The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-03-13
THE new SALARY ACTS.
Assistant Attorney General Gives
Construction on Them.

mas 1urnlSneQ tne COuPll oiiei 6Sn
with.two opinions of general interest.
The first concerns the salary OF prac-
tically every county official in the
State, and is consequently of much
concern to these officers. It reads as
follows:
Dear Sir: You request to be ad-
vised when under the acts Of 1892 the
salaries of county auditors and county
treasurers begin.
An act approved Feb. q, 1902.
grading the salaries OF county ON
GERS, provides That the amount there
in fixed, shall become effective May l,
1902. The auditors will therefore re-
ceiye the compensation now provided
for until May the first next, when
they will receive the salary provided
for in the act above referred to. But
the appropriation for county treas
urers has q clause making the opera
ton different from that OF the audi
tors. BY an act approved Feb. 2Z,
1902. 1t Is provided that the following
sums il so much be necessary, be, and
the same are hereby appropriated 10
meet the expense OF the tax depart.
ment, as follows: For the salaries OF
county auditors, $4,000. For
the salaries Of county treasurers, W.
900. The county treasurers OF the
State shall receive as compensation
for the year 1902, the annual salary
provided in an act passed at this ses'
sion of the general assembly, en-
titled. "An act to fix the amount OF
compensation to be paid to the coun
ty officers of the various counties OF
the State, Notwithstanding anything
contained in said act It will thus be
observed that the appropriation act
making the compensation Of county
treasurers begins on the first day OF
January, 1902, upon the basis OF the
salary graduation act and snai! ps'
come effective on May l, 1902, for IN
no other way could they receive com
pensation for the year 1902 and an
nual salary" Then the appropriation
act refers to the act fixing the sal
aries making the provisions "notwltn.
standing anything contained IN sala
act: this phrase is clearly intended
to exempt the salaries Of the county
treasurers from the May the first hnl'
itation and to allow the salary pro-
yided to become operative from lhe
first of January, 1902.
The other opinion referred to reads
as follows:
Dear Sir: You request to be advised
upon the following statement: Inc
act fixing the salaries Of circuit sollc'
itors. approved Feb. 25, 1902, READS as
| 1
the general assembly of the state u
| South Carolina: The circuit soiic'
itors Of each circuit shall receive d
salary at the rate of S1,50O per an
num except the solicitor of the First
circuit, whose salary shall be at the
rate of s1,S00 per annum. Such sal
ary shall be in lieu Of all charges
against the State and county. All
costs from the defendants shall be
paid over by the solicitor to the coun'
| ty treasurer for the use OF the couh'
| tv. They shall also receive the same
J per diem and mileage as members OF
/ the general assembly while IN a.'
tendance upon the session Thereon,
! Section 2. That all acts and parts OF
acts in conflict with this act, are mere
by repealed. Approved Feb. 20, lsoa
In the appropriation act, sectlon .
among the amounts appropriated, ap
nears the following: For salaries OF
/ the solicitors. S12,250. 1t is evldenl
that this appropriation was intended
| to conform to the act above men
toned. fixing the salaries or compeh
sation of circuit solicitors. although
the sum appropriated is $4,000 less
than sufficient to pay the amount pro
vided for by that act. wish 70
know: First. If under the act IN
creasing the circuit solicitors sal
aries. this increase dates from Jan
nary the first? Second. Does the COM
nensation provided for in this act, Oh
the increase in salary, begin 20 days
after the approval Of the act nrs'
above mentioned?" ,ooo
The appropriation act Tor l9oz
makes the following provision IN sec
tion /: That the following sums, II SO
much be necessary, be. and the same
are hereby appropriated to meet the
oynenses of the executive depart
ment as follows: Section 2. Fol
the salaries of solicitors, S1,250. IC
determine what amount is necessal
we must look to the act fixing the sai
aries, The act above referred to hHes
the Salaries at $500 per annuum, eX
ccptt for the solicitor of the First cir.
cuit whose salary is fixed at sl.eog
per annum. This act was approves
Feb 25, 1902. and under the law be
comes effective 20 days thereafter
This act is Of course not an appro'
nriation act. but simply directs the
comptroller to pay certain amounts
ont of a fund set aside for tnat puI'
pose. Hence it follows that the the sa., "a
aries on and after 20 days after the
95th of February. 1902. should BE al