The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-12-12
SHOWS
STATE OWES MONEY
TO ]. h. WAGNER
Balance of $500 Due
Former School Superin-
tendent, Without Inter
est He Paid for State.

SANTA FE. n. NJ. Dec. f2.-Iona-
than n. Wagner former stnte school
superintendent. reached n final set
Element saturday with A. O. Whittier
Of the lntter's recent audit and report
on the department OF education. and
Whittier's nnal report, filed today,
shows that instead OF there being
funds not fully accounted for, the
state owes Mr.. Wagner a balance or
Sb6.G3. This does not include the
amounts paid by MIR. wagner for In
terest on moneys borrowed Tor the
use Of the department Of education.
which the attorney general IN a ruling
has said that Wagner should no be
called upon TO pay and should not be
charges. the attorney generals orin-
ion says. are proper charges against
the funds Of the department.
In the nnai settlement Wagner o.
lowed every claim asked by the
travelling auditor. including s6S.Os in
/ generals opinion. The certincation
fund, after allowing ell OF the deduc-
lions claimed by Whittier, l. shown
to have owed Mr.. Wagner s227.22.
The travelling auditor disallowed Items
of travelling expense such as hotel bills.
unsupnorted by a receipt. and uthcr
miscellaneous items covering -four
| years OF travel. to the total amoun
OF siTi.Be. This left a balance due
Wagner by the state OF Sbb.d5,
Notwithstanding Tho attorney gem
| erals opinion as to Interest charges,
the travelling auditor required Wagner
to nay the interest on notes given In
the bank 30 pay expenses OF the de-
partment. Including the Interest
items. which Wagner has formally
protested. the auditors report asks
wagner to pay fl2.tb. WaRner's
counter claims were not considered by
| whittier, and u " expected that the
former will ask Tor reimbursement
before the attorney general and the
state educational auditor. who were
| appointed ny the state board of edu-
cation to digest ana report on the
travelling auditors report.
How mans Opinion an Interest.
In reference to the interest cmirEos
| claimed by Nh. Wagner and which the
/ travelling auditor disaliowed. Attor-
ney General bowman ave Auditor
Whittier the following opinion;
II could hardly be considered n
| dlguitied procedure for "a sovereign
state 10 demand "A those who are
| elected by the people TO perform Of
fetal duties should be required to pay
for the privilege Of being 80 designat-
ed. Neither can we conceive Of any
Just reason why an official Mould Ice
compelled to pay interest on moneys
borrowed which moneys are necessary
FOR the proper administration OF the
Office.
\ state would be no more iu-uned
In demanding that the official be re-
quircd To pay interest on moneys bor-
rowed In order 10 maintain the gov
crnmcntal functions Of the state than
would an individual he Justified IN de
handing hat the state pay interest on
lands required by him Tor his WI
personal use.
The moneys in question were bor-
rowrd for the purpose Of enabling Mr..
Wagner TO properly function In his
unics. and whether they We're expend-
ell for travelling or other expenses Of
the onlce. in our opinion, he not only
should not be- required to pay the in
tcrest which accrued IN the loan. but
ON the contrary. he should not bee per
United to do SO.
in our opinion She charge Of
si2OSi Interest against Mr. Wagner
Frrnunt paid ont OF state funds los
Mr.. Wagner for moneys borrowed Tor
the purpose Of enabling the depart
mcnt OF education To carry out the
duties OF the office should bee can
ccllod. Very truly yoHrs
tSignedl HARRY 5 BOWMAN
Attorney General.