The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-07-13
SHERfFS CAN'T GET
EXTRA COMPENSATION
FOR HANG|NGS, SAYS
Attorney General Patton Rules
That the Hundred Dollars Paid
for Each Execution Must Go
to County Treasurer.

santa re, y. NJ, july ID NnerltiS
IN New Mexico cannot receive extra
pay for hnngines. according to nu
opinion BY Attorney General Patton
given the travelling auditor Mr. Rat.
tc.i aas also written an opinion re.
harding bridges over aceuuias. the
the two being as follows
June so. 1919.
Hon A. O. Whittier.
state Travelling Auditor
santa Re New Mexico.
Dear sir.
am in receipt of your letter NJ
yesterdays date. asking advice from
this office as To whether or not the
Zee OF 500 due the sheriff Tor exc
cutting the death penalty. as provided
BY section 1885. Qualification ~ 1918.
is properly chargeahie against the
sheriff and rs to whether or not such
sheriff should account FOR the same.
the same a. other fees.
The section OF the statue referred
TO. which section II u schedule ~ the
various fees payable to the shorty
contains the following provision:
For execution each death warrant,
tl0o. to be paid by the stnte of New
Mexico"
Article y. Section J. n tho const-
tuition, contains the following proviS-
ION
And uo county officer shall re-
'eiyc IL his own use any fees or
emoluments other thar the annual
salary provided by law. and an fees
canned 10y any officer shah be by him
collected and paid into the treasury
Of the county"
Section :, Chapter -. Laws 1915.
the same heing the county salary law
reads. In part. as follows.
\ oun officer shall respcr-
lively charge and collect an fees.
cmolumonts. mileage. and per diem
heretofore and now or which here
after may he authorized by law 10 ec
charged and collected for official
service rendered by them. and shall
keen an accurate aud itmeizcd ac-
thereof and on or before the
tenth day of each month pay he
Same ove 10 the county treasurer of
their respective counties
You cpl nay attention TO me fact
thut this fee ~ paid hy the state and
no by the couny ! do not think
that such facts is Of any consequence
in tho construction Of this statute. n
my opinion. 10 rs past uf the foes n
cmolumvnts which thc statute author
Ives the sheriff 20 collect. II b., in adj
dition 20 his annual salary. II is the
character az foe which Chapter ~
Laws 1915. requires the shoriff 90 col.
lect and paN over To- he count treas.
lrcr IN my opinion tho sheriff IL
c~hargoublc with such fee ana must
ccoun for the =sm" under our con-
'tituti,n and stitutos
Yours vers truly
HARRY D.. PATTON
At'orney General
Noequia Bridges.
june rs lel7
Hon Neul r. Field.
b Albuquerque y NJ
Dear Sir
: am in receipt ~ your letter OF re-
cent date. Iu which Won ask for AN
opinion from this ofti,, with refer
oucc 20 the duty Of maintaining
bridges over ac"puIls crossing public
highways ln Bcrualillo county
Z nssum" from your letter 'hl' this
is % oommunity ditch sections .11-
- SEQ Qualification Of 1873. relate 20
the construction NJ usidEes over come
munity bitches ~ tho crossing Of pub.
lic highways These sections are a
part 'f % chapter rclntiup 20 conn
muultr dIiches which eNolIdos Der
nalillo aud uth'r counties ana has no
appli'a JON tp %rncquilt I'm yout
-.
Section 2Gp2 Requires Mayor Domos
of HCopu.ba fu rurstrugt bridges
qoross ac'quia- whor, the gooquiu is
crossed b., a rord. section i5UN mako
Il the duty Of the uvnor cor owners ~
lny ditch co. canal to r"ustruc' % sub
stautial bridge where the same
crosses any public road with H pass
lgcway not less than - feet wide
The section further provide Tint
after the construction of such bridge.
the same shall be- maintained uy ths
county commissioner Tho 70" Ton
last referred 90 rs. no my opin'on IN"
ono that applies 90 bridge across
oucuuias uu public roads .u Errnr'l1
county lu my opiuipu. yau fre Ar-
rect ir u conclusion thai 10 b.. tho
duty 81 'h' Of the rvrsuiI Go
construct 90 bridge. ana tina, it I. tho
duty ~ tho county Goo maintain ana
keep lu repair such bridge. when go
placed
Yours truly
ATTnN