Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-09-19
CLANCY FAV0RS
! GIVING SHOES TO
I SCHOOL CHILDREN
Law Is Not Clear Says Attor-
ney General but if He Were
School Director He Would
Find a Way,
.,,e,.. eossssrorpsnes 70 noenlno Iousn.,


directors may provide clothes and
shoes for children who otherwise
could not attend school, Is a question
diyeussed today by Attorney General
Frank w. Clancy, and he declares
that while the law Is not clear, If he
were a school director. and the funds
permitted ii. he would be inclined to
furnish wearing apparel so that no
child would need go without school
Ing
II Is also pointed out that school d.
rectors may be fined for neglect Of
duty. What bearing this has on a
failure to hold school election after
a school director has called such an
election, is discussed at length.
Clothing the Naked.
The opinion says;
Santa Re. Sept. II, 1914.
"Mr. T. II. Teel, Elk, n. NJ.
Dear Sir: / have received your
letter OF the 18th instant in which
YOU ask what should parents do when
they have children living within three
miles of a public school and are not
able financially to get clothes and
shoes to send the children to school,
and what would be the duty Of a trus-
tee In case of that kind.
There Is no provision Of law in New
Mexico, SO far as l am aware. directly
applicable to any such condition. BY
Section rs of Chapter 81 of the laws
Of lg07 II appears that the school di-
rectors of every school district are
required to provide suitable school
houses, to keep them in repair; to pro-
vide necessary furniture and fuel; to
pay teachers wages and interest on
school bonds. 'and 10 defray all other
contingent expenses connected with
the proper conduct of the schools of
the district" Then follows a further
provision as to how the necessary
funds for such purposes shall be OBJ
tanned / am not at all clear how far
the general provision in the language
above quoted would extend. but 1t
would seem to leave considerable dis
eretion to the school directors. My
impression Is that In some cases school
directors have provided from the
school funds transportation for chill
dren who lived at such great distance
from the school house that they could
not come and go without such assis-
lance, but IL does not seem at all clear
that they would be authorized to pro-
vide clothes and shoes for children
10 enable them to attend school. al
ta3. I n sol p
self | would be much inclined to make
such use of the school money If ii
could be SO used without interfering
with the proper maintenance and con-
duct of the schools. | will submit this
however. to the state superintendent
of public instruction. who is. by law,
the adviser of all school Officers.
Notice of Election.
You further ask what would be
the penalty If a director should tack
up notices to hold an election and then
would not come TO hold the election
and had no reason for not coming,
and in case of such failure whether
the county superintendent has the
power to appoint trustees to fill the
vacancies. In case of failure to hold
elections il has been decided, by one
district court in New Mexico. that va
cancies would thereby exist which
must be filled by appointments to be
made by the county school superin-
tendent.
As to the penalty which might be
imposed for failure to hold the cleo
ton in accordance with the notices
given the law is not plain The stat
ute provides as follows:
Any school director who shall fail
to call the election and post the mo-
tees therefor. or to correctly certify
the result of such election as required
IN this section, shall be deemed guilty
OF malfeasance In office, and shall be
disqualified from again holding said
office by appointment or otherwise
Tor period of one year thereafter,
and shall be summarily removed by
the superintendent of schools, and
snail be fined not less than twenty
i've dollars nor more than one hum
dred dollars, or imprisoned in the
county jail not less than twenty-five
nor more than one hundred days the
sald fines to go to and become part
u The school fund Of the district in
winch such person was director. And
II is hereby made the duty of the
county school superintendent so re-
moving director to make affidavit
Vi the facts to the district Judge, or
peiore any justice of the peace. and TO
act as prosecuting witness against
said director.
You will notice that school dl-
rector may be punished for failure 10
correctly certify the result of the cleo
uoh- As no election is held he could
nut certify the result of it, and a
court might hold that the offense of
allure to hold the election was not
Win the letter Of this statute so that
ne could be punished for that. You
s'isit, however, make complaint to
your county school superintendent and
ssk MN to take action against the de-
aauiting officer There is another
s.a'uee. published as Chapter 121 of
s''e Jaws of 1903, which might be held
appheable Section ~ Of that act pro-
cues generally for the punishment by
.ne OF any school officer who may
s s.o'ate provisions of any act as to his
s s or who shall not faithfully per-
urn all such duties.
Yours truly,