Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-03-18
CLANCY HOLDS
STATE AUDITOR
MUST PAY CLERK
Senate Journal Says It's So,
Whether It Is or Not, and
Officials Will Get Money I'M
less EnjOined,

tsFGcibL ntsPATCH 10 MoNNiNs JOURNAL
Santa Fe, March l7.--Attorne,
General Frank w. Clancy can see no
reason why the state auditor should
not issue warrants under the def
cheney appropriation bill for the SUI
preme court clerk, the insurance
commissioner and the auditors and
trcasurcr's office passed last Friday
afternoon over the governors veto
lie handed down an opinion in re-
gard to the matter late this after
noon. which is addressed to W. G.
Sargent, the state auditor. and is as
follows:
DAY before yesterday / received
your letter. Of the 18th inst, ashin-
me to advise YOU if the salary of the
supreme court clerk at the rate OF
5000 per month, as provided by
house bill No. 1858, for one year and
three months, can be legally paid un-
der the provisions of said bill.
What the journal Shows.
AS understand, your inquiry re-
lates only to the validity of the act
itself, and | assume that this must
he on account of some doubt about
the regularity of its passage by the
two houses of the legislature over
the governors veto. have examined
the bill and accompanying papers on
file in the office Of the secretary of
state, from which it appears that the
bill was regularly passed i'm both
houses, Notwithstanding the obiec-
tons Of the governor, by the requi-
site two-thirds vote. The only I'M
usual thing is that the certificate Of
that passage of the bill in the sem
ate was signed by the president pro
TEN of the senate, and not by the
regular president While this on its
face would not necessarily subject
the bill 70 any suspicion. | still
thought IL desirable to examine the
journal of the senate to ascertain
what the record shows. That journal
shows that the bill having previous
ly passed the house by the necessary
tWo-thirds vote, was on March IL.
the fifty-ninth day of the session,
taken up and passed by vote of Is
to ,. 1t also shows that this, with
other bills, was taken up for sigma
ture on the siXtieth day. but before
they were signed the lieutenant-gov
crnor as president of the senate de-
clared that the senate was adjourn
ed. The senate refused to adjourn
and called the president pro tenn 10
the chair. and thereafter he and the
chief clerk signed this bill, having
been directed by the senate to do SO,
and the fact of signature appears on
the record
Money May BE Paid.
with the record in this condition
l am unable TO discover any objec-
ton to the validity of the bill SO far
as its adoption by the Legislature is
concerned, and | see no reason why
you should not paw the clerk his sal
airy in accordance with the provisions
of the bill"
Unless enioined by court order
the appropriation under the bill.
to almost $4,000. will be
paid tomorrow This ruling of the
attorney general also applies to the
other bills passed over the governors
veto on the last Friday afternoon Of
the session However, under the bill
creating bureau of immigration to
be sustained from funds derived from
land sales another question will be
raised. and that in the federal court,
because it is asserted by those oppos-
ing the measure that funds derived
from lands granted by the United
States can not be diverted for that
purpose