El Nuevo mexicano., 1919-10-23
EXEMPTION APPLIES
70 SOLDIERS FOLK
'AseioTANT ATTORNEY GENERAL
MEYER GIVES OPINION IN JIM
pbRTANr4 MATTER AFFEoTiNh
SERVICE MEMS TAxEs-oTHEA
OPINIONS ALSO GIVEN.

~ AN82Btant AUtOrh0y GENERA NJ
Meyer has written several interest.
ing opinions IN the past few day.
f0r6 residents or New Mexieb.
One holds that the salary Of the
county school superintendent musC
not be paid monthly. but quarterly.
Another deals with the question
whether county commissioners have
power to- revoke. change or continue
4 contract entered into BY aham prior
1t0s1the date that Chapter 80 OF the
Sessions Laws OF 1919 became effec-
tive. The third deals with the pub,
location or proceedings Of the boards
OF county commissioners. The fourth
concerns the much talked OF exemp4
ton law.
As the opinions undoubtedly win
prove OF statewide interest they are
given In full as follows:
MUST PAY COUNTY
SUPERINTENDENT QUARTERLY
rl0etober 16, 1919.
"Mf. James A. Atkins, Superinten-
dent OF Schools, Tuhumcari, M M,
Dear sir. | have before me your
letter OF October 8, in which you in
quire whether or not the county sii
p~erintendents salary can be paid
every month instead Of quarterly.
Section IL OF Chapter 1g OF the
Session Laws OF 1915, provide
Except an hereinbefore and
hereinafter otherwise provided,
the salaries OF all county officers,
and salaries Of deputies, fixed
BY them and by this act, and ex-
penses by this act authorized,
shall be paid quarterly out OF the
county salary fund = = :
Provided salaries OF coun-
tn superintendents of schools
shall likewise be paid quarterly
out OF the general county school
fund Of the respective counties,
in view Of the above provisiof
OF the law. we hold that the salary
OF the county school superintendent
cannot be paid monthly, but must be
paid quarterly as specifically provid
ed by the latter part Of Section IA
above quoted.
VOTED CONTRACTS ARE
ALWAYS IN FORCE
October 16, 1919.
'sMr. J.. Emmett Gregg, Count,
Road Superintendent, A~lamogordo
I'M. M
Dear Sir: We acknowledge re-
ceipt Of your letter Of October s, II
which you ask this office to rendel
an opinion as to whether or not thu
county commissioners have power L
revoke. change or continue a contrael
entered into by them prior to the
date that Chapter SO of the Session
Laws of 1919 became effective; y
1.-THE county commissioners have an
Ithority to make direct warrants fol
supplies, labor, machinery and ma
~terials without the county road su
perintendent first issuing a voucher
and il it is mandatory upon the com
missioners to issue warrants fol
vouchers issued by the county roas
superintendent.
"First-Any contract entered int
by the commissioners is binding az
lcDrding to the terms and period
Thereof regardless Of Chapter SO o.
the Laws of 1919. / do not see un
der what theory the commissioners
would have the power to arbitrarily
revoke. change or continue any con
tract entered into by them, there
fore. anylexisting contract that Nigh
have been entered into by the count.
commissioners previous to the tint
that CHAPTER 80 became effective
would be valid and binding. and tn
only change that Chapter 80 make
lis. that the county road superinten1
ent should see as to its proper exc
kcution, according to the terms Of tn
same,
second-It does not appear unde
Section s Of Chapter 80 OF the Law
81 1919, that the board Of count
commissioners have authority to 7
sue warrants for any labor, supple
machinery or material furnished 10
construction and maintenance z
county roads unless the same is SUI
ported BY itemized vouchers issue
snd verified BY the county road s.
Ep~crintendent.
Third-Section 6 provides furthe
that all payments Of indebtedness q
provided for in said act shall ,
made BY warrants of the board {
county commissioners, and II is IN
duty Of the county commissioners
nav said vouchers by warrant II the
lind the voucher to be correct. Be
ition " OF the same act provides tn.
'ithe county commissioners shou'
audit the vouchers and statement
~ It necessarily follows that the ie
islature intended to give the coun'
commissioners revisory power to 2
certain the correctness Of ca
Voucher. The same section furtn'
provides that II the commissions
become convinced that the superi
fendent il paying excessive salarl
Nd employees, or excessive prices 4
gsnbplics Or materials, they may q
Vfse the governor of such conclusio
lso II would appear that the coun
commissioners cannot arbitrarily J
fuse 20 pay any vouchers proper
issued and verified by the coun
road superintendent"
slANY PAPER MAY
PUBLISH PROCEEDING
October 16, 1919.
pMr. %. ID. Armijo, Taos. n N.
sDear Sir: We have your lett
o. October 6 In regard to the pull
cation Of the PROCEEDINGS Of 7
board OF county commissioners,
youf PAPER, VIZ also receiyed :
mnmbets of the paper which you se
lis for examination.
section i Of Chapter as Of I
Session Laws. Of 1918, define q lel
~ o4,oIfffod ~ nnhtfeh A