Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-04-14
COUNTY SALARY
LAW EXPLAINED
Has Been Source of Worry
To Officials
Tan Commissioner Outlines His In
depreciation of the New
Law.


ceived copies OF a letter sent out by
State Tax Commissioner T. G. Town
sent N explanation of the county
salaries law. The tax commission
er explains a number Of unsettled
points and constructs the law for the
benefit OF the county officers OF the
state who have been in doubt as TO
the meaning of several sections. The
letter Is as follows.
I'VE have been requested to con-
strue certain parts of chapter Is, of
the acts OF the legislature OF 1908,
concerning the compensation of
county officers. Paragraph c OF sec
ton 9 Of the chapter, fixes the com
pensation Of sheriffs, clerks of the
county courts and prosecuting attor.
neys.
Il take the clerk OF the county
court for example. The compensa-
ton is fixed by tn S section at not
ess than $4,000 or more. His salary
we will say, as fixed by the county
court is 5000 and he collects in fees
and allowances $1,40O. In this in
stance the whole amount of $4,000 is
to be retained by the clerk. But W.
Will suppose that the same clerk ,ol
Iects 5000 In fees and 5000 in allow
| ances. These amounts plus his sal
airy of $500 would aggregate $2,1OO
or 500 more than the amount fixed
by section 8. Fifteen per cent OF
$500, the amount of fees collected.
would equal $135. In this case the
county clerk would not be requ red
TO deduct the $135 from the $2,1OO.
out only 500, or reduce the amount
ot his total compensat on to exactly
$4,000 and pay the sheriff the excess
or 500. In no case would he be re-
CURED to pay to the sheriff any part
II his salary or allowances. Nor
would he in any case be required to
pay to the sheriff any part of his
ices If by doing so his compensation
would be reduced below $4,000.
what applies to the county clerk
also apples to the circuit clerk,
prosecuting attorney and sheriff.
The question has also been asked
II any of the county officers herein
named would have to pay to the sher-
IF quarterly the excess Of his fees in
case one fourth of his annual salary
allowances and fees would amount
tn more than one-fourth of the
amount fixed by section 9. do
not think he would. But at the end
81 any quarter when his salary, a.
owances and fees would amount to
more than the sum fixed by section 0
no would be required to pay to tie
heriff 10 per cent Of his fees, as
above indicated. 1t has also been
asked If the county officers are ent
led to a commission for handling
these fees. They are not.
I'VE have been asked to construe
paragraph b Of section 8. This para
graph is as follows: Such allowance
OF allowances as may be made by
me county court of the different
ounties to such officers by author j.
y OF law now in effect. This para
graph, | take it, means any compen-
;ation except the salary of the conn
y officers, which is paid by the coun
y court out of the county treasury
10 better illustrate / refer you to
sect on 8 OF chapter 3 OF the Code
wherein 1t is provided that the coun-
clerk shall be allowed a reasona.
Die compensation for his services in
me registration Of voters, to be paid
ut Of the county treasury; or to sec
ion IS of chapter 80 of the Cole.
wherein 1t is provided that the coun-
y clerk shall be allowed a reasora-
pie compensation by the county
'ourt for his services relating to the
publication OF the finaniial statement
These are the kinds Of allowances
as are referred to in the para graph
1t has also been asked If tho
'oGnty officers would have any riga;
o deduct clerk hire from the gross
ncome OF their respective offices be-
'cre paying the sheriff the Is per
sentum as provided I'm section 9
they would not"