The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-01-28

| ries of the County School Superinten
| dents under chapter No. 81 of the
| Laws of 1907 you should consider
/ City Schools
| 2i-Whether or not the salaries of
| County School Superintendents are to
| be paid out of the School fund or the
general fund
Under Section No. 21, of chapter 81
Of the Laws of 1907, the salaries of
! County School Superintendents are
to be fixed by you in accordance with
the number of school rooms, under
the jurisdiction of the Superintendent
in the County used for general school
purposes at least three CD months
in year.
Section No. ~ provides that subject
to the supervision and direction of the
Superintendent of public instruction
the County Superintendent of Schools
shall have Jurisdiction over all pub
lie schools within his County, except
those in Cities, and such schools, in
Guiding City schools, shall make such
repors to the County Superintendent
and to the Superintendent of public
instruction as may be required by the
Territorial Board of Education.
The term jurisdiction" as used in
sections No. 90 and No. 21, is in my
opinion used in the same sense in
both sections, and for the purpose of
fixing the salary of the County Su-
perintendent of Schools you should
not consider the school rooms in
Cities.
AS the funds from which the salar-
les of the County Superintendents are
payable, you are advised that Sec.
No. 21 provides that the County Sup
erintendents of the several Counties
of this Territory shall receive the fol-
lowing annual compensation payable
from the County Treasury in monthly
fnStallm on warrants of the Pro
bate Clerk drawn on the Coutny Treas
urer.
Section No. 18 makes it a misde-
meanor for any person to directly or
indirectly cause and portion of the
public school funds to be paid to any
person for services as County Super
intendent of schools who shall not
have filed with the County Treasurer
certified statement of the Gualifica-
tions mentioned for County School
ISuperintendents, which would indi-
cate that the salaries of the County
School Superintendents were to be
paid out of the public school fund;
but section No. 20 makes it the duty
of the County School superintendent
to on the third Monday in January,
April, July and October of each year,
or as soon thereafter as he shall re-
ceive the certificate o fthe Territor-
ial Superintendent of Public instruc-
tion signifying the amount appropriat-
ed to each County for the use of the
common schools for the current year,
apportion such amount, together with
the County school fund for the same
purpose, to the several districts with
in his County in proportion to the
number of school children residing in
each over five and under twenty-one
CID years of age, as he same shall ap
pear from the last annual reports of
the Clerks of the respective school
districts, and also requires him to i'm
mediately certify such apportionment
to the directors of the respective
school districts, and to the County
Treasurer of his County, who shall
credit the several school districts on
his books with the respective sums Up
portioned to them This would seem
to require the County Superintendents
of Schools to apportion all school
moneys to the several districts within
his County and / am therefore of the
opinion that the salaries of the Coun-
ty School Superintendents should be
paid out of the general county fund.
Yours very truly,
(Signed) JAMES M. HERVEY.