Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-04-16
KEEPING VITAL
STATISTICS
Probate Clerks to Record
Only Those That Are
Properly Certified
f. G. AUSTIN HAS RESIGNED
Differences at Normal University
Explained by DIR. B. S.
Gowen.


Sullivan and Land Commissioner R
P. Ervien of the territorial good roads
commission will leave tomorrow on an
inspection trip of the Santa Fe-Albu
querque and CarriZoZo-Roswell roads
They will go in Mr.. Sullivan's auto
mobile.
Recording Vital Statistics.
The following important opinion by
Assistant Attorney General Harry S
Clancy regarding the recording and
indexing of vital statistics by probate
clerks is of much Importance:
Hon. C. C. Catron,
Assistant District Attorney,
Santa Fe, New Mexico,
Dear Sir: l am, in receipt of your
communication of the 18th inst. ask
ing for the opinion of this office as to
whether under Chapter 81 of the Laws
of 1907 and Chapter SO of the Laws Of
1909, the probate clerk should regis
ter all births and deaths coming to his
knowledge Or taken from church re
cords, or whether he is only required
to register such births and deaths up
on the receipt of the certificate of a
physician, midwife, ETC., metioned in
Sections l and of the Act of 1907.
Sections / and of Chapter 81 OF
the Laws of 1907 provide that every
physician or midwife, or any person
who shall attend person in his or
her last illness, shall furnish the
clerk of the probate court a certificate
of such fact. Sections 8 and 4 of the
same act makes it the duty of the
probate clerk to register and index all
births and deaths reported to him. y
In my opinion the words reported to
him" undoubtedly refer to the certi-
ficates mentioned in Sections L and
8, and that it is no part of the duty
of the probate clerk to register any
births or deaths occurring in his coun-
ty unless furnished with such certifi-
Gates. Chapter SO of the Laws of 1909
is an amendment of Section of Chap
ter 81 of the Laws of 1907, and reads
in part as follows:
1T shall be the duty of the probate
clerk to prepare a complete record OF
all births and deaths from the 21st
day of April, A. D. 1907, within his
county and record and index the said
reports as herein provided
The conclusion must be reached that
the words the said reports as herein
provided" refer to the certificates
mentioned in Sections 1 and 2 of the
Laws of 1907, Chapter 80 of the Laws
of 1909, having become a part of the
Act of 1907.
My opinion therefore is, that the
probate clerk is only required to
record and index births and deaths oc-
curing in his county upon a certifi-
toned in Sections 1 and of Chapter
81 of the Laws of 1907, and further
it is my opinion that the clerk is not
authorized to register and index births
and deaths, information of which he
may have obtained from other
sources.
Yours truly,
H. S. CLANCY,
Assistant Attorney General.
Captain E. G. Austin Resigns.
AT the meeting of the New Mexico
cattle sanitary board at Albuquerque
on Tuesday, Captain E. Goodwin
Austin, secretary of the board for the
past three years and for some years
one of it's members, presented his
resignation, which was accepted by
the board.
w. J. Linwood, of Ration, manager
of the Iowa Land and Cattle Company
and a member of the board, was
elected secretary and took over the
work of the office yesterday.
No reason is assigned for Captain
Austin's resignation. He did not care
to discuss it. The members of the
board made no statement concerning
the resignation while in session, but
member of the board said yester-
day:
I'VE are sorry that Captain Austin
is retiring. He has been careful,
conscientious official and has given
close attention to his duties. Mr.
Linwood, however, is an experienced
man; is not only a skillful account.
ant, but a successful cattle man as
well and fully acquainted with the
work of the Office and it's needs
No further changes will be made
in the office force
DIR. B. S. Gowen who has just re
signed as president of the New Mexi
co Normal University at Las Vegas
was in consultation today with Gov
ernor Mills and Superintendent o1
Public Instruction j. E. Clark regard
ing the differences which led to his
resignation.