The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-01-28
HILL MUST MANDAMUS
TO GET HIS SALARY.


Superintendent. of Schools, c. G.. Hill
both James M. Hervey, Attorney Gen
| eral, and James E. Clark, territorial
| superintendent of schools, hold thai
| the county superintendent should be
paid out of the general fund of the
county instead of the school fund, as
] had been done for many years in
Chaves county. AS result, Mr. Hill
| will have to mandamus the county
commissioners to get his salary, as
| they believe they have been right in
paying him out of the school fund,
and they want the case tested in the
| courts before they take any action in
matter. Commissioner VIM. Atkinson
today announced this as the intention
| of the commissioners.
The matter came UP when County
Superintendent Hill asked that he be
paid his salary every month, giving a
territorial law for the ground for his
request. When it was shown him
| that it has been the custom for many
years to issue the warrants for the
payment OF all salaries quarterly he
: wrote to the two authorities mention
| ed for their opinion. Along with their
opinion on this matter, both territor-
ial officials gave it as their opinion
that city school rooms should not be
counted separately as school buildings
in making up the number of schools
in county. (For the superintend-
ent's salary depends upon the number
of schools in his county)
1t might be added that there will
not be enough money in the general
fund to pay the county superintend-
ent of school in this and many other
counties of the territory. ChaveS
county has long been rated as a coun-
ty of the "a" class, and only short
time ago was rated in this class for
the year 1909 by the Territorial Au-
ditor
The opinion of Territorial Superin-
tendent is as follows:
Board of County Commissioners,
Chaves County, Roswell, N. M,
To the Probate Clerk,
Dear Sir:-Enclosed herewith you
will find copy of the opinion of the
Attorney General concerning fixing
salary of the county superintendent
and concerning the fund from which
the salary of said county superinten-
dent shall be paid. You will note:-
First:-That the school rooms in
cities are not counted in determining
the salary of the county superintend-
ent.
Second d:-That the salary of the
county superintendent shall be paid
from the general county and not from
the school fund.
In accordance with Section 20, Chap
ter 81, Laws of 1907 providing that
"the county superintendent of schools
shall have jurisdiction over all public
schools within his county except those
in cities,' and according to section
21, of the same chapter providing that
the salary of the county superinten-
went shall be fixed on the basis of the
number of school rooms in operation
under his jurisdiction for "at least 3
months in the year." and according
to the reports of the county treasur-
ers as to the receipts from the tax
levy for general school purposes dur
ing the year 1908,I have fixed the sal
ary of your county superintendent.
I find according to the report of the
county superintendent dated June Is,
1908, SO rooms in operation for per-
iod of three months or more and ac-
cording to the report of the county
superintendent dated December 7th,
1908, find 8 additional rooms in op-
Grafton for a period of at least three
months, making a total of AT rooms.
The salary Is, therefore $1,000, pay
able out of the general county fund
in monthly installments on warrants
of the Probate Clerk drawn on the
county treasurer.
The law provides that the salary of
the county superintendent shall mot
exceed one-third of the total amount
of money collected in any county from
| the tax levy for general school purpos
es in any year." Some county treas
urers have failed to make their re-
ports, but 1 have not found that in
any case where reports have been
made the salary fixed for the county
Superintendent is in excess of one
third of the collections reported by
] the county treasurer. If your treas
urer has not made report it will be
well for you to inspect this item be-
fore drawing warrant for the county
superintendent.
Your attention is called to para
| graph four Section 21, Chapter 81,
Laws of 1907, which provides that
the county superintendent shall be
entitled to Office expense to cover sta
tionery, postage, printing, etc., which
| for any one year shall not exceed four
per cent of their respective salaries.
These expenses shall be allowed quar-
\ terly by the Board of County Commis-
| sioners on the presentation of itemiz-
| ed and certified bills"
I have had the reports from your
county inspected by at least three diff
ferent people and feel confident that
the salary fixed in the foregoing is
fixed in stric. accordance with the
reports which are certified to be in ac-
cordance with actual conditions in
your county. If you suspect an error
In any point I shall be grateful to
you II you will call my attention to
the same.
| Yours very respectfully,
/ J.. e. CLARK,
Territorial Superintendent Public In
struction.
The letter of Attorney General Her
fvey:
Territory of New Mexico, Office OF
/ the Attorney General. Santa Fe,
| January 8. 1909.
Hon. James E. Clark,
L rfx,Sr