New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-01-21
WRITING GROUP INSURANCE
UPON LIVES OF TEACHERS
NOT JUSTIFIED BY THE LAW
By Guthrie Smith


miums upon such insurance from
school funds. This is the gist OF an
opinion by Attorney General Harry
). Bowman, upon the request of
John Y. Conway, state superintend-
cnl OF public instruction, reporting
Extraordinary cases from Bernalillo
aud Union counties. This was one of
iou- important matters affecting the
public schools OF New Mexico, upon
which Bowman has just ruled on
request OF Conway.
The insurance case originated in
Bcrnalillo county. According to the
reports to Conway, the outgoing
county board of education in Berna-
lilo county had group insurance
written upon the lives of its rural
teachers, and paid the insurance pre-
miums from the school fund. News
oi this theory OF brand new way
10 spend the school funds spread
rapidly, and the Union county board
had insurance written upon its teach
ers. 1t is reported that ColfaX and
Chayes counties had applied, or were
ABOUT to apply. for such insurance,
when the matter was reported to
superintendent Conway. He imme-
diateiy referred the case TO the at
torney general, who furnished an
opinion at once. Conway then gave
instructions to all concerned that the
practice is without warrant OF Law,
and that it must be discontinued al
once. 1t is said in support Of the
insurance plan that some OF the dis
II -
justified by the law governing the
matter Of insurance for certain
classes Of workers. Attorney General
Fowmans opinion, in part. follows:
The first question which suggests
il. elf is whether school teachers fall
within the list OF the employmcnts
mentioned in the act which are SUBJ
ject to the Workmen's Compensation
insurance provisions.
Section 10 OF the above mention
ed chapter prescribes the employ
nlcnts to which the act is applica-
bic and none of them, SO far as |
am able to ascertain, apply TO school
teachers.
Therefore, in my opinion, under
this law, policies OF insurance could
not be issued upon persons OF school
i''eue'' o..
The second inquiry directs ltsclt
&c the authority OF the various
poarus ~ ot .o eau'a,ion 70 '', spv'd "'omo omei
policies. Il the policies should be is
sued upon persons OF school teach
We ana nothlnB, express or I'M
pied, "a the law when would lnSt,-
y lHe eAp-AdlluIS ol sC"CoI lu"'s
Tor Sueh purpose
Hardly less important, though not
SO unusual Is the question as -
whether or not county Do"Iu' 'i
education nave authoriiy 70 oolro 4
money TO pay saiarles OF teaeAc'#'
"herc there Is not slIii1leHt money
O.. the county treasures 70 l'c ere
ait OF thc Sc.ool Iuhas' conway re-
peiIs uat alIeaay leaShg'7 J" 'Nt
-i'y - otl' p4'l =, J'''p',s ~, g.
,"1 'o' "''is % -, @'''' -,
,.t, 10" -. Lo-r1.,9'
~, t-i''''y o' Y9"I,,' ,'.,,,.,D3J., ~ Nv
'- y'..e''' 1s''u - vas ~. ~ ~ ,"
- ,i-.s... o,',,L, " ',, ~, '- ~ .,, 80
~ a.
ii elIN 81, H'ieo.'l' ~ @ ,.'''' N, ,,,i '''.. a,'.
o"s ma ."@"s I.1' l1 ID. 70''''-N
- '''1 ooa'1'' i4' S''
ln our opinon there is no pro
ht.llion "r objection 70 ING Dor row
"1 va '''s "y 'o"i''y '."- ~
,l-,-' .'o" '-' "e az, P-i 4.oa-'
,ons as s1'" D'"' oS 20 Ho' -.'' go.
,n' '''..'.' .I''ls P.''s'l'e3 'y Jaw '',
Hc'' NV'lN. lNl 90 ~ ' -'l' ely
Keep l'.-i"'eif g "l'''l" ~, t'1 "'''o.
i tiAlt WI '"e D'ose'9 ''eu - 'u0"
.... r.
N01i'.s "po" s.S" "y''i'iN ro'"'s
IS GaI.!hs upon tne county s4'l''i
''Iv''ts Y "a" 'ue" st''''' -
"' edVc'u,H l9sc'her - I'l4He pro
'le-oh, 50 ,"dt heteaItei IH's' 'y4oil-
efS wa not De SUBJECTED 10 me NUM-
!iiation ana loss ol haNihS 10 discount
'neir pay warrants
a third question, based upon the
inquiry OF the county Superintend-
ent OF Torrance county. relates TO
the authority OF a teacher TO expel
a pupil for unrrle conduct. The at
torney general says he knows OF no
law which gives the district court
or district judge the right TO order
the return to school OF a pupil who
has made an assault upon teacher
with a knife. On this point the
opinion says:
g. We do not anticipate that anv
court would order a school board
or a teacher to keep a pupil in
school who refuses TO obey the rules
and regulations, and whose attend 1
ance would ieopardize the discipline |
of the school.
,If the n,,nJ men,;oned !, vour
,.,,e- ,g;it 90, be,.
: