
questions of law for determination,
was $837.70, and this amount should
be allowed to the plaintiff
4, In the seth fiscal year, accord
ing to the appropriation made by the
a6th legislative assembly, the auditor
had available contingent fund ol
500. but the 36th legislative assembly
IN making appropriations for the 57tf
and 5Sth fiscal years, ch. 112, p. 3l4
l.. Of 1905, enlarged the appropriation
for the 56th fiscal year for the audi
tors contingent fund to $1,000 and
created fund for the 57th and SSH
fiscal years for the contingent ex
penses Of the Office under investiga
ton Of $1,000 for each of said years
The auditor construed the appropria
tion Of $700 made for the seth fsca