Opinion No. 13-974
January 2, 1913
TO: J. F. Hutchison, Superintendent, New Mexico Reform School, Springer, N. M.
REFORM SCHOOL.
Reform School is not authorized to borrow money.
OPINION
{*135} Your letter of the 31st ult. was received yesterday. I was not aware of the fact that the Reform School had borrowed any money and, in view of the provisions of Section 1 of Chapter 69 of the Laws of 1912, I do not see how the school could properly incur any such debt. The Board of Trustees might, individually, borrow money for absolutely necessary expenses, trusting to the legislature to protect them, but that section of the statute forbids their doing anything which would create a liability against the state.
As you point out, that section permits the purchase of food and clothing for inmates on the credit of the state, but nothing else and {*136} there are many other necessary things for which provision should be made. It is reasonably certain that the legislature, unintentionally, failed to provide for such emergencies and will rectify the mistake at a very early day. In the meantime, to avoid even an appearance of any violation of the prohibitions in the statute, it might be possible for the members of the board or for citizens of the town of Springer to provide the money which you may need for such expenses without attempting to create any liability on the part of the state or of the board as a representative of the state. I have no doubt that the legislature will see that the persons who advance such money are reimbursed.
1912
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