Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-02-17
RELIEF BILL
FOR HUBbELL
PASSED
JOKER ELIMINATED FROM
COUNCIL BILL NO 81
Measure as It Stands Relieves
Ex-Treasurer Of Suit and
Gives Credit for Accounts
Paid Against Wrong Year.
Morning Journal Bureau
The Palace Hotel. :
G,rta L.a NJ NJ Eph 1G

J
With the Joker validating outstand-
ing county warrants wiped out of It,
the bill for the relief Of +. y. lIubbell
and other eX-trcasurors and county
treasurers who have violated the
Bateman law by paying current bills
out of next years tax collections was
passed by the council this afternoon
by unanimous vote. This is the bill
which was passed last Thursday after
noon. rcconsidcrcd on Monday after
noon and referred to the judiciary
committee from which it came this
afternoon nj the form Of a substitute
bill which was passed under suspen-
sion of the rules without discussion
or objection As it now stands the
measure II passed will relieve Frank
A. Hubbcll of several lawsuits which
are pending against him and which
were brought by the county upon the
ground that he violated the Bateman
law while treasurer, in paying cur
rent county bills out Of money coli
lected for the use of the ensuing
years account The bill is one of in
terest TO not only Bernalillo county
where violations of the Bateman law
were stopped at the end of Hubbelfs
term. but to other counties whore
this provision of the law has been vio-
lated before and has been violated
since The Bateman law provides
specifically that funds collected for
any given year shall not be applied
to current accounts or the accounts
= anathc, year II has been the GUS
tom not only in Bernalillo county, but
IN other counties, when the general
county FUND became overdrawn leav-
ing bills unpaid to pay those bills
by drawing on the next years funds
This practice was stopped in Berna-
lilo county when Hubbell went out OF
office Prior to that time. however
he had so used the funds in payment
of county bills against the specific ad-
vice of the district attorney and the
district attorney later brought suit
against him to recover the amount OF
the bills so paid. These suits reach 2
total of several thousand dollars. Two
years ago an effort was made to pass
these suits. The bill failed to pass. =
The present bill simply has the ef-
feet of removing tho ground of these
suits by validating the act of the eN-
treasurer in paying county bills out
Of the wrong fund 1t will have the
effect of validating such payments in
violation of the Batcman law as have
been made in other counties, in 9th
er words this bill simply suspcnds this
provision Of the Bateman law as to
the past and up To date should the
law pass it will merely remain for
to prove that the funds paid
out by him in violation to this pro-
vision were paid upon proper accounts
against the county The following is
the text Of the substitute bill
An act entitled. "An Act For the
settlement and Adjustment Of Claims
Against Public Officers, and For
other Purposes.
Wcereas, Boards Of Cour;y Commis-
sioners in many of the counties OF the
Territory have caused warrants to be
drawn for the payment Of current
indebtedness out Of funds other
than the funds for the current years
during which said indebtedness was
contracted. and the Indebtedness for
which said warrants were drawn and
paid being bona fide Indebtedness
which would otherwise have been paid
by said counties out of the funds of
the proper current years: and
Whereas. 1t is claimed that such
officers are liable for the
money so paid on said warrants
Be it enacted by the legislative as
sembly Of the territory of New Mex
leo:
Section /. Whenever 1t shall be
shown in any suit pending in any
court in this territory against any
disbursing officer or the suretics on
his official bond that any of the money
for which such suit is prosecuted was
paid out by such officer prior to the
Of this act on warrants drawn
bv the board OF county commissioners,
on account of bona hde Indebtedness
of such county. neither such disburs-
ing officer nor the sureties on his
official bond shall be liable therefore,
and such disbursing officer shall be
entitled to credit for such payments.
Sec. 2 Warrants or Indebtedness
paid by any disbursing Of
hcer In good faith are hereby vsli-
dated.
Sec g Any such disburslng Off
Ger may IN any settlement OF his ae-
counts before any board Of county
in the territory Of New
Mexico. show any such payments
mentioned IN the preceding sections
of this act. and upon such showing
shall be- entitled to credit for such
payments.
II any board OF county commission
esr shall refuse to give credit for
such payments the officer shall have
q right To appeal to the district court.
in the manner prescribed BY law. from
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