New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1920-04-16
TEACHERS SALARIES CAN BE
RAISED UNDER PRESENT LAW

IEANnENS SAkANlES IAN DE
RAISED UNDER PRESENT LAW
New Mexico has found a way to
raise the pay OF the public school
teachers without waiting for the le-
ri .ure 10 enact further laws to
q horize the increase. The plan is
the suit of two m Jnths of hard
study by State Superintendent II.
V gner and his staff, plus an opinion
from the attorney generals office,
W i en- by Harry s. Bowman. 1t IS
the most important thing that has
been accomplished in state educa-
tional matters in many years.
TIE new plan which makes possible
til increase is new Interpretation
sr So l-ws 1919, and stc-
ton 4838. code of 1915. which Super
intcndent Wagner and Assistant At
to rev General Bowman both hold to
be the only reasonable interpreta-
ton. The law ref RS to scholastic
swear" but for me reason that now
appears to have been without proper
Foundation. this has always been
construed to mean a scholastic
term"
81 zoe Year Maximum.
Under tht old Interpretation a
school district employing a first
grade teacher and having a term Of
seven m )nths. might contrive to pay
the teacher 500 for the years work
The maximum allowance was $ll0 a
month which left only $40 month
for janitor service, heat, water and
tight. To make both ends meet
on this slender allowance often re-
quired expert management. But un-
der the new Interpretation, which
holds nothing more or less than that
when the law says scholastic year
it means a scholastic term" it will
be possible for such school to make
its budget for II months.
County Boards of Education are
therefore, emp owered to expend $llO
per month for twelve months, or
$500 for the scholastic year in rural
schools where first grade teachers
are employed and so per month for
twelve months or $l080 for the schol-
astic year in rural schools where sec
ond grade teachers are employed and
$40 per month for twelve months or
S840 f1r the scholastic year
in rural scho bis where third grade
teachers are employed.
The committee appointed by the
convention of the New Mexico Edu-
cational association at Albuquerque
last November agreed upon mini
mum salary of 81 200 a year { n tea
chers holding first grade certificates.
1t is believed that no trouble will be
encountered under this new plan.
The law referred to repeals all for
mer laws in conflict Herewith. which
Is held to lift the former limitation
On taxation for sch )ol purposes.
Thirteen o'her states will have to
wait until the legislature has made
1t possible for higher salaries to be
paid and in some instances in the Is
nothing can be done until constitu-
tional amendment has been passed
Text of Opinion.
The text of the attorney generals
opinion follows:
Referring to your conversation
with the writer regarding chaptef S3
laws of 1919, and the effect of this
law upon school matters in general
we would advise you as follows:'
AN analysis of the act would in
dicate that it was the purpose of the
legislature to provide for a maximum
tax levy for public school and to
limit expenditures of rural public
schools and the number of school
rooms in such schools.
$50 far as we are able to gather
from the wording of the act, there
was no intent to provide for school
year. The first part of section of
the act provides that the boards Of
county commissi oners shall levy a
tax not in excess of l8 mills, which.
in part, shall produce sufficient
revenue to support and maintain all
of the public schools in the state.
The act then further provides that
estimates shall be made on the prob
able expenditures in those districts
where graded sch ools have been es-
tablished with at least four teachers,
and where the school term shall be
from seven to nine months in dura-
ton. The second part of the said
section provides a limitation of ex-
penditures to be made f)r all school
purposes excepting those herein spec
flied in the rural schools where no
graded school, as provided for in the
first part of the section. is maintain
ed. The question might arise as to
whether the limitati IN of the amount
to be expended applies to full scho-
lsstic year as designated in section
4S38 code 1915, which is IL months,
or for the period of seven, eight or
nine months, as mentioned in the first
par. of the section.
at is apparent that there has been
no attempt made to limit the scholas-
tic year to either seven, eight or nine
months, and therefore. that the pro-
visions of the act limiting the ex-
penditures for school 1om to $40,
800 or $ll0 per month will apply to
that many months during the SEQ
lastic year The use of the words
during any school year in this part
of the section is significant, as If it
had been intended that the expendi-
ture should be limited to the number
of months named in the first part of
the section, the words just quoted
could have been omitted without af-
fecting a meaning. 1t is, therefore,
orr opinion that in order TO construe
together this section and that part of
section 1888, which designates the
scholastic year. ~ necessary TO hold
that the amount to be expended each
month applies TO the full scholastic
year as provided in the section of the
code above mentioned and is not
limited to a period of seven, eight or
nine months as mentioned in the first
part of the section.
"We have examined the certificate
Il