Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-02-18
OFFICIALS ARE
NOT ENTITLED TO
I. DRAW THEIR PAY
Advances of Money in Alb
sence of Law Authorizing 1t
Declared Illegal by State
Supreme Court,
Especial DISPATCH TO MOANING iosaSAll


Santa Fe, Feb. l1.-County officials
who have retained part of their fees
,or drawn allowances on their expect
ed salaries and who have paid depu
dies out of public funds, even when
authorized by boards of county COM
missoners, appear in the light of em
bezzlers under an important decision
handed down today by the state SUI
preme court in the state Of the State
of New Mexico, ex rel. A. j, Baca,
assessor of Socorro county. VS.. Max
W. Montoya, treasurer OF Socorro
county, appellant. The opinion is
written by Chief Justice c. j. Roberts
and Associate Justice r. II. Hanna
concurs in It. Associate Justice
Frank w. Parker files a separate con
curing opinion in which he says
In this connection it is to be oh
served that there is much to be said
in excavation. if not justification Of
the action OF boards of county COM
missioners throughout the state in
advancing money to county officers,
so that the business of government
could be carried on and the revenues
of the state collected; but it will not
do to entrust to any board, or Off
GERS the discretion to disburse the
public money for ,official services 10
officers of the state or the counties
such compensation must be fixed by
law
The Judgment Of the court below Is
reversed with directions to dismiss
the petition. The assessor Of Socorro
county filed two claims against the
county, totalling $4,000 expended for
deputy and clerk hire in 1912 and
1913. The county commissioners al
lowed the claims, but the treasurer
refused to pay the warrants. APP
pelee sued out writ of mandamus
and the treasurer in reply set up that
the warrants were void. The assessor
demurred, his demurrer being sus-
tanned by the district court and a pc
remptory writ of mandamus was or
.dered issued.
syllabus of Opinion.
Should the legislature fail to pass
"A salary law, both civil and criminal
actions are to be brought against
some 200 county officials to recover
monies due the state. The syllabus
0f the court says:
!. The rendition of the services OF
81 public officer is deemed to be
gratuitous unless a compensation is
fixed therefor by statute.
2. A deputy assessor who is re-
quired by statute to take an Official
oath is public officer, and hence
can not claim compensation from the
county i'm the absence of a statute fix
ing his salary or compensation and
providing for the payment of the
same out of the county treasury.
3. Where the law fixes no com
pensation for deputies, they must be
paid by the officer who employs them
and not out Of the public treasury.
A. Where a deputy assessor is moi
entitled to compensation for services
performed out of the county treas
ury. the assessor can not, by PAYING
such deputy salary, recover th'
amount of such payment from thu
county
Z Under a statute authorizing thu
board of county commissioners to ex
anime and settle and allow all ac
counts chargeable against the county
such board only has jurisdiction to al
low and authorize the payment OF le
gal accounts against the county
Hence. where it allows an aceoun
which is not legally chargeabl
against the county, its action IS with
out Jurisdiction and is null and voiC
and the county treasurer can right
fully refuse to pay a warrant issue
for such Unauthorized allowance.